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the barrister



EST. 1999

1st October - 21st December 2015 MICHAELMAS TERM ISSUE

w w w. b a r r i s t e r m a g a z i n e . c o m

ISSN 1468-926X

Conduct, Codes and Culpability As the way legal services are provided begins to change, there are some fundamental questions about how the conduct of barristers will be regulated in the future. Will the conduct of solicitors and barristers come to be assessed on the same basis – and what is misconduct anyway?

Over time the relationship between the professional obligations of an entity and those of the individual lawyers within it will become more important. Who will be held to account if things go wrong?

The changing context As the rules which set the structures within which lawyers practice have become more flexible, so have the codes which regulate their conduct. The BSB and SRA have introduced an “outcomes” focus to their Codes of Conduct. This, it is hoped, will allow innovative ways of providing legal services. But where there is choice, there is often uncertainty.

The number of organisations which are made up of lawyers from different branches of the legal profession is likely to increase. Lawyers in other jurisdictions may become more closely involved. Will different

For barristers the long and winding road of entity regulation has just begun.

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Handling initial enquiries Invariably your clerks will be at the frontline on dealing with enquiries from members of the public. You don’t however want your clerks to be stuck on the phone to a client whilst they explain in

excruciating detail every aspect of their case. You need a way to quickly capture the key details without getting bogged down in the minutiae. A good to way to manage this would be through a questionnaire. This could be an online form so the clients can complete it without needing to directly interact with your clerks or else an electronic document that the clerks could e-mail to clients. Another option is to route direct access calls to an outsourced call centre. Both options then allow you and your clerks to assess the client’s needs and decide if you are likely to want to take them on as a client. That may then mean some form of initial consultation. If you charge for such services it may be worth offering a full refund if at the end of p.9

Forensic Science in Crisis By Dr Duncan Woods, Forensic Scientist, Keith Borer Consultants Border Crossing : E-Disclosure in complex litigation By Mike Taylor, barrister and E-Disclosure specialist, i-Lit Paralegals


Direct Access ... are you delivering? By Jonathan Maskew, consultant at Shensmith Barristers chambers

How to manage Public Access clients Despite the growing number of barristers offering their services direct to the public there is still a great deal of unease amongst barristers around managing clients directly. It is important to consider how best to offer your services in a way that makes managing the clients easy for you and provides the clients with the service that they want. I have listed some of the key areas which need detailed consideration below and provided some brief guidance for each.

What the modern Solicitor General does as a government officer in 2015, An interview with Robert Buckland QC and Member of Parliament? Interviewer, Phillip Taylor MBE, Richmond Green Chambers Reviews Editor, “The Barrister”

15 John Gould Senior Partner of Russell-Cooke LLP

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Bar Council announces launch of Pupillage Fair JUSTICE publishes ‘Law for Lawmakers’ a new guide to the law for MPs

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the barrister Michealmas term 2015


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