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05 November 2009 / Timothy Dutton KC
Issue: 7392 / Categories: Features , Legal services , Profession
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Remodelling the Bar

Timothy Dutton QC considers the impact of the Legal Services Act on the independent Bar

Barristers tend to predict the demise of the independent or “Referral Bar” with monotonous regularity, only to be proved wrong at each turn.In the early 1990s the prediction was made with real anguish as the leaders of the profession saw exclusive rights of audience removed in the higher courts, where barristers had for centuries enjoyed a monopoly.

Demise came there none: the Bar responded by improving its standards of training, maintaining high standards of regulation with comparatively low levels of complaint and a good complaints record, with occasional praise coming from the Legal Services Ombudsman. 

What then will be the effect of the Legal Services Act 2007?  True to form there are those who predict Armageddon. But there are others who welcome the opportunities which the Act is said to provide. There are two issues which face the Bar:

How its regulator the Bar Standards Board (BSB) should respond to the Act. Should it permit partnerships of

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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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