Neale: Professional standards might need to evolve
Barristers may “sometimes allow their zeal to advance a client’s interests to embrace tactics which are ethically questionable”, the Bar Standards Board (BSB) said yesterday.
The regulator also said it was “increasingly focused” on influencing the culture at the Bar.
The comments came in a call for evidence to inform the development of the BSB’s next five-year strategy, which will run from April 2026.
Its draft vision is “an excellent and ethical barrister profession which inspires public confidence and advances the interest of justice”, while its draft ambition is “to be recognised as an excellent regulator trusted to advance the public interest”.
The BSB said key to this was building on its understanding of the market, while it was “increasingly focused on understanding and influencing the culture at the Bar”.
While there were many strengths – “the dedication of senior barristers to the development of the next generation, for example” – there were also challenges.
“In particular, chambers… are often informal in their governance and lack clear accountabilities. This can be particularly damaging when pupils or junior barristers experience bullying and harassment and need the protection of robust policies backed up by senior barristers.
“Some chambers are exemplary in their governance, but the BSB and the profession, working together, need to ensure that all chambers can emulate the practice of the best, where appropriate.”
The Post Office scandal showed that the requirement for barristers to prioritise their duty to the court and the administration of justice over their duty to the clients “can come under pressure”, the BSB went on.
“We are keen to learn the lessons from the inquiry and explore how we can make these expectations clearer and ensure that our regulatory arrangements are fit for purpose in the future.
“Barristers may also sometimes allow their zeal to advance a client’s interests to embrace tactics which are ethically questionable. This raises questions about whether the BSB needs to develop our guidance.
“It also raises questions about the ethical formation of junior barristers in circumstances where chambers are now sometimes more virtual than real and about the case for the updating of ethics training when barristers return to practice after extended periods away.”
The call for evidence also highlighted the BSB’s concerns about the reported prevalence of bullying, discrimination and harassment, the failure of the profession adequately to deal with these issues to date “and the need to be more inclusive generally”.
This led to it identifying three “early emerging priorities”: an effective, competitive market for barristers’ services where consumers are empowered to engage effectively with barristers; a profession where everyone has equal opportunities and success is not limited by background; and a competent and ethical profession.
BSB director general Mark Neale urged stakeholders to respond to the call: “This strategy will focus on the public interest. It will consider how professional standards themselves might need to evolve to reflect changing consumer expectations, the opportunities of new technologies and the ethical challenges revealed by the Post Office scandal.
“It will also look to build on our understanding of the market for barristers’ services, including ensuring that the supply of barristers in different areas of practice matches the future needs of the public.
“And, of course, it will be grounded on the need for the Bar Standards Board itself to be efficient and effective in discharging our regulatory functions, including our enforcement work, which underpin public confidence in our regulation and in the profession.”
The BSB has also commissioned research among consumers and will publish a draft strategy for consultation in September.
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