Barristers

Insisting on an upper second class degree for future barristers could impose a “discriminatory burden” on BAME students, who are less likely to obtain them, a leading academic has argued in response to a Bar Standards Board consultation that raises the possibility.

Widespread failure to comply with diversity rules, cash-flow problems, disguised referral fees and fraud have all been revealed in a Bar Standards Board report on “high impact” chambers. Few chambers also bothered to get feedback from lay clients.

Only 13% of small businesses believe lawyers “provide a cost-effective means to resolve legal issues”, the biggest survey of its kind has found. The survey also found that small businesses were more likely to use accountants in solving legal problems than solicitors.

A barrister who brought 30 failed employment tribunal claims in four years, mainly against employers and recruiters for legal roles, and also the Bar Council over its pupillage rules, has been disbarred.

Barristers are shunning the chance to go into direct competition with solicitors and conduct litigation for clients in addition to their advocacy, it has emerged. Delegates at Saturday’s Bar conference also heard that while public access also remains “under the radar”, there is evidence of clients preferring the cheaper option of going direct to a barrister.

Barristers have been slow to adopt new entity models, but take-up is “increasing significantly” since the application process became more streamlined, according to the Bar Standards Board. Saturday’s Bar conference heard that several chambers are now considering incorporation.

The High Court has rejected by an appeal by a barrister against a finding of a Bar disciplinary tribunal that he abused his position by threatening to sue a dentist. He also tried to “fortify” his threat by telling the dentist that he was a barrister, mediator and medical negligence expert “and asserting that he would win the case”.

There are no depths to the “ingenious means by which these charlatans would seek to dress up their referral fees”, the chairman of the Bar Council has said as he attacked the “grubby and squalid” back-handers paid by some barristers in exchange for work from solicitors.

Barristers are to be allowed to operate through agencies and corporate vehicles under proposals released today by the Bar Standards Board. As things stand, employed barristers in a non-authorised body (that is, not regulated by a legal regulator) are not allowed to supply legal services to clients of their employer without a waiver.

A barrister who withdrew £2,000 from a lay client’s bank account without permission or warning, and also failed to co-operate with both the Bar Standards Board and Legal Ombudsman over complaints against him, has been suspended for three months.