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 ’ Clerks in the 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 “ of the Year”. Now the title is “ 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 . 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 ’ 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 reported by the Bar Council on the 21st July 2009 that they had received reports that Chambers are Please note that it is for members of the Bar to being approached by a well established company ensure that they are compliant with the Code of who introduce clients to solicitors in return for a "marketing fee". The company is now looking to Conduct. The fact that a draft agreement between a enter in to a similar arrangement with barristers company and a barrister covering a business doing public access work. The fee paid will enable arrangement indicates that the company itself is It is interesting to see the Bar Council use in the barristers to appear on a website, which in turn will complying with the Code of Conduct does not headline of their note the expression “Kickback generate introductions to clients. change the position.” 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 of schemes to get a share of counsel’s fees by the to a company in order to be introduced to a public non-legal world. And if you are in any doubt about access barrister, provided that no money changes a proposal, there is no harm in running part the hands between the public access barrister and the . You could save a lot of time company for the referral. It would also be possible and grief. for a public access barrister to make a payment in 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 based on incomplete data [and] a superficial understanding of the supply of legal services in this area'. No surprise there then. The LSC's approachSo how to long did the report take to have an impact? reform was condemned as 'flawed, weak andWell inflexible'. on the 21 July 2009 it was reported that It was criticised for a 'conclusions first, evidenceGovernment after' Ministers had acknowledged that approach to policy-making, having commissionedcontroversial Ernst & plans to impose fixed fees for legal Young to gather data to inform its thinking afterrepresentation for vulnerableJustice Minister families Lord and Bach children told Parliament that further proposing swingeing cuts to the system. cannot proceed withoutanalysis “further would analysis”.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 can introduce an innovative new supply system that will reduce comes to delivering reform. the most vulnerable families and children. It is a matter 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. Why choose us as Lower costs irreparable damage to the protection of vulnerable 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.’ One source, one solution means you from publicly-funded family law practice. So far so good! can focus on the success of your Tel: 0845 370 3500 business. 4 Fax: 0845 370 3501 E-mail: [email protected] Superb choice www.advantageoss.com Choose from over 30,000 product lines, JULY 2009 ~ ISSUE 92 all available from just one supplier. ARTICLE Networking – I’m A Clerk,

The right pictures in your Chambers help project a professional Get Me Out Of Here! (Part1) image and provide an inspirational environment for staff. Matt Gibbons Introduction – Matt Century Galleries Ltd, Art Rental service is unsurpassed and our flexible approach, combined with an extensive catalogue, makes quality fine art available for all tastes at a low cost. Renting art provides the The following are the notes of the role play conversations which took place at the IBC Conference freedom to change your collection as often as you wish and ensures the workplace always looks fresh and workshop in June this year between the characters M [Senior clerk] played by Matthew Gibbons Senior stimulating. clerk at Deans Court chambers Manchester and R [Junior clerk] played by Rob Abrahams, Senior Family & In addition, it is far more economically efficient to rent art at a low cost rather than purchase it, and not tie up Immigration Clerk at Garden Court chambers. your money in capital assets. As long established dealers of Fine Art , we represent many artists of international fame and have a history of finding new rising stars. Our framing and restoration division is one M Rob, I looked for you at the event. R That’s a bit unfair - you know I give excellent service. of the most renowned in the South of England. Our service is utilised and trusted by private clients and Where were you? Only the other day I spoke to Sue De Buggers. (M works insurance companies alike. with Tess Tickle) She promised work because of the R I’ve got a lot of work on – look at my desk. service I’d provided. I’m also fed up that I’ve brought in We visit your Chambers to establish how many pictures are required and their preferred location. On our work and members then let you down. What’s the point? second visit we will bring a selection of pictures for your consideration. Once artwork and costs are agreed, M Pressure on and got to increase business. You should we will then arrange for the pictures to be professionally installed. have been down there. We have 6 of these events M I know, some want a right good talking to. But we’re during the year seen pressing the flesh and I want you at paid to do a job and there are expectations I want to Our extensive collection is divided into four categories with over 500 pictures in each style: every event. meet. Ever met Sue De Buggers?

