Profession

David Wurtzel talks to Peter Moffat, the screenwriter of the new BBC series Silk.  

Had he remained at the Bar, Peter Moffat at 48 might now be considering an application for Silk. Instead the BBC is screening his six-part series called Silk, about two 30-something barristers who have reached that turning point in their careers. Moffat is probably the most prolific screenwriter of criminal justice dramas and has two BAFTAs to attest to his success. 

Roger Smith OBE spells out what the consultation means for practitioners 

The legal aid cuts advanced by the consultation paper Proposals for the Reform of Legal Aid in England and Wales are so deep that they will force major change to the very structure of both branches of the legal profession. 

The aim of the BSB’s new chambers’ monitoring scheme is to help chambers comply with their regulatory requirements. Sam Stein QC and Oliver Hanmer talk to David Wurtzel about the issues raised so far.  

Sam Stein QC, Chairman of the Quality Assurance Committee of the Bar Standards Board (“BSB”) since January 2010, sees his role as one in which he is helping the Bar by enabling it to comply with the world of modern regulation. 

Andrew Neish QC believes there is evidence to suggest that the Commercial Bar has a tendency to select applicants like themselves, an academic elite. 

In order to extend access to the Bar, COMBAR’s Equality and Diversity Committee have mooted a Wild Card Scheme. The aim is to unearth potentially outstanding and unusual applicants who would otherwise have no prospect of being selected for pupillage interviews 

BLAGG provides both a social group and a support network for gay barristers. It also campaigns for equal rights, writes Christopher Rogers.  

Unlike other minorities it is not immediately apparent whether someone is gay. Most minorities, whether women, ethnic minorities or the disabled, have spent decades battling for equal access to the Bar, whereas there have always been large numbers of gay barristers; the difficulty many have faced is in being comfortable being open about their sexuality. 

Mind set up an expert advisory group to assist with drafting the toolkit. Rachel Spearing, a member of the Bar Council’s Disability Committee, explains her involvement and the background to the project 

In May 2009 the Bar Council’s Disability Committee were approached by Mind, the mental health charity, who were seeking a delegate to join their working party in drafting a toolkit to assist prosecutors and advocates dealing with victims/defendants suffering from mental distress. This was to become the first mental health toolkit for prosecutors and advocates to be jointly funded and produced by the CPS, the Law Society and the Bar Council. The aim was to provide legal professionals with a better understanding of the issues surrounding mental distress, the impact such conditions can have on the validity and accuracy of a person’s evidence and what support can be provided to help a witness give their best evidence and be supported through the process. 

The new Chairman of the Bar Council intends to pass on to his successor a Bar which has got through the difficulties and is ready to flourish, finds David Wurtzel.  

If every elected leader needs a “narrative”, then Peter Lodder QC, the new Chairman of the Bar, has one and it is straightforward: “Perhaps because I have been fortunate in my own career, I am an optimist and I continue to be an optimist. I intend to pass on to my successor a Bar which has got through the difficulties and is ready to flourish.” As for those seeking to enter the profession, it is imperative “to make sure there is a good, successful future for them. There was one for me when I came to the Bar; there should be one for them. It is something I hold dearly.” 

Bobbie Cheema and Sarah Perry discuss the forthcoming Advocacy Training Council Report on Vulnerable Witness, Victim and Defendant Handling 

The manner in which the vulnerable are treated in our court system is a mark of how civilised a society we are. 

The Advocacy Training Council (“ATC”), which oversees advocacy training for the Bar of England and Wales, is shortly to publish its Report on Vulnerable Witness, Victim and Defendant Handling. It is the first major research project in England and Wales to focus specifically on how best to train barristers in handling the most vulnerable people in court, whether witness or defendant, and whether vulnerable by reason of youth, learning disabilities or a mental health diagnosis. 

David Wurtzel believes that the guidance given by the Court of Appeal in R v M and W on questioning young witnesses has muddied its own message 

The conclusion by “Raising the Bar” (the report by Advocacy Training Council’s Vulnerable Witnesses and Defendants Handling Group) that there is a “clear and pressing need for training for advocates in how best to handle vulnerable people in Court” is more momentous than might first appear. The concept of the “vulnerable witness” goes back to 1998 and the Home Office report, “Speaking up for Justice”. 

Carl Teper mourns the loss of Rosie Samwell-Smith, Principal Lecturer and Director of the Bar Vocational Course at the Inns of Court School of Law.  

Rosie Samwell-Smith (Mrs Rosie Keane), who died in October 2010, was formerly Principal Lecturer and Director of the Bar Vocational Course at the Inns of Court School of Law (“ICSL”), which is now The City Law School.