Barristers

There has been a rise in the number of female QCs, but a massive mismatch with the number of women at the Bar remains, figures released today have shown. The “Bar Barometer also shows the extreme difficulties black and minority ethnic (BME) students have in securing pupillages.

Barristers are increasingly instructing “fairly litigious” solicitors and other counsel to defend them in disciplinary proceedings, but to little effect, the Bar Standards Board has said. The BSB was still successful in 91% of cases referred for disciplinary action in 2010.

Regulators of alternative business structures could expose consumers to risk if they demand an overly high standard of proof in disciplinary hearings, the Legal Services Consumer Panel has warned. Meanwhile, the Bar Standards Board is to consider switching to a civil standard of proof.

The Legal Services Board (LSB) has shown a lack of understanding and judgement, and an unwillingness to listen to the approved regulators, the Bar Council has claimed. The Bar Council also expressed surprise at plans to increase LSB staff costs at a time of public sector cuts – saying it should take a “Big Society” approach to its work – and also questioned whether the board is overextending its remit.

The Bar Standards Board last night delayed the introduction of an aptitude test for asprising bar students – which it had hoped to do this year – by 12 months. The test assesses analytical and critical reasoning, and fluency in the English language.

Our latest round-up of other news of interest to Legal Futures readers includes a survey of among larger firms about ABS intentions, a lay majority on the BSB, women lawyers convinced male colleagues are paid more, good news for a big LPO provider and much more.

The government is encouraging barristers to proceed “full steam ahead” with plans to compete with solicitors’ firms for legal aid block contracts, it has emerged. Peter Lodder, chairman of the Bar Council, also revealed that a government consultation on competitive tendering for legal aid contracts could be launched as early as the end of May.

Frontline regulators are letting down consumers by failing to collect information on how lawyers are handling complaints, a review by the Legal Services Board has concluded. This would make it difficult for them “to identify systemic issues and adopt a targeted approach to regulation”.

Widespread doubts exist among barristers over aspects of the Bar Standards Board’s equality and diversity reforms, it emerged last week at a consultation event on proposed code of conduct rule changes, where concerns were raised over details of proposed monitoring requirements.

Lord Falconer, who as Lord Chancellor steered the Legal Services Act through Parliament, last week warned about the challenges alternative business structures provide for “the preservation of legal ethics”.

Four out of ten barristers’ chambers have flouted a regulatory requirement to notify lay clients of their rights to complain about poor service, amid a continuing furore over difficulties in complying with the scheme, it has emerged. Meanwhile, the Solicitors Regulation Authority has confirmed that solicitors are under no obligation to assist barristers in contacting clients directly in order to meet their obligations.

Two-thirds of barristers’ chambers which provide legal services to the Crown Prosecution Service are failing to meet equality and diversity standards, it has emerged in the first survey of its kind. Speaking at a Bar Standards Board event, Keir Starmer, the director of public prosecutions, said he supported the BSB’s desire to make its diversity rules obligatory.

Conveyancing, immigration advice, preparing wills and powers of attorney, and estate administration should all become reserved legal activities, a leading thinktank has recommended. However, the report from the Legal Services Institute – headed by Professor Stephen Mayson – says this work should not be the sole preserve of the legally qualified.

A London chambers has launched a website aimed at encouraging individuals, businesses and even the government to save “a lot of money” by instructing its immigration barristers directly. It is one of the first efforts to actively market public access to the Bar.

Lord Justice Thomas is heading a new expert group to advise the Solicitors Regulation Authority, Bar Standards Board and ILEX Professional Standards on developing and operating the controversial quality assurance for advocates scheme, it has emerged. Meanwhile, the BSB has hit out again at the Legal Services Board’s “unhelpful and ill-timed” intervention over the scheme.