Wednesday 25 February 2009

Down from my ivory tower...........


Barristers have over the years managed to build up an air of superiority over the rest of the legal profession. This is reflected in the question most often asked by a lay client about becoming a barrister, 'how many more years did you have to train to become a barrister after you had qualified as a solicitor?' In truth I probably had 6 months less training than a comparable solicitor.


Clear divisions within the legal profession between advocate/specialist barrister and generalist solicitor are now blurred. More and more solicitors are doing what barristers used to do and barristers are moving into areas previously reserved for solicitors. The major obstacle for solicitors has been the right to appear in higher courts whilst the obstacle for barristers has been the requirement for an instructing solicitor.


High Court Solicitor Advocates are now a fact of life and access to the Bar from the general public has been in place since 2004. Things started to change for the Bar in the late 80s.I


n 1989 the Bar Council allowed Barristers to accept work directly from approved professionals for the first time. This was known as Direct Professional Access. This went through a number guises turning into ‘Bardirect’ and finally becoming known as Licensed Access.This opened up the possibility for some professionals to be able to instruct barristers directly. This was used primarily by surveyors and accountants. The major drawback for the professional was that if their professional body was not approved then the individual or company had to register with the Bar Council.


In July 2004 it became possible for members of the public to instruct barristers directly. This was a major change for our profession and was for those of us who became involved in providing this service a steep learning curve.


I know a number of colleagues who believe that this erosion of difference will inevitably lead to a fused profession culminating in the end of the Bar as we know it. I am not so sure. The Bar has expanded massively over the last 20 years whilst these changes have been implemented. I do not think the changes will be the end of the Bar far from it in these difficult times the changes will help the Bar to survive!


Peter D

Monday 16 February 2009

A home away from home..........


Do you know how far away Norwich is? Well I didn't and so it was a surprise to me to find myself 5 hours into a train journey and still not 'nearly there yet'. The journey by train is one of nostalgia as you pull out of Liverpool Street in old Inter City rolling stock with slam doors! Mind you I have to say the seats give you a bit more space and are certainly more comfy than the new rolling stock on South West Trains.


I stayed over night at the very pleasant Oaklands Hotel and arrived albeit a few minutes late due to adverse weather at the Tribunal in Ber Street. At this point you are beginning to wonder what the important legal point is or perhaps the incite into procedure over there in the flat lands? Sorry to disappoint, that is not what this weeks entry is about.


This week I am simply giving praise to Norwich Employment Tribunal. The staff are friendly, the Tribunal were thorough and the day was not too long (we finished at just after 4 pm each day). Add to this the very good cafe just across the road from the Tribunal and I must admit to having had two very pleasant days in Norwich. The decision was reserved so before you even think it - I do not know if we won or lost.


Perhaps the key to success in Norwich is a small hearing centre with good friendly staff who knew what they were doing and more importantly took pride in it. It makes such a difference for the parties when everyone is treated properly by the staff and in the hearing.


Thank You Norwich.


Peter D