'There is a risk the UK's legal system will be tarnished' - the challenges facing the Bar's future stars
Ben Rigby talks to the new leaders of the Bar Council and the Young Barristers' Committee about the challenges facing those up and coming at the Bar
February 01, 2016 at 08:00 PM
4 minute read
London's strength as a significant centre for the resolution of international disputes has provided a major boost to young barristers, new Bar Council chairman Chantal-Aimee Doerries QC of Atkin Chambers, believes, however cuts and changes at the lower end of the profession risk undermining the Bar's strength.
"While, traditionally, international work has been viewed as something for more senior practitioners, in my experience, this is no longer the case," she says.
"Lawyers from all areas of practice, at any stage in their career, are likely to be exposed to international aspects, ranging from divorces where husband and wife come from different countries, or from representing a foreign company in the UK courts, where the parties have chosen the UK as their jurisdiction of choice, to advising a foreign company on the UK Bribery Act."
She adds: "In my own area of practice, energy and infrastructure disputes, junior barristers are able to play an active role as part of a team in representing clients."
Doerries, however, warns of the risks that "the erosion of legal aid in social welfare and family disputes and the substantial cuts suffered by criminal legal aid practitioners, barristers and solicitors, undermines severely our justice system".
She adds: "There is a real risk that the reputation of London, and the UK, as providing excellence and an independent and trusted legal system will be tarnished overseas by this."
Despite offering excellence in advocacy, thanks to the Bar's relatively low overheads, its adaptability, and the freedom that the chambers' structure allows, there are risks to that brand, she notes.
"A very real challenge today, which did not exist before, is the substantial debt which most students collect at university and through the Bar Professional Training Course," is one such challenge she highlights.
"For those who qualify as barristers and find a pupillage and a tenancy, the challenge at the commercial and chancery side of the Bar remains as it always has been, building and maintaining a practice, and ensuring that you get a good spread of Court exposure."
One of the risks to London's status "is the appearance of there being two-tiers of justice; one for the rich and one for the poor".
That is not true for all: "By contrast, the years of cuts imposed on the publicly funded Bar have led to very challenging circumstances for some parts of the Bar, even after tenancy."
Doerries calls upon the government to ensure that publicly funded barristers continue to be able to work for them at rates which allow for a fairer payment structure for independent advocates, saying "we need to ensure that publicly funded barristers are able to survive and to progress in their careers."
It is a sentiment shared by new Young Barristers' Committee chair, Louise Nye of Landmark Chambers. Nye says also believes the commercial Bar has benefited from London's prominence in the legal world.
For her junior colleagues, "the main benefit to the young Bar is through the ability to work on larger and more complex cases as a junior, and through those cases to learn from the more experienced leading QCs and barristers. There is also the knock on effect of additional work at the lower end."
Like Doerries, however, the status quo needs preserving. Nye says that one of the risks to London's status "is the appearance of there being two-tiers of justice; one for the rich and one for the poor".
"The rule of law is the cornerstone of the English and Welsh justice system and the reason that our justice system is respected the world-over. That respect can be rapidly lost if it appears that the rich can buy justice, through affording court fees and expensive lawyers, whereas the poor cannot access the courts as the fees are prohibitive and litigants cannot gain representation as they simply cannot afford it.
"The appearance that justice can be 'bought' should be avoided."
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