*/
Profession
Solicitors are being urged to negotiate alternative terms with barristers, following the introduction of the Bar’s new standard contractual terms.
The Law Society has claimed that the terms of engagement, which came into effect at the end of January, are “weighted strongly in favour of barristers”. In a practice note, the Society has raised particular concern over clauses strengthening barristers’ intellectual property rights; exclusions from liability; increased hourly rates; payment terms; and money laundering responsibilities.
Several firms of solicitors have contacted chambers to advise that they have no intention of agreeing to the new contractual terms.
The Bar Council has mounted a rigorous defence. Expressing surprise and disappointment, the Bar Council warned that “the Law Society’s proposed variations give rise to some serious potential difficulties. For example, some of the variations run counter to guidance already approved by the Law Society, and some might lead to barristers incurring liabilities which are not covered by their professional indemnity insurance, resulting in a risk of professional misconduct and detriment to lay clients. One would give the solicitor absolute discretion about when the barrister should be paid, which could lead to financial hardship for the barrister unless proper safeguards were agreed.”
Specific guidance from the Bar Council is available on the fees collection page of www.barcouncil.org.uk.
The Law Society has claimed that the terms of engagement, which came into effect at the end of January, are “weighted strongly in favour of barristers”. In a practice note, the Society has raised particular concern over clauses strengthening barristers’ intellectual property rights; exclusions from liability; increased hourly rates; payment terms; and money laundering responsibilities.
Several firms of solicitors have contacted chambers to advise that they have no intention of agreeing to the new contractual terms.
The Bar Council has mounted a rigorous defence. Expressing surprise and disappointment, the Bar Council warned that “the Law Society’s proposed variations give rise to some serious potential difficulties. For example, some of the variations run counter to guidance already approved by the Law Society, and some might lead to barristers incurring liabilities which are not covered by their professional indemnity insurance, resulting in a risk of professional misconduct and detriment to lay clients. One would give the solicitor absolute discretion about when the barrister should be paid, which could lead to financial hardship for the barrister unless proper safeguards were agreed.”
Specific guidance from the Bar Council is available on the fees collection page of www.barcouncil.org.uk.
Profession
Solicitors are being urged to negotiate alternative terms with barristers, following the introduction of the Bar’s new standard contractual terms.
Update from the Chair of the Bar
By Clement Cowley, Partner at The Penny Group
Modernising communication and collaboration at a leading Chancery set. A Zexi case study
How to build profile without compromising professional duties. By Naumaan Farooq, Co-Founder of Inked PR
Marie Law, Director of Toxicology at AlphaBiolabs, examines the role of cut-off levels, and the wider range of factors that must be considered when interpreting results for family court proceedings
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
A decade of reviews and research has disrupted accepted thinking in the search for causality. Suicides following abuse have overtaken domestic homicides. Is the law keeping up? Professor Susan Edwards KC (Hon) examines recent cases and the obstacles to successful prosecution
The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Lauren Fullerton examines the how, what and why of setting up a second chambers base
