Chair's Column

Two hundred years ago, on the night of 12/13 September 1814, British troops attacked the city of Baltimore and British ships bombarded the city’s defences, especially Fort McHenry.  

The unsuccessful attack inspired a Baltimore lawyer, Francis Scott Key, to write a poem on the following day. 

Remembering the start of the Great War; the recent progress made in preserving criminal advocacy; reviewing business models; LASPO and the LAA figures; and an inquiry into the role of the Lord Chancellor.  

The Great War began, for this country, on 4 August 1914, which must rank as one of the saddest days in our history, given the levels of death and destruction which followed. Although described by some as the war to end all wars, it was followed, only 25 years later, by the Second World War, which the United Kingdom entered on 3 September 1939. 

With the 60th anniversary of the YBC, reflections on past battles for the Bar; the history behind the formation of COMBAR and the introduction of BARCO; the urgent need  for a recorder competition; Magna Carta; and weathering the storms in the fight for justice.  

In recent weeks I have attended two birthday celebrations, one marking the 60th anniversary of the Bar Council’s Young Barristers’ Committee (YBC) and the other the 25th anniversary of the Commercial Bar Association (COMBAR). Each gave cause to reflect on the unhappy circumstances in which a now flourishing organisation was formed. The YBC was formed in 1954, in the aftermath of the report of a committee chaired by the Master of the Rolls, Sir Raymond Evershed. That report, while conceding that the junior Bar  were underpaid for important parts of  their work,  recommended a number of reductions in counsel’s fees. At a time when the Bar was declining in numbers, it is no surprise that fears were expressed for its survival. 

The findings of the Joint Committee on Human Rights on the implications for access to justice of the Government’s proposals to reform judicial review; the publication of the Jeffrey Review; and facing challenges with resilience and determination.  

It is 700 years since Edward II’s army was defeated by Robert the Bruce at Bannockburn, on 23-24 June 1314. At school, we were taught that Robert was inspired to overcome early setbacks in his career by a spider who refused to give up. The spider is now thought to have been an invention, probably by Sir Walter Scott, but his inspiration remains a valuable one for advocates, who often have to display persistence in the face of adversity if a case is to be properly presented. That is certainly true at present of the case for preserving access to justice in criminal, family and civil cases. 

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. 

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. 

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. 

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.  

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. 

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.