The Legal Services Board has approved the new Bar Standards Board Code of Conduct for barristers. The new Code makes a number of significant changes to the way barristers practice and to the way in
The Legal Services Board has approved the new Bar Standards Board Code of Conduct for barristers. The new Code makes a number of significant changes to the way barristers practice and to the way in which they will be regulated. Two areas of particular interest relate to the conduct of litigation and professional associations.
Self-employed barristers will be able to apply for an extension to their practising certificate so that they can conduct litigation. While members of the public have been able to directly instruct 'public access' barristers since 2004, these barristers were restricted from carrying out certain crucial steps in the course of litigation (such as issuing proceedings, serving documents and filing notices of appeal). As such, in many cases either the litigant would need to carry out these steps themselves or would ultimately need to engage the services of a solicitor. Suitably qualified barristers will now be able to act at all stages of litigation
In addition, historical prohibitions preventing self-employed barristers from sharing premises and forming associations with non-barristers will now be removed. While barristers have recently been able to be managers of Legal Disciplinary partnerships, they will now be able to offer their services through a range of alternative business structures ('ABSs' including those jointly managed and owned by other barristers, solicitors and non-lawyers). This provision remains subject to LSB approval.
Given that solicitors have been able to apply for rights of audience in the higher courts since January 1991, there are likely to be many who consider that the self-employed bar's right to conduct litigation is not before time. Since 1991, solicitors' firms and organisations such as the CPS have encroached further and further into territory which was previously exclusive to the bar. Given the number of self-employed barristers who registered as public access barristers, it is anticipated that a significant number will seek to extend their practising certificates in order to be able to conduct litigation from cradle to grave and perhaps to take back some of the territory ceded to the solicitors' profession.
Coupled with the relaxation of previous restrictions in relation to ABSs, the right to conduct litigation will greatly increase the scope for barristers to form specialist firms. For example, it is easy to conceive of litigation boutiques and tax advisory practices outside of the traditional law and accountancy firm models. Inherent within this are the significant challenges that entity regulation will pose for the various regulators and we will continue to keep a close public eye on how they rise to those challenges.
The new BSB Handbook is due to come into force in January 2014
Self-employed barristers will be able to apply for an extension to their practising certificate so that they can conduct litigation. While members of the public have been able to directly instruct 'public access' barristers since 2004, these barristers were restricted from carrying out certain crucial steps in the course of litigation (such as issuing proceedings, serving documents and filing notices of appeal). As such, in many cases either the litigant would need to carry out these steps themselves or would ultimately need to engage the services of a solicitor. Suitably qualified barristers will now be able to act at all stages of litigation
In addition, historical prohibitions preventing self-employed barristers from sharing premises and forming associations with non-barristers will now be removed. While barristers have recently been able to be managers of Legal Disciplinary partnerships, they will now be able to offer their services through a range of alternative business structures ('ABSs' including those jointly managed and owned by other barristers, solicitors and non-lawyers). This provision remains subject to LSB approval.
Given that solicitors have been able to apply for rights of audience in the higher courts since January 1991, there are likely to be many who consider that the self-employed bar's right to conduct litigation is not before time. Since 1991, solicitors' firms and organisations such as the CPS have encroached further and further into territory which was previously exclusive to the bar. Given the number of self-employed barristers who registered as public access barristers, it is anticipated that a significant number will seek to extend their practising certificates in order to be able to conduct litigation from cradle to grave and perhaps to take back some of the territory ceded to the solicitors' profession.
Coupled with the relaxation of previous restrictions in relation to ABSs, the right to conduct litigation will greatly increase the scope for barristers to form specialist firms. For example, it is easy to conceive of litigation boutiques and tax advisory practices outside of the traditional law and accountancy firm models. Inherent within this are the significant challenges that entity regulation will pose for the various regulators and we will continue to keep a close public eye on how they rise to those challenges.
The new BSB Handbook is due to come into force in January 2014