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15 July 2011
Issue: 7474 / Categories: Opinion , Profession
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Stop the Bar wars

Geoffrey Bindman warns against a professional civil war

Simultaneous social and political pressures—the economic downturn, legal aid cutbacks, the removal of restrictions on the participation of non-lawyers in the provision of legal services (alternative business structures)—confront the legal profession with challenges to its very existence. A possible response to government imposed changes might be graceful submission, recognising our subservience to the public interest and the democratic process. Reality teaches us, however, that those whose self-interest is threatened will fight to defend it.

Civil war

It would seem sensible nevertheless for the separate branches of the profession to meet the challenge to its survival with a united, or at least co-ordinated, response. A unilateral grab by one branch for the bigger slice of a dwindling cake seems an obvious recipe for disaster. That way looms civil war.

Yet this is exactly what the Bar has embarked upon. The government’s stated intention of paying a single fee per legal aid case stimulated unilateral trench warfare. The single fee leaves it to the contracting party—normally the solicitor—to

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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