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15 July 2011
Issue: 7474 / Categories: Opinion , Profession
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Stop the Bar wars

Geoffrey Bindman warns against a professional civil war

Simultaneous social and political pressures—the economic downturn, legal aid cutbacks, the removal of restrictions on the participation of non-lawyers in the provision of legal services (alternative business structures)—confront the legal profession with challenges to its very existence. A possible response to government imposed changes might be graceful submission, recognising our subservience to the public interest and the democratic process. Reality teaches us, however, that those whose self-interest is threatened will fight to defend it.

Civil war

It would seem sensible nevertheless for the separate branches of the profession to meet the challenge to its survival with a united, or at least co-ordinated, response. A unilateral grab by one branch for the bigger slice of a dwindling cake seems an obvious recipe for disaster. That way looms civil war.

Yet this is exactly what the Bar has embarked upon. The government’s stated intention of paying a single fee per legal aid case stimulated unilateral trench warfare. The single fee leaves it to the contracting party—normally the solicitor—to

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NEWS
Pathfinder courts—renamed ‘Child focused courts’—are to be rolled out nationally, following a successful pilot where backlogs halved and cases were resolved up to seven and a half months faster
The Court of Appeal has unanimously dismissed a £385,000 costs order against a father, in a case that centred on what is required to meet the threshold of ‘reprehensible or unreasonable’ behaviour
Centuries-old burial laws would be overhauled, under Law Commission proposals to address the burgeoning problem of shortage of cemetery space
The government has committed an extra £32m to women’s charities and services tackling addiction, trauma, abuse and homelessness
The Financial Ombudsman is poised for major reform to return it to a simple, impartial dispute resolution service
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