Legislation

The BSB has recently published a consultation paper on its proposals for revisions to barristers’ practising arrangements. Charles Hollander QC and Sarah Brown outline the key themes and explore the challenges ahead.  

The Legal Services Act 2007 (“the Act”) introduces into the regulatory arena the principle of authorisation to practise. In terms of the Bar, this requires new procedures which build upon and extend the current practising certificate regime. The Bar Standards Board (“BSB”) has recently issued a consultation paper on its proposals for authorisation to practise arrangements. 

The Legal Services Board approves Bar Standards Board applications designed to relax provisions in Code of Conduct for barristers’ working practices 

Barristers can work in partnerships, attend police stations, conduct correspondence and investigate evidence under historic changes to the Bar’s Code of Conduct. 

They can also become managers of Legal Disciplinary Practices (“LDPs”); work in both a self-employed and employed capacity at the same time; hold shares in LDPs; share premises and office facilities with others; and investigate and collect witness statements and evidence. 

In 2009 the Commission launched its 5-year review of the operation of the Brussels I Regulation, 44/2001 on “jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”. The Commission is analysing the responses to last year’s consultation, including on the controversial issue of its application to arbitrations, on which it may seek further expert input. Given the complexities of the file, and the volume of competing work, the Commission is unlikely to issue a proposal this year, but should do in 2011.

Barristers and other interested parties are being asked for their views on how the Ministry of Justice should implement reforms to the coroners’ service. 

Responses will assist in the drafting of secondary legislation, with a final consultation to be held in 2011. 

Nick Green QC reflects on the issues that surround the implementation of the Legal Services Act 2007 

The main issues on the Bar Council agenda include several matters of enduring concern: legal aid fees (and the judicial review proceedings brought against the MoJ and LSC), the government’s decision to abolish the LSC and bring it into the MoJ as an executive agency, the implications of the Jackson Review of Costs, referral fees generally, and new business structures. I have continued to travel the country to speak at length to the Bar. So far I have visited about 50 chambers and given speeches to nearly 2,000 people. A very great deal of what I find myself doing is affected by the work being undertaken to implement the Legal Services Act 2007 (“the 2007 Act”). So, a few ongoing reflections. 

The Bar Council has been running a joint roadshow with the BSB to initiate a debate on the business implications and opportunities presented by the Legal Services Act 2007 and the BSB’s rule changes. Paul Mosson and Ariel Ricci report back.  

On 20 November 2009 the Bar Standards Board (“BSB”) announced decisions that have the potential to change the face of the Bar as we know it. While the BSB waits for these proposed changes to be approved by the Legal Services Board (“LSB”), the Bar Council put into motion a plan of action to begin educating and obtaining feedback from the profession. Last December, the Circuit Leaders, together with the Chairman of the Bar, Nick Green QC, and the BSB began scheduling a national roadshow to initiate a debate about how the profession can not only survive, but grow stronger and retain its unique attributes. 

The Bar Council has unanimously approved plans to give the Bar Standards Board (“BSB”) its own constitution, in a move which enshrines its independence. 

 As of 30 April, the BSB will have powers to appoint committees and approve standing orders and rules that govern its structure and operation. The move makes the Bar Council the first legal professional body to implement the separation of regulatory and representative powers, as required by the Legal Services Act 2007. 

When the relevant parts of the Legal Services Act 2007 came into force on the 1 January 2010, it became a criminal offence to undertake a reserved legal activity, such as exercising a right of audience, without having in force a valid practising certificate. Therefore second six pupils will require a practising certificate to be legally entitled to exercise a right of audience. The Bar Standards Board will issue a practising certificate to those who have done the following: 

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.’