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“A rational approach” to regulation of the legal profession was called for by the President of the Supreme Court, Lord Neuberger of Abbotsbury, in a speech to the Bar Councils of Northern Ireland and Ireland on 20 June.
Hoping for regulation that will “become more realistic and less expensive”, he suggested a “single regulatory body for legal services with a number of discrete divisions: litigation, advocacy and advisory”.
This may “provide further impetus towards a de facto fusion of the legal profession” and although he would “regret” fusion, neither was he speaking against it. “A fearless, independent and outspoken group of specialist advocates can exist and thrive perfectly well within a larger, single legal profession,” he said. The Association of Trial Lawyers of America “is every bit as effective as the Bar Council in England”.
Lawyers “must ensure that their services are provided as cheaply as is consistent with their other duties – at least when they are acting for ordinary people whether or not they are relying on government funding”.
Lawyers and judges must always stand up for “an irreducible acceptable minimum of competence” and he had further advice for both. “If I ever had a mission statement for the Supreme Court, which I certainly will not, it would be to ensure that the law was as simple, as clear and as principled as possible.” Appellate advocates have a role here too: shorter written cases and more focused oral submissions.
In contrast, Bar Standards Board Chair Baroness Deech argued the case for specialist regulation in a speech to the International Legal Regulators Conference on 8 July: “A glance at the study of the financial market and its collapse, or at health care, shows only too clearly that the small expert regulator is now seen as doing a better job.”
By the time a super-regulator was set up, which “would immediately [require] three subcommittees – one for advocacy, one for litigation, one for transactions... the expertise and familiarity of the existing regulators would have been lost, with consequent risk to... international reputation,” she added.
This may “provide further impetus towards a de facto fusion of the legal profession” and although he would “regret” fusion, neither was he speaking against it. “A fearless, independent and outspoken group of specialist advocates can exist and thrive perfectly well within a larger, single legal profession,” he said. The Association of Trial Lawyers of America “is every bit as effective as the Bar Council in England”.
Lawyers “must ensure that their services are provided as cheaply as is consistent with their other duties – at least when they are acting for ordinary people whether or not they are relying on government funding”.
Lawyers and judges must always stand up for “an irreducible acceptable minimum of competence” and he had further advice for both. “If I ever had a mission statement for the Supreme Court, which I certainly will not, it would be to ensure that the law was as simple, as clear and as principled as possible.” Appellate advocates have a role here too: shorter written cases and more focused oral submissions.
In contrast, Bar Standards Board Chair Baroness Deech argued the case for specialist regulation in a speech to the International Legal Regulators Conference on 8 July: “A glance at the study of the financial market and its collapse, or at health care, shows only too clearly that the small expert regulator is now seen as doing a better job.”
By the time a super-regulator was set up, which “would immediately [require] three subcommittees – one for advocacy, one for litigation, one for transactions... the expertise and familiarity of the existing regulators would have been lost, with consequent risk to... international reputation,” she added.
“A rational approach” to regulation of the legal profession was called for by the President of the Supreme Court, Lord Neuberger of Abbotsbury, in a speech to the Bar Councils of Northern Ireland and Ireland on 20 June.
Hoping for regulation that will “become more realistic and less expensive”, he suggested a “single regulatory body for legal services with a number of discrete divisions: litigation, advocacy and advisory”.
Far-ranging month for the Chair of the Bar
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
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
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
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Switching from a physical blue book to OneNote is simple, secure and game-changing, says Elizabeth Bowden – you’ll wonder how you managed without it...
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett