Barristers

The obligation on barristers to notify clients of their right to complain to the Legal Ombudsman is more a marketing opportunity than a burden, the Legal Services Board has said. Meanwhile, the LSB reaffirmed that its policy on providing complaints information at the time of engagement will stand, despite a number of concerns raised by the Bar Standards Board.

The Bar Standards Board has fulfilled its side of the deal struck with the Legal Services Board over its lay/professional composition, with four new members taking office this month. There is now an equal number of lay and professional members ahead of a lay majority being in place after further changes next year. Later this year the Solicitors Regulation Authority will also move to parity before a lay majority is appointed for 2013.

The three main professional bodies have all set out their stalls against lawyers being “named and shamed” if found guilty by the Legal Ombudsman (LeO) of providing an inadequate service. The Bar Council has this week joined the Law Society and Institute of Legal Executives in criticising the idea.

The Legal Services Board is explicitly threatening the Solicitors Regulation Authority, Bar Standards Board and ILEX Professional Standards with using its formal enforcement powers for the first time over their quality assurance for advocates scheme, Legal Futures can reveal. The regulators have branded the move as neither “helpful nor necessary”.

Barristers going into competition with solicitors to offer litigation services could reduce costs and make services “more efficient for consumers through packaged delivery”, the voice of legal consumers has said. The Legal Services Consumer Panel also backed the Bar Standards Board as the sole regulator of advocacy services.

The Solicitors Regulation Authority and the Bar Standards Board are set to launch a “legal services stakeholder network”, to give the public a direct say in how legal services are regulated, Legal Futures can reveal.

Barristers should be allowed to give their own opinions to the media in cases in which they are involved, the Bar Standards Board is to recommend. It is also set to introduce the term “unregistered barrister” to denote a barrister without a practicing certificate who is providing unreserved legal services to the public or small businesses.

The Bar’s regulator has blasted the Legal Services Board for not doing enough to avoid the risk of abuse by solicitors of lawyer-to-lawyer referrals – and warned that they may fall foul of the 2010 Bribery Act.

All workers at law firms and chambers will be asked whether they are straight, gay or bisexual, about their parents’ educational background and what kind of school they attended as part of the Legal Services Board’s push to improve transparency about diversity in the legal profession.

Sam Stein and Oliver Hanmer of the Bar Standards Board outline the theory and practice behind the new system of chambers monitoring, and the tangible benefits barristers will see from it, including a reduced oversight burden from others

Concerns over a worsening diversity picture at the Bar have prompted the Bar Standards Board to consider making aspects of its guidelines on diversity mandatory. The news came as research published by the Law Society showed that significant obstacles still face women and ethnic minorities in accessing the upper reaches of the solicitors’ profession.

Growing student debt means the length of time would-be lawyers spend studying needs to shrink, the chairman of the Legal Services Board has declared. David Edmonds also floated the idea of adopting the accountants’ training model, in which professional training takes place during full-time employment, while appearing to throw cold water on the idea of aptitude testing for students before they begin postgraduate legal education.

The three biggest legal regulators have set out the terms of their two-year joint review of education and training. The review – being undertaken by the Solicitors Regulation Authority, the Bar Standards Board and ILEX Professional Standards – will examine the educational requirements placed upon individuals entering the sector and their regulatory function.

The Bar is “out of step” with fellow regulators over its operation of the criminal standard of proof in its disciplinary tribunal, a Bar Standards Board meeting in London was told yesterday, potentially causing problems with the admissibility of regulators’ disciplinary findings in the post-ABS world. Meanwhile, the board also argued about the strength of the disciplinary sanction for failing to meet continuing professional development requirements.

Legal Services Board (LSB) chairman David Edmonds will tomorrow back a review of legal education and training but warn that he expects it to be far-reaching, Legal Futures has learned. However, we understand that the LSB had originally planned to conduct the review itself, but has been persuaded to let the Solicitors Regulation Authority, Bar Standards Board and ILEX Professional Standards take the lead under the LSB’s oversight.