Semi Abstract Impressionist Abstract Representational R Yes, but I’ve so much to do, and anyway the barristers R No, but I know it would be good to meet Sue. For some either never turn up or just talk to each other. Why reason she send work to Nevrin Court Chambers and I should I bother? think she’s liked our service so far but I know we could get more work from her. M We need to increase business. You’re a cracking junior clerk but chambers is facing tough times. You need to M Well, she was at the seminar tonight. I’m getting help me to demonstrate the worth of clerks otherwise the annoyed; I was talking to that new who is management committee have a P45 and it’s got my difficult to handle but has some great work – Ed Case name on it. about some new business and guess who Sue De Buggers was talking to? R Can’t be that bad R No idea, surprise me Cleaning, maintenance and insurance is included within one manageable weekly fee. These visits are a great M I had him in again the other day wanting to discuss his opportunity to make any changes to your collection. diary - Ivor Temper. “I’ve no work” he said. “I’ve got M Nobody! She was stood there on her own; school bills to pay and a big tax bill coming up. Other nobody spoke to her so she left with a dim Client Quote: “An extensive art collection that’s affordable!” clerks keep their barristers busy” he says. Will do my best view of Chambers. Mr Temper, Tim Wheeler, Senior Clerk, Harcourt Chambers. R You are kidding me! [Rob – Bottom line, need help - need to network, “ One of the best services I have ever brought into Chambers. Century Galleries are professional, smart, and network and guess what, more networking!] M I’m not - That’s why you should have been there. the service they provide is imaginative and unique; they are all a real joy to work with. “ Opportunity knocking and we’ve missed out. Do you R I do that. I think I’m networking all the time when I’m know what the main reason is why clients go elsewhere? speaking to clients. Other Services: Fine Art Sales, Fine Art Conservation & Restoration, Picture Framing. R Because you’re short and ginger. [Editor: You may think M R, I’m not saying you don’t graft but in the word that but I could not possibly comment] “network” is the word “WORK”. Existing clients are very important but we need to win new ones. You need to develop contacts . You are not going to do that sitting Century Galleries Limited, Henley-on-Thames, Oxfordshire. behind your desk. You junior clerks want it all on a plate. T: +44 (0) 1491 575 499 F: +44 (0) 1491 575 600 [email protected] www.centurygalleries.co.uk 7 Continued on page 8... JULY 2009 ~ ISSUE 92 ARTICLE

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M Less of it! The main reason is because clients do not feel R Go on then, ask the same question. important. Make people feel their work is valued, say thank you, they will return with work M [To the audience] Ok audience, Hands up if you talk to yourself. – Ok, thanks – Rob, what did you make of the R Matt, I have a confession to make. I feel uncomfortable results? speaking to clients face to face and introducing myself. R Did you note that some of them didn’t put their hands up M Sorry! Run that by me again. You are kidding me, right? but said “Do I talk to myself”?

R No, I find it really hard which is a reason I’d rather be at M I did. Funny that some did that and some wanted to see my desk working than chatting to clients face to face. what others were doing before they did anything.

M But you’re a clerk, it’s a breeze, it comes naturally. All R Why do you think that is? clerks are like Alan Sugar on speed! M Human nature, people don’t want to either be wrong or R Well, I struggle with it. I really enjoy being a clerk and made to feel stupid and even that simple exercise can on the phone it’s not a problem but face to face it’s take people out of their comfort zone. People somehow different. understandably don’t like to feel rejected so retreat. So come back to the fact that, whilst it takes you out of your M Rob, Well, I’ve got a confession to make. It’s unfair of me comfort zone, you really need to get out and talk to a to have a go at you as I find just as difficult myself. few clients at our next event.

R No! Senior clerks never have a problem. I’ve seen you R Ok, I hear you, but how do you improve? Have you got working the room and I’ve been jealous as you look like any ideas on how to improve? it comes easily. M I have, for instance Sue D Buggers. You’ve spoken to her M Well, it may look that way and once I’m actually chatting on the phone but you would feel uncomfortable just to clients I find it quite easy but initially in the build up to going up and saying “hello”? events I get butterflies but I know clerks have to push themselves, get out there and make a difference. R That’s right.

R How do you think other clerks find it? M The seminar tonight you know we have a signing in procedure. They sign in to get there points. For the next M Let’s try and find out. Did you know we had an audience seminar I want you to look after that procedure rather here today? than leave it to the chambers administrator. – Dead easy - Could you please sign in? What name is it? Oh, Sue D R Them [looking at the delegates]? Buggers, nice to put a face to a name. Hope you have time to have a drink after the seminar and we can have a M Yes, that lot over there. chat.” Afterwards: “Did you enjoy the seminar? Was it useful?” and so on. R Can you think of a question to ask to show them that we are all in the same boat and many don’t find it easy? R Right Matt, next time I’ll do that

M I can. Ok – I remember being on a course once, the [To be concluded next month] seminar was for senior partners of law firms. The presenter asked the audience a question to put them on the spot.

8 JULY 2009 ~ ISSUE 92 ARTICLE What Makes a Clerk Tick?

Katie Bird is 1st Junior at in the Temple and a member of the IBC management committee. 2 Hare Court has long been recognised as one of the UK’s leading chambers specialising in criminal and regulatory law.

When did you start working in Chambers and in What irritates you the most? what capacity? When cases carve or go short unexpectedly and In March 1998 as a junior clerk at barristers need their diaries filling sooner than 10 Kings Bench Walk. anticipated. What is the best aspect of the job? Why did you become a clerk? Working closely with a tightly knit, good and From I came to Chambers on work experience effective team. corporate identity and never left….. What is the worst aspect of the job? to large format So far what has been your Breaking bad news to people. best moment in Chambers? displays Being made First Junior What is your best characteristic, clerking or What has been your worst otherwise? For all your moment in Chambers? Being organised and efficient. Realising I had sent an indecent creative design image to my former Chambers Do you have any bad habits? Director via email. Luckily I was Turning off the air conditioning and print leaving the next day! when the clerks’ room is boiling (according to the rest of Who has been the greatest influence my team!) 0161 777 6000 on your career? It is a toss up between my senior clerk Nathan, who Your favourite film? has given me a lot of guidance and Emma Shawshank Redemption, Goodfellas or Con Air Makepeace, the first female clerk that I knew who had been very successful in Chambers. What car do you drive? Peugeot 206 cc

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What’s on your iPod? If you were stranded on a desert island, what 2 Michael Jackson, Kings of Leon, Britney Spears. items would you take with you? A boat and my duvet. How do you relax? Sitting in the sun with a nice glass of wine or going If you had not gone into clerking, what would swimming. you have become? A marine biologist or an astronomer. What event anywhere in the world would you most like to witness? So what does make a clerk tick? A volcano erupting. Big fees, private work in abundance, and co-operative barristers. Name one person you would like to have dinner If you have any questions you would like putting to with and why. those who participate in this column or you would Robbie Williams as I used to idolise him and I think like to have a go yourself please email the editor: [email protected]. he would have some interesting stories to tell. ARTICLE How we have moved on..... By the Editor software gives the impression of quiet contemplation, whilst under the surface controlling the “eureka moments”. Not everyone displayed geek like tendencies, but there were enough so that each team could play at a higher level if need be.

Whilst at IRIS they celebrated their 1,000 user for their Meridian Law hosted service. As long as there is a properly thought out disaster contingency plan, a hosted service ticks a lot of boxes for risk management issues.

As an end user once the system is installed, the main contact we all have is with support. That is our benchmark for the quality of their service. IRIS like many others recognises this and claims to have met their standard. They aim to make contact within 20 minutes of a call being logged, and have cut their backlog of calls under investigation at any one time from 120 to just 20. This has been achieved largely through logging in to take over your screen and session so you watch I spent 12 years running barristers’ chambers. For most of how they fix the problem and explain over the phone what that time the main software supplier was Meridian Law, has happened. based in Manchester. Now that office in Stockport has been closed and the company totally redesigned on a national This has two important consequences. Firstly they see the scale. They were taken over by Mountain Software and are problem for themselves and are not relying on a non-IT now part of the IRIS empire which serves over 5,000 firms of person’s explanation. Secondly, the user is not trying to solicitors, 270 barristers’ chambers plus 100 coroners and, follow telephone instructions, so nothing gets lost in as I discovered on a visit to their website, several premier translation. So whoever has the problem should confidently league football clubs. The legal department is now based at call the helpline. So they prefer if counsel calls them direct, Knutsford, not much more than a stone’s throw away from which saves valuable clerking time. where I live. The only downside was that I had to promise not to stand Here I have to disclose the hidden agenda for a visit to IRIS. outside their entrance on the evening before football match I have been on the waiting list for season tickets for days accosting in a Scouse accent every departing member of Liverpool FC for 12 years. Guess who handles the software staff with the words: “Any spare tickets?” and technology that produces their season tickets? And where is the specialist unit that has developed this product We have all moved on, but some have moved further based? You got it in one! So all of a sudden a visit to than others. Knutsford seemed the least I could do to see how IRIS is now set up to serve the legal profession.

As you drive down the tree-lined avenue into Booth Hall Park on the outskirts of Knutsford you get a sense of a country retreat. That feeling of being in the sticks leaves as you walk past their own Starbucks next door to their modern office block that would grace any modern city business / science park. The main floor plate at approximately 19,000 square feet looks about the size of half a football pitch.

By first impression of this vast area was of numerous small groups of intelligent beings who as individuals knew their role in the bigger picture. Research and development of

15 JULY 2009 ~ ISSUE 92 ARTICLE - a problem shared!! Gill Butchard Principal of Butchard Associates Some more of your printable offerings!

