Practice Toolset

What are the functions of the Inns of Court in the 21st Century? Robert McCracken QC presents his case 

Perhaps the first and fundamental feature of the Inns of Court is that they are associations of members, and aspirant members, of a learned profession. The second is that they all have certain core facilities. These include a dining hall, library, garden, quiet courtyards and chambers for professional and residential use in a tranquil atmosphere removed from the noise and pollution of the metropolis outside. 

Fawcett’s Commission on Women and the Criminal Justice System recently published a report identifying institutional sexism in practice. Laura Prince considers their proposals to improve court proceedings, and to deal with the under-representation of women at the Bar and in the judiciary.  

Over the last five years Fawcett’s Commission on Women and the Criminal Justice System (“the Commission”) has examined the experiences of women as victims, offenders and workers in the criminal justice system (“CJS”). Their final report, Engendering Justice – from policy to practice, was published in May 2009. It concluded (p 7) that: “The experiences of women within the CJS provide countless examples of institutional sexism in practice through processes, attitudes, and behaviour which amount to discrimination which disadvantages women.” 

David Pittaway QC outlines how Inner Temple, working in conjuncture with the National Educational Trust, is making the Bar more accessible as a career path for school children.  

The Neuberger Report marked a step-change in the thinking of the Inns of Court as to how they should address the issue of access to the profession, as well as being the providers of education to Bar Vocational Course (“BVC”) students, pupils and new practitioners. For some years the Inns have run their own programmes, in an increasingly co-ordinated way, largely focussing on universities and providing substantial merit or means-tested scholarships or bursaries to give financial assistance to students whatever their background wanting to join the profession. 

Lord Justice Jackson has recognised the advantages of third party funding in his interim report on civil costs. The Bar needs to be aware of this mechanism, believes Timothy Mayer 

What happens if a professional complaint is made against you? Luke Blackburn explains how recent changes to Bar Mutual funding can assist.  

It will be one of the more worrying letters you will ever read, but if you receive a letter from the Bar Standards Board (“BSB”) seeking your comments on a complaint you don’t have to deal with it alone. The chances are that just the same bruising ordeal has been experienced by a number of barristers you know. 

A criminal barrister in his early 50s recounts how his life was turned upside down by a stroke, and offers some advice.  

It is 4.30am. I have to leave for court in four hours’ time. I can’t sleep, but it isn’t the imminent case that keeps me awake. My left arm has pins and needles. The sensation isn’t going away. In fact, it’s spreading to my leg. I put up with this for a long time, expecting it to stop. Then I settle for hoping it will stop, until eventually my wife is dragged from sleep by my increasing restlessness. We debate the situation. I insist forcefully that I’m fine to go to court, but it turns out that I can’t walk. I can’t even stand unsupported. By now, my entire left side is alive with strangeness, yet oddly dead. We agree that the court had better wait. Soon afterwards I am in A&E. Our lives are changing irrevocably as the minutes pass. The Acute Stroke Ward beckons, and my family and I enter uncharted territory. 

A criminal barrister in his early 50s recounts how his life was turned upside down by a stroke, and offers some advice.  

It is 4.30am. I have to leave for court in four hours’ time. I can’t sleep, but it isn’t the imminent case that keeps me awake. My left arm has pins and needles. The sensation isn’t going away. In fact, it’s spreading to my leg. I put up with this for a long time, expecting it to stop. Then I settle for hoping it will stop, until eventually my wife is dragged from sleep by my increasing restlessness. We debate the situation. I insist forcefully that I’m fine to go to court, but it turns out that I can’t walk. I can’t even stand unsupported. By now, my entire left side is alive with strangeness, yet oddly dead. We agree that the court had better wait. Soon afterwards I am in A&E. Our lives are changing irrevocably as the minutes pass. The Acute Stroke Ward beckons, and my family and I enter uncharted territory. 

Khadija Ali and Lynne Townley explain the background to the Forced Marriage (Civil Protection) Act 2007 and consider what all sectors are doing to tackle the problem.  

Since the murder of Heshu Yones in 2002, the issue of forced marriage and other forms of honour based violence have been the source of media attention and more significantly that of the Government which brought the Forced Marriage (Civil Protection) Act 2007 into effect on 25 November 2008. 

HD Lodge looks at practical ways for counsel to organise and work online, and how to avoid professional difficulties.  

There is a man called Patrick on Facebook™*. He purports to be a barrister and offers legal “advice” for £6 (six pounds sterling) a time. None of us would compete with him on price; but each of us must adapt to the technology he uses. 

Alexander Learmonth and Adam Baradon consider what the proposed new structures for chambers will mean for future recruitment to the Bar.  

The Legal Services Act 2007 opened the door to barristers practising in partnership with one another (BOP) or with other legal professionals in a Legal Disciplinary Partnership (LDP). The Bar Standards Board consultation on this ended  on 1 March 2009. It focused on the competition law aspects. The Law Society has already started accepting applications from solicitors’ firms who wish to include non-lawyer managers or to become “recognised bodies” and 14 LDPs officially came into being on 31 March 2009.