Chambers

Names: Mark Ellison QC and Martin Secrett
Positions: Criminal/Fraud Silk and Senior Clerk
Chambers: QEB Hollis Whiteman 

Name: Timothy Scott QC     Position: Family Law Silk 

Name: Laura Heaton            Position: Family Law Barrister / Finance Director 

Chambers: 29 Bedford Row 

Belle Turner reports on the recent YBS seminar “All Change? Or not? For the Young Bar”.  

At this time of great change at the Bar there is some concern as to whether young barristers at a grassroots level are engaged with the potentially career-changing decisions that senior members of chambers may be taking on behalf of their members. There is no small irony that, as a young barrister in a set wishing to become a Legal Disciplinary Practice (“LDP”), for example, the senior members of chambers may profit considerably from the work of the juniors for many years before the juniors themselves benefit. There is a sense in many of the emails which I receive that this wasn’t what people signed up for. 

The Legal Services Act has dramatically reformed the regulatory landscape for barristers, allowing practise in new business structures
alongside other barristers, legal professionals and nonlawyers. 

There is a real possibility that new areas of work can now flow directly into the Bar, believes Nick Green QC 

THE Bar Council, the Approved Regulator for barristers in England and Wales, has appointed Toby Craig as its first Head of Communications. 

THE Chairman of the Bar, Nicholas Green QC, has called for the Bar to continue to modernise as it enters a new era of legal services provision. Speaking at a meeting of the All Party Parliamentary Group for Legal and Constitutional Affairs in the House of Lords, Nick Green QC will set out the challenges facing the Bar following the implementation of the Legal Services Act and outlined how the Bar is responding. The meeting, entitled The Legal Services Act: Opportunities for Consumers and Professionals, was chaired by Lord Brennan QC. David Edmonds, the Chairman of the Legal Services Board, and Bob Heslett, the President of the Law Society, addressed the group alongside Nicholas Green QC. 

Speaking ahead of the meeting, Chairman of the Bar, Nicholas Green QC said: 

‘The Bar Standards Board took a historic decision in November 2009 to change the Bar’s practice rules. If these changes are approved by the Legal Services Board, barristers could take advantage of new structures to deliver specialist advisory and advocacy services and to work in partnership with other providers of legal services. The Bar is currently facing huge regulatory as well as market
challenges. In order to continue to provide services which clients and consumers continue to need, the Bar needs to adapt its business model and consider new ways of working. I am confident we can do this. Indeed, it is clear to me that many Chambers are already well advanced in their plans for change. The Bar Council has been running a series of nationwide road shows about the future of the profession in the new regulatory environment. Taking account of the feedback we have received from practitioners up and down the country, we expect shortly to provide guidance on options for change for Chambers to consider and adapt as they see fit to suit their own needs and circumstances.The feedback we have receiving from the profession has been enormously positive. It is clear that many barristers, particularly those with publicly funded practices which are under considerable financial pressure from planned cuts in legal aid, are eager to develop their business models. Many chambers are developing innovative new models of practice.’ 

Nick Green QC explains why the Bar Council is preparing to commence judicial review proceedings against the government 

Throughout January and early February I visited a number of cities in England and Wales (Cardiff, Winchester, Leeds, York, Birmingham and Manchester) and spoke to nearly 1,000 members of the Bar at the road shows. I have also visited over 30 sets of chambers and had conversations with numerous clerks and practice managers. The process is ongoing and I am planning further visits to chambers over the next few months. I am very grateful for the warm welcome that I have received. The exercise has been extraordinarily informative in enabling me to obtain a more precise and educated view of the day-to-day problems of the Bar. 

Name: Chris Owen 

Position: CEO 

Chambers: St Philips 

The Bar Standards Board has recently published a consultation paper on proposals for revisions to barristers’ practising arrangements. In particular the paper covers: 

1. The introduction of an authorisation to practise regime;
2. The regulatory arrangements for barristers who do not have full practising entitlements; and
3. The relationship of the above to the Barristers’ Register 

Section 13(2) of the Legal Services Act 2007 states that a person is entitled to carry on a reserved legal activity where the person is an authorised person in relation to that activity. Reserved legal activities are: 

1. The exercise of a right of audience
2. The conduct of litigation
3. Reserved instrument activities
4. Probate activities
5. Notarial activities and
6. The administration of Oaths 

Authorisation to carry out these activities falls to the relevant approved regulator. The BSB must therefore have in place arrangements that explicitly grant barristers authorisation to undertake reserved legal activities. The consultation paper puts forward proposals for an authorisation to practise regime for barristers. It is proposed that the new regime would be introduced towards the end of 2011 so that it is in place for renewals at the start of 2012. Transitional arrangements will be required. 

The new regime will impact on all practising barristers and views are encouraged on both the broad principles of the proposals as well as the practicalities of how they might operate. 

The paper also explores options for the regulation of barristers without full entitlement to practise. This is an issue with a long and complicated history and views are sought on whether the proposed approach, as set out in the paper, is practicable and proportionate. 

A copy of the paper can be found on the BSB’s website (www.barstandardsboard.org.uk) The deadline for responses is 1 June 2010.