How exactly can Gill Butchard help your Chambers? Dear Ted & Alice, Now I am told by colleagues that he is laughing Well what do you know! I have just had a bunch of behind my back. flowers delivered for me to our clerks’ room. Whilst that is the good news, the bad bit is that there is Ted: He needs a fall and the sooner the better. no card, or if there was, it has got lost. My first Otherwise someone may need to speak to his You may think that you have no need of her services at this thought was to ring the florist but they might not father who will not like it. If nobody sorts him time, but she can help with any of the following from as tell me if the donor wants to remain anonymous. out, he may be shown the door. Mind you, just Then it crossed my mind that may be the sender because Dad can cut it, may be the lad cannot. little as a couple of hours: does not want to be identified. Now everyone who Stick with it and you will find out soon enough. comes into the room is getting the thirds degree You might send him out for some “elbow grease”! I Business reports and analysis (one-off, monthly, quarterly, annual, etc) look from me, and I am starting to get some weird expressions back. Alice: Laughing about it is an immature reaction. He will I Cleaning up your database as well as providing help with keeping This is starting to become a farce. get over it, and coming down a peg or two will it clean What should I do? not do any harm. Dear Ted & Alice, I Job training and mentoring for Fees Clerks Alice: It depends on what the flowers are. Red roses are fine, but there are plenty that send the wrong What am I going to do? My hubby has announced his retirement in 2 months time and I don’t know I signal. Reviewing old debt how I am going to cope. I only work part time in Ted: Do nothing. This guy will not be able to keep his chambers and they have told me there is not I Backlog clearance silence for long. He either wants to use the enough work to take me on full time. If I stay at flowers to break the ice, or he is trying to say home with him, I am going to go “stir crazy”. I I Marketing Assistant: Mailshots &/or Marketing Event Management sorry. Just bide your time and all will be revealed don’t like cricket or any other sport except the so to speak! traditional “matrimonial” obvious, but you cannot play that for 35 hours a week. Suggestions please. Dear Ted & Alice, For the last couple of months I have been asked to Ted: I’ll bet he has been looking forward to more Basically, Gill is the extra resource you need to get a job done, without teach the new junior clerk the ropes. He is a school quality time with you for years. leaver and I don’t mind putting in the extra time Don’t disappoint him. having to take on a new member of staff, who can turn up in chambers, but find it a bit difficult as this kid seems unwilling to learn, especially the basics. Alice: I wonder what he does or did for a living? It is a roll up her sleeves and get to work with little or no training !! I suspect that part if not all of the problem is that shame he was not a clerk as he would have his father is a senior clerk in another set, and this understood the excitement and thrill you get out lad thinks he has a meal ticket for life. of chambers. Never mind girl, just think how well you have trained him over the years which will be For more info: I have tried to explain that I think he is heading for coming home to roost! See Gill’s website at www.butchards.co.uk a fall, and he seemed to take it on board. Email: [email protected] Tel: 0772 591 1320 www.butchards.co.uk 17 JULY 2009 ~ ISSUE 92 ARTICLE Donation for the IBC Benevolent Fund Roger Sheen, Managing Director of Advantage Office Supply Roger Sheen Systems Ltd handed a cheque to Gary Brown, chairman of Advantage Office Supply Systems Ltd the IBC at the Conference on the 6th June 2009 for £1,500 Unit 10 Poole Hall Industrial Unit being a further contribution to the fund. This brings the total Ellesmere Port donated by Advantage to over £3,000 in the last couple of years following the creation of the London section of the Cheshire Professional Purchasing Group. The donation comes as clerks 8th July 2009 face hard times in the worst economic climate any of us can remember. Dear Roger, Do you need? Chairman of the Trustees Stephen Graham and IBC Chairman I write to register my heartfelt thanks to you and your Gary Brown both wrote to Roger to thank him for the company for all that you do to support us. AS you can imagine ● ● donation. in the current climate fund raising is extremely difficult and so A neutral venue Round table Rooms your contribution is even more welcome than usual. ● A mediation suite ● Meeting Room I hope you are well and as ever if there is anything that I ● ● Conference venue Hot desk facility or any of my colleagues on the Trust Committee can do to help please let us know.

Can we help? With grateful thanks and very best wishes,

Steve 64 Street: Manchester Legal Centre Steve Graham Full details at: www.64bridgestreet.com Chairman of the Trustees IBC Benevolent Fund Contact Bob Moss: 64 Bridge Street, Manchester M3 3BN T: 0161 839 1002 F: 0161 819 5205 Lord Neuberger named Master of the Rolls DX: 14349 Manchester E: [email protected] Everyone seems delighted with this appointment announced The mere mention of the name “Denning” was enough to a short while ago, but you should expect the unexpected if bring the hair up on the back of the necks of law students history is anything to go by. and lawyers three or four decades ago. Typically you got used www.64bridgestreet.com to the law being created by legal precedent from higher The youngest of the law lords is to be the next head of courts, but then Lord Denning would throw everyone into England and Wales’ civil justice system. The law lord, who confusion and reverse what were thought to be established has had a swift career to the top of the judiciary, is not only principles. Lord Wolff was responsible for the huge reforms in the youngest of the 12 who make up Britain's highest court civil procedure that everyone now lives by. - soon to become the UK’s new supreme court - but one of the brightest. So expect change during the new era.

Lord Neuberger’s move back downwards from the House of Lords to be one of the three High Court Heads of Division follows a path set by Lord Denning and then more recently by Lord Woolf.

