The Bar Standards Board (BSB) has launched a root-and-branch review of the future of the profession in the wake of the Legal Services Act.

A consultation paper was published this week (6 February) on a series of overarching issues such as how the Bar will be regulated, how barristers will be able to form partnerships with non-barristers and whether a compensation fund will be needed.

In particular, the consultation will address what changes to the rules need to be made in order to accommodate lawyers and non-lawyers combining legal services as part of an alternative business structure, or barristers and lawyers working together in legal disciplinary partnerships (LDPs).

The BSB, which regulates more than 14,000 barristers in England and Wales, will also be gauging opinion on whether the profession wants the BSB to regulate the new LPD structure.

In addition, the consultation will question whether the 'cab rank' rule, requiring barristers to take on a case brought to them, should be restricted to the self-employed Bar, as well as whether a compensation fund should be set up if barristers, for the first time, are able to handle client money.

The content of the Bar Vocational Course will also be considered, to gauge whether barristers would be able to provide litigation services in a similar way to solicitors.

BSB chair Ruth Evans said: "These are prospectively once-in-a-generation changes to the way in which barristers are regulated in the public interest, and the BSB is determined to devise a package, which creates the maximum benefit for those who have a stake in the services of the Bar."

BSB director Mark Stobbs (pictured) commented: "There are rules in place to protect barristers which mean they may not be able to take advantage of the new changes under the Legal Services Act. As we are the body that makes the rule changes, we want to make sure barristers are in a position to take advantage."

The consultation comes ahead of the implementation of the Legal Services Act, which is expected to come into full effect around 2011, and includes provisions such as outside investment into law firms.

Charles Hollander QC commented: "There is a complete lack of awareness in the profession as to the effect of the Legal Services Act. One of the important things is to try to get people to understand what is going on and the fundamental issues facing the Bar."

"Some of the biggest issues are whether barristers can practise in partnerships, and if they are permitted to do so, the important related issue of the 'cab rank' rule and the conflict problems which would arise. The 'cab rank' rule, which is there to promote access to justice, is something the Bar has always regarded as very important. There are likely to be strong views as to whether barristers should be allowed to practice in partnership and whether the 'cab rank' rule should be modified," he added.

The news comes as the Solicitors Regulation Authority consults on a 'suitability test' to evaluate the character and suitability of non-lawyer partners looking to work in a partnership structure.

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