| SPOTLIGHT |
The Bar Standards Board (BSB) has given the go-ahead for barristers to join Legal Disciplinary Practices (LDPs) and also agreed in principle to lift the prohibition on barristers working in partnership with other barristers.
The BSB, which regulates 14,000 barristers, said the move is part of its response to the regulatory objectives set out by the Legal Services Act 2007 and the drive to liberalise the market for the provision of legal services. It follows two years of deliberations and the publication of reports by its Alternative Business Structures (ABSs) working group.
Under the rule changes, barristers will – without having to requalify as solicitors – be able to become managers of LDPs which are regulated by the SRA and have up to 25% non-lawyer managers. However, it warned barristers against becoming shareholders in an LDP until it has developed guidance on conflicts of interest.
The BSB also deferred a decision on whether to allow barristers to practise within ABSs until the impact of the transitional LDP regime has been reviewed and further consultation has taken place.
The cab rank rule will be retained in barrister-only partnerships, but the BSB postponed a decision on how to impose the rule on barristers in LDPs pending further consultation.
The changes will take effect once approval is received from the Ministry of Justice or the Legal Services Board, as appropriate.
Baroness Ruth Deech, the board’s chairman, said its decision was “of considerable significance” for the future of legal services provision in England and Wales, and that some of the changes are likely to be irreversible.
She added: “We trust that these changes are creative, flexible, permissive in the most positive sense, measured, in that they do not represent a ‘free for all’, but amount to a ‘shot of adrenalin’ for those elements of the Bar that have been struggling in recent times, and most importantly therefore, of benefit to the users of barristers’ services and for the legal services market as a whole.”
Bar Council chairman-elect Nicholas Green QC hailed the move as “historic”. He said: “We hope that by permitting changes to the ways in which barristers can practise, we shall build on our tradition of excellence while allowing more flexibility for practitioners. We believe the BSB’s decisions will be particularly welcomed by the publicly-funded Bar.”