19 Serving the legal community in Manchester “the second legal city” JULY 2009 ~ ISSUE 92 ARTICLE Book Review By the Editor Title: BabyBarista by Tim Kevan

Baby Barista is a humourous account of a 12 month “The real power in chambers. All seeing, all knowing." fictitious . It is based in a London set that This will make a good stocking filler if you can wa it that adopts a traditional competition. The scenario involves long. four pupil candidates who throughout their pupillage get up to every trick in the book, plus a few outside, in So who are the chara cters, all fiction apparently, based an attempt to win the race for the one tenancy due to on? I suspect no single person, more a ra nge of Serviced Office Facilities: be offered by their chambers. At times it is “Like a shark chara cteristics we have all come across wandering ● 218 Strand offers UK and overseas lawyers the opportunity to with the smell of a fellow pupil’s blood in the through the Temple. It is probably no good asking the share resources in a serviced office suite, directly opposite the water….” author, or even suggesting one or two possibilities as Royal Courts of Justice in the Strand, London WC2. the answer would almost certainly be that quote from ● The reception is on the 3rd Floor and staffed 8am - 6pm. Along the way, the reader is given an insight into life at The House of Cards: “You may think that, but I couldn’t ● the bottom of the legal pile where the fewer the possibly comment”! Meeting Room available include Single rooms for 1-50 people scruples the better. This includes breaking down some up to Mediation Suites. of the hallowed myths that surround life at the bar, in particular the cherished notion that the general public Accommodation: have, namely that their interests come first. We all know ● apartment available for short term rental to counsel officially do not like to talk about money when in reality they like nothing more. You only have to listen professional people when in London. to the robing room banter as they talk up their ● Superbly located studio apartment situated just off Fleet Street. respective worth and fees in any case. Disaster Recovery Suite: I have no doubt that every clerk / practice manager in There are two book launches. One is in London at ● Suite with 24/7 availability of hot desk PC’s connected every chambers will understand exactly what I mean, the Old Pub on 5th August and then to the Internet. but blowing the myth out of the water may come as a another in North Devon on 7th August. Full details bit of a shock to the non-legal reader. at: http://timkevan.blogspot.com/2009/06/babybarista- As for the author, he is currently taking a break from book-launches.html. It is open house and a pay bar at both events with the Bar and for my part I hope that before he returns to no guest list restrictions so please come along and Contact Us: practice he ensures that Richard Curtis has started work bring your friends. Though just so we can get an idea on the screen play. The sooner the better preferably. The of numbers, email approximate numbers to either 218 Strand, London, WC2R 1AT book even opens with a cast list! At least the [email protected] or [email protected]? T: 0845 083 3000 F: 0845 083 3001 description of “HeadClerk” is one we can all relate to: DX: 232 London Chancery Lane E: [email protected]

20 JULY 2009 ~ ISSUE 92 www.218strand.com ARTICLE IBC Conference address

We continue with part 2 of the Keynote speech given by the Chairman of the Bar Desmond Browne QC at the IBC Conference in June this year.

Direct access: One suggestion is that such companies might employ solicitors or solicitors’ clerks to channel the work to The Bar Standards Board is currently considering a the barristers. All of these remedies present practical recommendation by its Standards Committee that the difficulties, but are they really insuperable? We need ban on public access in criminal, family and you to say, bearing in mind the alternatives, if we immigration work should be lifted. Would it help the simply do nothing. Some sort of change is surely profession in its battle with solicitors if clients in needed in order to ensure that all that is best in the these 3 fields could approach chambers direct? There profession remains as before. is no doubt this would put clerks in the front line, and dramatically change the nature of the job. But is it the way forward? Put your thinking caps on, and let us know what you think.

Block contracting:

Already there are forms of block contracting in the civil field; for example, agreements between insurers and chambers in the personal injuries field. By all accounts, they seem to work well, for the benefit of both parties. So well that people overlook the fact that a set of chambers is not a legal entity. A governmental body like the LSC is not likely to overlook such a technicality. So two options need to be considered:

• Whether chambers might become a Legal Disciplinary Practice, if barristers are permitted to do so; or in the alternative

• Whether chambers might remain unincorporated and the members stay self-employed, but provide advocacy and advice to clients procured through a corporate vehicle like the service company used by some of the bigger sets.

