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Remodelling the Bar

05 November 2009 / Timothy Dutton KC
Issue: 7392 / Categories: Features , Legal services , Profession
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Timothy Dutton QC considers the impact of the Legal Services Act on the independent Bar

Barristers tend to predict the demise of the independent or “Referral Bar” with monotonous regularity, only to be proved wrong at each turn.In the early 1990s the prediction was made with real anguish as the leaders of the profession saw exclusive rights of audience removed in the higher courts, where barristers had for centuries enjoyed a monopoly.

Demise came there none: the Bar responded by improving its standards of training, maintaining high standards of regulation with comparatively low levels of complaint and a good complaints record, with occasional praise coming from the Legal Services Ombudsman. 

What then will be the effect of the Legal Services Act 2007?  True to form there are those who predict Armageddon. But there are others who welcome the opportunities which the Act is said to provide. There are two issues which face the Bar:

How its regulator the Bar Standards Board (BSB) should respond to the Act. Should it permit partnerships of

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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