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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

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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