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Privately funded work: The Bar Council got ahead of the game, by having my predecessor, Guy Mansfield, look afresh at the My feeling, tell me if I am wrong, is that partnerships idea of a CLAF. of whatever kind are unlikely to be attractive to those doing privately funded work – but particularly But this is not yet Bar Council policy, and there is still to those in specialist areas. Clients on opposing sides work to be done on the details – indeed, some very may find it bizarre that they meet in a lift in important details, such as how the Fund would be chambers – a lift without Chinese walls, but we all financed initially. Working Parties from the Specialist know that the partnership option would give rise to Bar Associations are considering the 650 pages in conflicts of interest such as to prevent members of Lord Justice Jackson’s two volumes under the chambers from acting against each other. What is chairmanship of Michael Todd QC, Chairman of more, it is one of the strengths of the privately the Chancery Bar Association. It is clear that no funded Bar that they still operate the cab-rank familiar principle of costs will be sacrosanct – not principle. So I doubt that the threat to the privately even the principle that costs follow the event, and funded Bar comes from regulatory changes. the loser pays.

Such changes will be optional, not mandatory. Fixed costs: Consider Australia, where barristers and solicitors have a common legal education, but in the capital Doubtless the Lord Justice will also be looking at a cities some choose to practise as self-employed regime of statutorily fixed costs. In Berlin last month, barristers exactly as we do – the so-called voluntary the German Bar told me how there is no entitlement Bar. The only catch is that the profession is small and to an indemnity – costs are fixed by statute. Where elite. But there is a cloud on the horizon; the debate the amount in dispute is €1m, the recoverable court over civil litigation costs presided over by Jackson LJ fees for one lawyer are a mere €16,900. It makes is only just beginning. As we all know, there is you think, even though in Germany, there is much enormous hostility to conditional fee agreements, less by way of disclosure of documents, and a far particularly when accompanied by after the event greater reliance on before-the-event insurance of the insurance premiums, which are then loaded on to the type some people here now have in their household bill of an unsuccessful defendant. insurance policies.

Don’t think that a change of government would Next month in the final part of his address the make any difference. Dominic Grieve QC, the Shadow Chairman considers the relationship between Lord Chancellor, recently stated his opinion that CFAs barristers and their clerks, equality and had corroded the standards of the legal profession. diversity, and referral fees. Mr Grieve made clear his support for a Contingency Legal Aid Fund, a way of financing claims by taking a proportion of the damages from successful claimants suing with the support of the fund.

24 JULY 2009 ~ ISSUE 92 ARTICLE ARTICLE Pro Bono – What can clerks do? Golf Report

Robin Knowles CBE, QC, Chairman of the Bar Pro Bono Unit, addressed the IBC Conference in By Tony Charlick June this year. He set about answering three questions: • What is the bar Pro Bono unit? I organised this year’s Bar Clerks Association Benevolent Fund " Inter Chambers Cup" at Essenden Golf Club on • Why does it exist? Saturday 25th July. Congratulations go to this year’s winners Erskine Chambers with a score of 95 points. • What can clerks do to assist the organisation? A good day was had by all.

