Chair's Column

Checks and balances

The Government’s “chilling” judicial review reforms revive a centuries-old debate on the balance of power; the future of education and training at the Bar; and a way forward on criminal legal aid.

14 May will mark the 750th anniversary of the battle of Lewes, when Simon de Montfort and his fellow barons defeated Henry III and captured not only Henry, but also Henry’s son, the future Edward I.

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Who we are

The Bar Barometer and the growing diversity of the Bar; the changing face of, and the debts incurred during, pupillage; the Criminal Justice and Courts Bill; and an eventful time on the South Eastern and Wales and Chester Circuits.

The publication in February of the Bar Barometer is an opportunity to look at who we are. We already know that the Bar is a profession of advocates and specialist advisors who are committed to the values encapsulated in the Bar Council’s strapline: integrity, excellence and justice. But the hard figures in the Bar Barometer confirm that the Bar is also a growing and, contrary to clichéd stereotypes, increasingly diverse profession. So, for instance, the number of practising barristers continues to increase, to 15,585 in 2012, including 12,680 at the self-employed Bar.

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Truth and Power

The necessity for Government to heed history and recognise the limits of its powers; the Bar’s three year engagement with the Government on fees; the value of the Fees Collection Office; and the International Rule of Law lecture.

One thousand years ago, on 3 February 1014, Sweyn Forkbeard died and was succeeded by his son, Canute. After a few years spent securing his position as King of England, Canute went on to reign until 1035. Historians agree that he ruled well but, as often happens with public figures, he is remembered today for one thing only – the day he commanded the tide not to come in.

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Here to stay

The history of the profession; its fine record on social mobility; the pro bono work by its members; abolishing the Legal Services Board; the Jeffrey Review; legal aid cuts; and the long term future of the profession.

The first recorded reference to a barrister, in the Black Books of Lincoln’s Inn, dates from 1466. Our profession has survived the Wars of the Roses, the Civil War and the Glorious Revolution, and remains an important part of our justice system, and one we should be proud of. This is well understood by barristers and judges, but is not always understood in Westminster and in the corridors of government. It is our task to keep driving this message home.

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A look to the future

As the year in office draws to a close, final reflections both on how difficult these twelve months have been for the Bar, and on how much there is for all in the profession to be proud of and to fight for.

Contributor
Maura McGowan QC, Chairman of the Bar

2013 has been, as everyone keeps telling me, a very difficult year. We have seen the implementation of LASPO, which has denied legal aid to very many vulnerable people seeking to enforce or defend their rights in family, housing, employment and immigration cases. It has seen two consultations on legal aid funding for criminal work which demonstrate a stubborn commitment by the Ministry of Justice to cut fees, irrespective of the damage done to a legal profession which is the envy of the world, and in total defiance of the fact that fees in some areas of crime have already been cut by 40%. These cuts are planned against a background in which the legal aid spend in crime was £1.1 billion in 2011 and has since fallen to £0.9 billion in 2012. Of course, nobody can depend on the fact that the rate of crime will continue to fall but a very substantial part of that saving has been achieved by the previous cuts in fees. That is being ignored. We continue to argue the case as vigorously as we can.

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A proud profession

Addressing lazy journalism; recognising what really motivates members of the Bar; looking at the pro bono work carried out on all fronts by so many; and the need for wider understanding of this contribution by all, especially the Government

Contributor
Maura McGowan QC, Chairman of the Bar

On a cold, wet, miserable winter’s evening at the beginning of the year I set off to a seminar on legal rights for disabled people in a slightly musty community centre opposite Pentonville Prison. I was slightly depressed by yet another tabloid rant about “fat cat” lawyers living off the “gravy train” that is the legal aid budget. I arrived to find that the event was sponsored by one set of chambers and was being addressed by a barrister from another set. It was a perfect example of the total breakdown between the fact and the lazy journalism that provides the fiction.

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A fond farewell

A reflection on the extraordinary achievements of the outgoing Lord Chief Justice, Lord Judge

Contributor
Maura McGowan QC, Chairman of the Bar

A standing ovation in the court of the Lord Chief Justice is a rare phenomenon. But it happened spontaneously, and with genuine warmth, at the valedictory ceremony for the outgoing incumbent, Lord Judge. The court was packed and places had been available by invitation only. If the proposed broadcasting of the proceedings in the Court of Appeal had been in place, it would have been a marvellous occasion to have captured for posterity.

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An inspiration to us all

On the occasion of his retirement, a look back at the inspirational career of Sir Sydney Kentridge KCMG, QC and the example he has set in preserving and protecting the Rule of Law

Contributor
Maura McGowan QC, Chairman of the Bar

November 1922 saw a number of very significant events: the Ottoman Empire ended, Howard Carter discovered the tomb of Tutankhamen and Sydney Kentridge was born in Johannesburg.

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Now is the time for a total review

Defending the profession; resisting cuts that will destroy access to justice for all; understanding the value of our justice system in a civilised society; and amidst all the proposed changes, the need to establish a Royal Commission to carry out a full, independent review

Contributor
Maura McGowan QC, Chairman of the Bar

Barristers are such an easy target. Trite sneers are instantly available to the disappointed litigant, failed pupil or populist politician. We are “fat cats” sitting in “Georgian terraces” bleating about the “racket” coming to an end. The natural response of the practitioner to these comments is anger and frustration.

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Pupillage - the way ahead

Government legal aid proposals; the shrinking effect on the Bar and on pupillages available; the need for a solution to the pupillage crisis; and one possible answer

Contributor
Maura McGowan QC, Chairman of the Bar

The autumn of 2013 will see Government proposals which may bring about the greatest changes to the provision of legally aided representation in criminal cases since the introduction of public funding for those accused of crime. The last two years have seen the most fundamental reduction of legal aid provision in family and general civil work since the introduction of legal aid in 1948.

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