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08 November 2007 / Alec Samuels
Issue: 7296 / Categories: Features , Profession
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A dead cert?

Forget the BVC, says Alec Samuels, lawyers should qualify as solicitors first

Sam Skinner’s recent article on the alleged inadequacy of the Bar Vocational Course (BVC) and the need for urgent reform was indeed challenging (see NLJ, 12 October 2007, p 1420). However, there are even more radical options to be considered than he suggests.

What are the skills, the special skills, of the barrister? Surely he is essentially a specialist, a consultant. Most legal work is done by solicitors and their staff, they are the GPs of the profession. They can do, and indeed do do, every aspect of legal work, including advocacy, except advocacy in the higher courts, and even this is now open to experienced solicitors, albeit so far a fairly small number.

If the need is for a really good lawyer, a really good specialist in any given branch of the law, and particularly a really good advocate in a heavy, big, difficult or important case in the higher courts, then the barrister is indicated, ie a well qualified and

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Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

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Private client disputes specialist joins commercial litigation team

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Thomson Hayton Winkley—Nina Hood

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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