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Pro Bono – What Can Clerks Do? Golf Report ISSUE 92 - JULY 2009 HEALTH WARNING: This magazine contains comments that may disturb the bar PAGE 2 PAGE 11 & 12 PAGE 17 PAGE 20 Kick Backs Katie Bird Ted & Alice Baby Barista Circulated FREE to Barristers’ Clerks in the United Kingdom WWW.CLERKSROOM.COM/MAGAZINE EDITOR’S PAGE A little political correctness seems to have crept into the Law Society Excellence Awards 2009. No longer are nominations invited for “Barrister of the Year”. Now the title is “Advocate of the Year”. Nominations are invited from anyone undertaking advocacy. The principal sponsor will once again be Mercedes-Benz. The awards recognise and reward the most outstanding practitioners in the legal professions and are open to individuals and teams across the entire legal sector, not just solicitors. The Bob Moss awards will be presented at a celebration dinner at the Royal ADVERTISING ENQUIRIES TO: Horticultural Halls in London on 22 October. Finalists will have an [email protected] opportunity to celebrate with their teams and a host of VIP guests, and to entertain clients and business contacts. This would be one EDITORIAL ENQUIRIES TO: [email protected] to push out the marketing budget if selected as a finalist. Entries will be judged by Law Society president (elect), Bob This edition of the Clerksroom Magazine has been kindly supported Heslett, vice president (elect) Linda Lee, deputy vice president by the following companies: (elect), John Wotton, as well as specialist judges in each category. The closing date for entries is Friday 21 August, so there is still Advantage Office Supply Systems Ltd time to get your act together! Unit 10, Poole Hall Industrial Estate, Ellesmere Port, Cheshire CH66 1ST. T: 0151 357 3500 Counsel who writes the column “Views of the fantasy bar” has already F: 0151 356 3459 E: [email protected] gone on holiday in disgust as we needed the page for the review of the new book by Tim Kevan called “Baby Barista and The Art of War”. I don’t Corner House Design & Print Ltd think he or she can take the competition! Interesting to see Ted & Alice The Old Chapel, Manchester Road, are still hard at work. They do not give up so easily. As for Baby Barista, I Carrington Village, Manchester M31 4BL would be interested in your views when you have had an opportunity to T: 0161 777 6000 read it. My views are on page 20. This brings me round to ask for F: 0161 777 6060 E: [email protected] contributions from the readership. I am always willing to find space for topics of interest, anonymous if need be. Clerksroom Magazine is produced under licence by JAR Holdings Limited, 9 Old Coach Road, Kelsall, Cheshire CW6 0QL. 07734 995 902 Well it is still raining as I write and we have another test match to grind out the rest of term to the Long Vacation. Soon be the football season. I hope you enjoy this edition and have a good break where ever you go for what may be left of the summer. 1 JULY 2009 ~ ISSUE 92 ARTICLE Kickback Requests By the Editor So the murky world of referral fees is knocking on chambers’ door. Solicitors regularly bemoan the changes to their code of conduct which has opened their market for the less regulated world that conducts what is called “marketing” on their behalf in return for a referral fee. Now they are targeting direct access work. It was Please note that it is for members of the Bar to reported by the Bar Council on the 21st July 2009 ensure that they are compliant with the Code of that they had received reports that Chambers are Conduct. The fact that a draft agreement between a being approached by a well established company company and a barrister covering a business who introduce clients to solicitors in return for a arrangement indicates that the company itself is "marketing fee". The company is now looking to complying with the Code of Conduct does not enter in to a similar arrangement with barristers change the position.” doing public access work. The fee paid will enable It is interesting to see the Bar Council use in the barristers to appear on a website, which in turn will headline of their note the expression “Kickback generate introductions to clients. Requests”. This is straight talking, perhaps to make So the Bar Council has taken the opportunity for a sure that the clerking world understands exactly timely reminder: what they are referring to instead of the phrase “referral fees” more commonly used by solicitors. “Barristers are reminded of the provisions of paragraph 307(e) of the Code of Conduct which It is hard to imagine any lay client paying to be prohibits a barrister from making any payment( other introduced to a Barrister. You would have every clerk than a payment for advertising or publicity