These are his notes. A significant contribution to the BCA Benevolent Fund will be made in due course. There are six main pro bono organisations, 2 international; Why does BPBU exist? four national • Help is needed Erskine Chambers captained by Mike Hannibal had their photo taken for posterity. The final scores were: • The Bar can give it A4ID • An organised way helps everyone ILP LawWorks That is the bedrock. But BPBU and pro bono work is also a ILEX Pro Bono Forum good thing for the Bar. Why? FRU • Attracts respect to the profession Bar Pro Bono Unit [“BPBU”] • Attracts talent to sets • A constant reminder of the Bar’s expertise BPBU - What is it? • A constant reminder of the need for expertise in • A brokerage specialist areas • A project house [Bar in the Community; PILLARS; • A unique form of job satisfaction for the barrister ALLIES] and clerk • A flagship • A point of professional connection between the junior • A respected voice and senior bar Mike Hannibal Erskine Chambers 95 • Brings all sides of the profession to work together Lee Hughes-Gage Capt 5KBW 92 in a common cause The relationship between the Unit and the IBC has been Adrian Duncan 4 Breams Buildings 90 very special. Chris Owen was the Unit’s first vice chair. Let me develop the importance of some of these thoughts Marc King Carmelite Chambers 90 Successive chairmen of the IBC have gone out of their way in the context of today. The legal profession faces real to support the Unit. The IBC was the major sponsor of the pressures. In addition those who want to change its John Gillespie 7 Bedford Row 90 Unit’s 10th birthday, and has sponsored various structure beyond recognition have more tools with which to Pat Duane Charter Chambers 86 publications. Christine Kings serves on the Unit’s attempt that. In times like these 3 things are key: management committee. Many members of the IBC • Structure Alan Brewer 42 Bedford Row 85 represent their set on our Chambers Contact Scheme. • Talent, and Mark Watson Fountain Court 83 Others have helped with training of Unit staff. Many more • Substance. still work willingly with the Unit’s staff every day to place Luke Irons Stone Chambers 82 cases with their members. And now the opportunity to Whatever structure you believe in, simply adding talent Alan Stammers 5 81 address you in plenary session at your conference – I am to it is not enough. Talent can start to leave quickly, honoured, and also I am touched; the Unit is very grateful it can get harder to attract, and it can lose its edge, Michael Kaplan 4-5 Gray's Inn Square 74 to each of you. energy or passion. Michael Eves 9 Bedford Row n/c

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That is where substance comes in. Unlike structure and Throughout my own career, Mike Killick, my clerk has talent it is intangible. But the wise know how vital it is. been there with me in supporting my own involvement It is about ethics and principle and commitment and in pro bono work. I couldn’t do what I do without him purpose. It is about pride in one’s profession, about team and without the certain knowledge of his support. I work playing, about valuing respect, about remembering that hard, but a pro bono appointment is as important as an it is access to the law – nothing less – that we are appointment with or Travers dealing with. At no time has substance been more Smith. And do you know what – CC, L and TS agree, important to the profession, to the public and to the especially as they increasingly understand that their own public interest. pro bono commitment has been vital to their own success as organisations. The whole clerking team in my Where is pro bono in all this? Well, pro bono might not set will pull out all the stops when needed – and with be about structure, it has its connection to talent, but it true willingness every step of the way. is an absolute bedrock for substance. Given the chance, a chambers that sees pro bono as a chambers Barristers can sign up to the Unit individually commitment is a stronger chambers; a chambers that (“pre-volunteer”). 2000 have done so. Many others have actively encourages pro bono work will be an attractive not pre-volunteered but agree to take a case when chambers to join and a respected chambers in the eyes requested. But increasingly it is an entire set that will of those with whom the set deals. It has a better chance have a relationship with the Unit – led by one of the of keeping the edge, energy and passion of its members. more senior members and one of the more senior clerks. It is more likely to be a set of principled than That is the way I would encourage those present today a set of hired guns. to go. The name of the scheme is the Chambers Contact Scheme – please speak to Becks Wilkie – the CEO. What can clerks do to assist the Unit so that together we can deliver pro bono work in a sensible way? Similarly if anyone would be prepared to consider • Recognise that you are as important in this as the broader involvement at committee, sub-committee, barristers conference, regional, or Pro Bono Week level please do • Actively support and encourage barristers get in touch with Becks or me. • Lead by example in treating a pro bono case like a normal case Four propositions with which to end: • Be an active point of liaison with Unit staff • Help Unit raise its core funds 1. Pro bono is part of being a member of the Bar • Help understanding about the Unit – designed not 2. Pro bono is for one’s whole career - not just for the to ask too much of any individual; in some areas of junior Bar law it may be some years before we ask; not every 3. The involvement, commitment and contribution of case is exciting but every case is important in the the clerks is as vital as the involvement of any overall scheme; sometimes – for good reason - help member of the Bar is needed in a case where the merits seem poor; 4. Pro bono needs the profession, but this profession when we do ask we ask for as much effort as in a also needs pro bono. This profession still has the paying case; the work we have is for senior people potential to be unbeatable. just as much as for junior; we are always – always – there to help if things start going wrong.

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