BARRISTERS INTERESTED IN NEW BUSINESS STRUCTURES, BSB SURVEY SHOWS

The results of a recent survey of the profession show that the vast majority (over 80%) of barristers want the Bar to remain as a separate and independent legal profession, regulated by the Bar Standards Board (BSB), with 35% likely to join new business structures within 5 years if these are permitted.

The Bar Standards Board (BSB) commissioned the survey from YouGov as it considers whether it should in the future begin to regulate legal businesses as well as individual barristers. The survey sought the views of barristers, clerks and practice managers about barrister only entities and new business structures permitted under the Legal Services Act 2007. The survey also asked whether restrictions in the code of conduct relating to litigation and direct access should be relaxed.

1,913 barristers and 141 clerks and practice managers responded to the consultation. Of those respondents:

? 88% of barristers think it is ‘fairly important’ or ‘very important’ to remain a member of the Bar as a separate and independent legal profession;
? 35% of barristers would be ‘fairly likely’ or ‘very likely’ to join a new business structure of one form or another in the next 5 years (this rises to 40% if these structures also allow barristers to conduct litigation);
? 43% of barristers expressed an interest in becoming a manager alongside a solicitor, while 23% would be interested in management or ownership with clerks or other non-lawyers.
? 6 in 10 clerks stated that they were ‘fairly likely’ or ‘very likely’ to join a new structure in the next five years;
? 68% of barristers ‘agree’ or ‘strongly agree’ that it is in the public interest for the BSB to regulate entities as well as individual barristers;
? 84% of respondents would prefer in principle for the BSB to regulate them (as opposed to the Solicitors Regulation Authority or any other regulator);
? A third of barristers described their understanding of the new business structures made possible by the Legal Services Act as ‘fairly good’ or ‘very good’, compared to 57% of clerks.

The publication of the report represents the first major step in the BSB’s consultation process on entity regulation and provides an evidence base to help inform a public consultation later this year. The consultation will set out the options for BSB entity regulation in more detail and allow for further consideration and analysis of the impact and potential benefits and risks to its regulatory objectives associated with these options.

Commenting on the report, the Chair of the Bar Standards Board, Baroness Deech DBE said:
“We are at an important crossroads for the future of the barristers’ profession. The Legal Services Act has the potential fundamentally to reform the delivery of legal services. It falls to the BSB, as an approved regulator under the Act, to ensure that consumers benefit from the reforms through improved access to high quality legal services.

“Barristers are at the coal face of delivering legal services to those who are most in need and it is imperative that the profession is properly consulted before the BSB makes any decisions on how those services are provided.

“We commissioned YouGov to design an accessible online survey to seek the views of as many practising barristers as possible. Over two thousand practitioners, clerks and practice managers took the opportunity to have their say. I am delighted that so many chose to respond.

“The results show some interesting trends – alongside significant interest in new business structures, the survey revealed the value placed on self-employed practice and on the cornerstones of a separate and independent barristers’ profession. This underlines the importance of producing a comprehensive consultation paper that delves more deeply into the most important issues that BSB entity regulation raises.

“We have also taken on board the need for more readily available information on the Legal Services Act reforms. Our new business structures roadshows earlier this year were an enormous success and we will be careful to communicate as effectively with the profession about the implications of possible moves to entity regulation.

“I am extremely grateful to everyone who took the time to complete the survey and hope that the profession is similarly forthcoming in responding to the consultation.”

ENDS

Notes to Editors

1. YouGov’s full report can be found on our website at: www.barstandardsboard.org.uk
2. To find out more about the BSB visit www.barstandardsboard.org.uk
3. Further information is available from Samina Ansari at the Bar Standards Board Press Office on 020 7067 0123.