permitted setting up websites to charge an “entrance fee” for by the Code or remuneration to staff) to any person direct access clients! for the purpose of procuring instructions. No doubt as the date for Alternative Business However, it is possible for the lay client to pay a fee Structures draws near there will be more examples to a company in order to be introduced to a public of schemes to get a share of counsel’s fees by the access barrister, provided that no money changes non-legal world. And if you are in any doubt about hands between the public access barrister and the a proposal, there is no harm in running part the company for the referral. It would also be possible Bar Standards Board. You could save a lot of time for a public access barrister to make a payment in and grief. order to appear on a website, providing that potential clients generated by the website advertisement then contact the barrister directly. 2 JULY 2009 ~ ISSUE 92 ARTICLE Family Legal Aid Plans They say a week is a long time in politics. Here is a good example. On the 15 July 2009 the Legal Services Commission proposals to cut legal support for vulnerable children and families were savaged in a damning report from the all-party Justice Select Committee. The report concluded that 'proposals for reform were So how long did the report take to have an impact? based on incomplete data [and] a superficial Well on the 21 July 2009 it was reported that understanding of the supply of legal services in this Government Ministers had acknowledged that area'. No surprise there then. The LSC's approach to controversial plans to impose fixed fees for legal reform was condemned as 'flawed, weak and inflexible'. representation for vulnerable families and children It was criticised for a 'conclusions first, evidence after' cannot proceed without “further analysis”. approach to policy-making, having commissioned Ernst & Young to gather data to inform its thinking after Justice Minister Lord Bach told Parliament that further proposing swingeing cuts to the system. analysis would be required before it could publish final fee schemes for family legal aid and that more work The Chairman of the Family Law Bar Association would be undertaken over the summer to allow for the (FLBA), Lucy Theis QC said: introduction of the new scheme in April 2010. Has your firm spoken to advantage yet about joining one of the 'Surely now the LSC will wake up to reality: its plans for Lucy Theis QC, Chairman of Family Law Bar Legal Buying Groups and massively reducing your office supplies family legal aid are unwelcome, unworkable and Association, said: overhead? unwanted. ‘What is so concerning about these proposals is the lack 'On reading this report, Justice Ministers will realise that of reliable evidence to support them, in particular If not.. call us today to receive details and information of how you the LSC has failed a basic test of competence when it regarding their impact on effective access to justice to comes to delivering reform. the most vulnerable families and children. It is a matter can introduce an innovative new supply system that will reduce of great concern that an increasing number of costs and save time throughout the year. 'The Commissions determination to bulldoze through ill- independent reports make clear that the LSC’s family considered changes without proper evidence or any legal aid plans would hit the most vulnerable hardest, analysis of the impact upon budget or diversity risks and that they lack any robust evidential base. Lower costs irreparable damage to the protection of vulnerable Why choose us as Save on purchase price and eliminate children and families. ‘[This] announcement concedes the need for complexity hidden costs. to be recognized in any revised fee structure. While your one supplier? Desmond Browne QC, Chairman of the Bar Council making clear that the Government seems set on Flexible ordering said: continuing to pursue its plans this is the first recognition Work with us to create an effective, that there is still some way to go before there is a efficient ordering system that’s perfect 'The Committee has endorsed every single one of the properly graduated fee scheme that protects the interest for you. concerns of the FLBA and the Bar Council. He added: of the vulnerable children and families, retains expertise ‘The Committee has confirmed our warning that there is within this important area and has the confidence and Dedicated service a serious risk of an exodus of experienced practitioners support of the practitioner groups.’ from publicly-funded family law practice. One source, one solution means you So far so good! can focus on the success of your Tel: 0845 370 3500 business.
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