*/
Profession
Self-employed barristers will be able to conduct litigation work and form associations with non-barristers from January 2014, under Bar Standards Board (BSB) plans to “liberalise” the profession.
The rule changes form part of the new Handbook, submitted to the Legal Services Board for approval in May. The Handbook seeks to create a more “fluid model” of regulation which would allow barristers to develop “innovative ways of delivering legal services”. In a departure from the current Code, it sets out a list of key outcomes – explaining what the Rules are designed to achieve and helping the regulator assess a potential breach.
Lifting the litigation ban, the BSB said, would increase consumer choice by encouraging the growth of “one-stop-shops” and lower cost legal services to be provided. Barristers will also be able to pool risk and resources, once rules preventing self-employed barristers from sharing premises and forming associations with non-barristers are removed.
The cab rank rule and the ban on referral fees are retained. It also sets out new regulatory powers for the BSB to disqualify non-authorised employees from working for BSB-authorised individuals or businesses. The core duties will also apply to unregistered barristers providing legal services and the maximum fine for breaching the rules will be increased from £300 to £1,000. Barristers will be required to self-report and report others only in relation to “serious misconduct”.
Proposals requiring barristers to withdraw from cases where a client refuses to reveal previous convictions to the court were dropped and replaced with a general duty not to mislead the court, following criticisim from the majority of the 38 respondents to the consultation, which ran from March to June 2012.
The BSB is also applying to the LSB to regulate non-ABS entities, ie, barrister-only entities (BoEs) and legal disciplinary partnerships (LDPs), which it hopes to be able to do from January 2014, and to become a licensing authority for ABS entities later in 2014. At present, only the Solicitors Regulation Authority and Council for Licensed Conveyancers (CLC) can regulate LDPs. A programme of roadshows and training will start in September to ensure that the Bar is familiar with the major changes before launch.
The rule changes form part of the new Handbook, submitted to the Legal Services Board for approval in May. The Handbook seeks to create a more “fluid model” of regulation which would allow barristers to develop “innovative ways of delivering legal services”. In a departure from the current Code, it sets out a list of key outcomes – explaining what the Rules are designed to achieve and helping the regulator assess a potential breach.
Lifting the litigation ban, the BSB said, would increase consumer choice by encouraging the growth of “one-stop-shops” and lower cost legal services to be provided. Barristers will also be able to pool risk and resources, once rules preventing self-employed barristers from sharing premises and forming associations with non-barristers are removed.
The cab rank rule and the ban on referral fees are retained. It also sets out new regulatory powers for the BSB to disqualify non-authorised employees from working for BSB-authorised individuals or businesses. The core duties will also apply to unregistered barristers providing legal services and the maximum fine for breaching the rules will be increased from £300 to £1,000. Barristers will be required to self-report and report others only in relation to “serious misconduct”.
Proposals requiring barristers to withdraw from cases where a client refuses to reveal previous convictions to the court were dropped and replaced with a general duty not to mislead the court, following criticisim from the majority of the 38 respondents to the consultation, which ran from March to June 2012.
The BSB is also applying to the LSB to regulate non-ABS entities, ie, barrister-only entities (BoEs) and legal disciplinary partnerships (LDPs), which it hopes to be able to do from January 2014, and to become a licensing authority for ABS entities later in 2014. At present, only the Solicitors Regulation Authority and Council for Licensed Conveyancers (CLC) can regulate LDPs. A programme of roadshows and training will start in September to ensure that the Bar is familiar with the major changes before launch.
Profession
Self-employed barristers will be able to conduct litigation work and form associations with non-barristers from January 2014, under Bar Standards Board (BSB) plans to “liberalise” the profession.
Chair of the Bar reports back
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
Marie Law, Director of Toxicology at AlphaBiolabs, outlines the drug and alcohol testing options available for family law professionals, and how a new, free guide can help identify the most appropriate testing method for each specific case
By Louise Crush of Westgate Wealth Management
Marie Law, Director of Toxicology at AlphaBiolabs, examines the latest ONS data on drug misuse and its implications for toxicology testing in family law cases
A career shaped by advocacy beyond her practice, and the realities of living with an invisible disability – Dr Natasha Shotunde, Black Barristers’ Network Co-Founder and its Chair for seven years, reflects on a decade at the Bar
The odds of success are as unforgiving as ever, but ambition clearly isn’t in short supply. David Wurtzel’s annual deep‑dive into the competition cohort shows who’s entering, who’s thriving and the trends that will define the next wave
Where to start and where to find help? Monisha Shah, Chair of the King’s Counsel Selection Panel, provides an overview of the silk selection process, debunking some myths along the way
Do chatbot providers owe a duty of care for negligent misstatements? Jasper Wong suggests that the principles applicable to humans should apply equally to machines
There is no typical day in the life as a Supreme Court judicial assistant, says Josephine Gillingwater, and that’s what makes the role so enjoyably diverse
