Profession

Rhys Taylor, a barrister at 30 Park Place, Cardiff, explains how BARCO has worked for him.  

Sitting on my desk early last year was a print out from Carol Harris, with 13 attachments relating to something called BARCO, the new Bar Council escrow account. 

David Barnes, former Chairman of the IBC and Chief Executive of 39 Essex Street, offers a clerk’s view of BARCO.  

Under rules rC73, rC74 and rC75 of the new Bar Handbook, formerly known as rule 407 of the old Code of Conduct, the handling of client money is strictly prohibited for any barrister practising in England and Wales. But what does this mean to practitioners and their clerks in everyday terms? Well, simply put, whilst there are some exceptions, if the client has any rights to have any funds refunded which have been unspent, then you are handling client money. Avoiding this pitfall can be cumbersome and sometimes lead to you taking adverse credit risk or, even worse, losing new business, something none of us can afford in this climate. 

Our legal system is meant to be the envy of the world. Matthew Scott talks to Nigel Lithman QC about his battle to save the criminal justice system.  

Nigel Lithman QC, this year’s chairman of the Criminal Bar Association, is fighting what he believes to be a battle for the survival of a respected criminal justice system. What is more it is a battle that is having to be conducted on at least two fronts. 

Stephen Crowne, Chief Executive of the Bar, explains the new Bar Representation Fee and the works that it funds.  

I would guess that if you were asked to identify the highlights of your year, renewing your practising certificate wouldn’t even feature on a long-list. But it is vital to protect and safeguard the infrastructure which allows the Bar to continue to practise and develop. We want to make that process as smooth and as easy as we can for you, and to explain clearly what the money is for, and the value it provides. 

Adam Sampson explains the business case for good complaint handling...Not just because the regulatory rule book tells you to.  

Common sense tells me that taking complaints seriously, and striving for reconciliation when clients are unhappy with a service, is good for reputation. We are all consumers in one way or another, so we know that when, for instance, our energy provider tries to diddle us with a bill written in hieroglyphics, we will probably tell our friends and family to steer clear of them. That is, of course, unless they attempt to put their mistake right when we raise the issue. 

David Wurtzel talks to Nicholas Lavender QC, incoming Chairman of the Bar, about his new role and his plans for his year in office.  

When I asked the 2014 Chairman of the Bar Council, Nicholas Lavender QC, why he wanted to be Chairman, he said, “For me, it was the culmination of a career involved in Bar politics.” He has combined this career with a busy practice in commercial work in which he specialises in actions for and against banks in negligent advice cases. As a former Chairman of the Professional Practice Committee, there can be few who better understand the ethical issues which face the profession. Noting that he is a member of the Yorkshire County Cricket Club and of the MCC, it would be fair to say that both literally and metaphorically, he plays with a straight bat. 

David Nolan SC and Mark Mulholland QC report for Counsel on the First Joint Meeting of the General Council of the Bar of Ireland & the Bar Council of Northern Ireland  

"May I add to my farewell my hope and prayer that the Bar of Ireland whatever may befall, hitherto united as one body, inspired with fraternal loyalty to their fellows will continue to transmit their fine traditions, and that Bar and Bench together will never fail to preserve and uphold the lofty standard of their predecessors, so honoured by us all for learning, independence and courage.” (Bencher’s Minute Book 1917 – 1928 p 135. 13 April 1921). 

From the beginning of January 2014 barristers will take control of their own Continuing Professional Development. Oliver Hanmer explains the new system and examines the effect of this small but important change on the working lives of barristers.  

A seemingly small but strikingly significant change to barristers’ working lives happened this month. Amid the flurry of activity that the New Year brings, barristers will be forgiven for failing to notice a real break with an annual tradition. This year, for the first time, no-one will have received the regulator’s reminder for barristers to complete and return their Continuing Professional Development cards. And that is because, this year, the Bar Standards Board (BSB) is not requiring barristers to send them in for inspection. 

Thomas Ogg explains how to navigate the route safely.  

Not many barristers have opened a Free School, but I’m one of them: I’m chair of governors of the East London Science School, which opened in September 2013. Consequently, I have a good idea of the potential legal pitfalls of setting up a free school, and the extent to which this will generate work for lawyers. 

This year’s Bar Conference was held on 2 November 2013 at Westminster Park Plaza.  Counsel reports back.  

Just a stone’s throw from the Palace of Westminster, over 550 barristers, clerks, practice managers, law students, journalists and interested observers gathered to take stock of a frenetic, and often bruising, year for the profession. But they also gathered to learn and discuss how to face up to the challenges of the future. 

A lively opening keynote session featured a welcome from Conference Chairman, Saba Naqshbandi, the Chairman of the Bar’s address and a keynote speech from one of the leading advocates of his generation, and polymath, Lord Pannick QC.