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Strategic Plan 2006-2008


Click here to download the Strategic Plan 2006 - 2008

1. Introduction

1. A Strategic Plan was first developed for the three years from 2005-2008.

2. This is the first update of that original Strategic Plan.  There have been a number of fundamental developments since the Plan was first conceived.

3. This Plan:

(1) Restates the purpose and functions of the representative and regulatory sides of the Bar Council

(2) Outlines the main challenges facing the Bar

(3) Sets out the Bar Council’s main strategic aims for the next three years.

4. The Plan will continue to be reviewed and updated annually.

2. The Purpose and Functions of the Bar Council

5. The General Council of the Bar is the professional body for barristers.  Its role is to maintain, in the public interest, the strength and integrity of the Bar as a profession of independent, expert advocates and legal advisers.

6. From the 1st January 2006, the Bar Council’s regulatory role is being discharged by the newly established and transparently appointed Bar Standards Board (the ‘BSB’).  The new structures will pave the way for the establishment the Bar Council as a Front Line Regulator, as envisaged by the Sir David Clementi’s Report of December 2004, following legislation envisaged by the White Paper “The Future of Legal Services: Putting Consumers First” published in October 2005.

7. The general functions and powers of the Bar Council are as set out in paragraph 1 of its constitution and include a role to “maintain the standards, honour and independence of the Bar, to promote, preserve and improve the services and functions of the Bar, and to represent and act for the Bar generally as well as in its relations with others and also in matters affecting the administration of justice.”

8. The Bar Council’s representative roles will include the following activities:-

(1) Working with the Inns and others to enhance the standards of entrants and existing practitioners with particular reference to advocacy.

(2) Providing advice and guidance to barristers on good practice in terms of ethics, equality and diversity and practice management information to enable them to provide a high quality, competitive service to clients;

(3) Promoting the Bar by identifying sources of work for the Bar and publicising the advantages that the Bar can provide to clients and employers both in England and Wales and internationally and by encouraging the pro bono and other work that the Bar undertakes in the wider community;

(4) Pressing for appropriate fee structures for publicly funded work;

(5) Contributing to the extension of human rights and the rule of law in the developing world;

(6) Working with other stakeholders in the legal system here and abroad to ensure that the concerns of the Bar are properly reflected in initiatives dealing with the law and the justice system; and

(7) Considering long term policy for the Bar and its work.

9. The representative side of the Bar Council undertakes this work through a structure of committees reporting to the Council

10. The BSB’s regulatory role will include the following activities:-

(1) Maintaining and keeping under review a Code of Conduct which prescribes the ethical and other duties that barristers must obey in the interests of justice and which promotes, so far as is compatible with the public interest, competition, innovation and access to justice.

(2) Providing a means of redress for clients who have suffered poor service from barristers, taking action against barristers who breach the Code and monitoring the effectiveness of the Code in maintaining standards;

11. The BSB will undertake its functions through 4 regulatory committees, each reporting to the BSB.  They are to be called the Rules Committee, the Conduct Committee, the Qualification Committee, and the Monitoring Committee.

12. Both the representative and regulatory sides of the Bar Council are supported by a secretariat of some 85 staff.  We have the support of an external public relations consultancy.  Our principal sources of income are practising certificate fees, voluntary subscriptions and subventions from the Inns of Court.

13. The Bar Council’s mission statement is as follows:-

To promote and improve the services and functions of the Bar as a significant contributor to the administration of justice, and to ensure that a strong, independent and well-regulated Bar is promoted in a way which is consistent with the public interest.

14. The public interest is a crucial factor in the Bar Council’s objects. Its actions should also maintain the confidence of the Bar, Government and the public.

3. The Challenges Facing the Bar and the Bar Council

15. The Bar and the Bar Council face the following known challenges during the next 3 years:

(1) The crisis in the rates of remuneration for publicly funded work.

(2) Lord Carter’s Legal Aid Procurement Review in which he is considering the introduction of block contracting and competitive tendering for publicly funded advocacy services.

(3) The introduction of the new regulatory regime for the Bar headed by the Bar Standards Board.

(4) The establishment of the Legal Services Board and the Office for Legal Complaints.

(5) Scrutiny of the Bar’s rules by the competition authorities here and in Europe with particular reference to those concerning partnerships and the structure of Chambers, the conduct of litigation and access to the profession.

(6) Competition for the supply of legal services from other service providers, including the Alternative Business Structures envisaged in the White Paper.

(7) The need to improve the working relationship with the Government in general and the DCA in particular.

(8) Maintaining the unity of purpose between the employed and the self-employed Bar, and between practitioners practising in different fields including criminal, family, and commercial practitioners.

(9) The need to review the structure of the representative Bar Council.

(10) The new QC system.

(11) The need to resolve the issues surrounding deferral of call.

(12) Implementation of the proposed new fee contract for privately paid fees.

(13) The need to improve services provided to subscribers.

(14) Promotion of the Bar’s public profile.

4. The Bar Council’s Plan

The Bar Council will meet these challenges through work geared towards strategic aims falling into four categories: regulatory; representational, promoting and improving the strength of the Bar and administering the affairs of the Council properly.  The following plan deals with the main headings under each category.  It is supported by a detailed programme of work for individual Committees.  The first category of the plan falls entirely within the remit of the BSB and the regulatory programme set out here is intended to provide a starting point for the BSB which the Board is likely to amend as it develops its programme.
 
A: Acting as Regulator in the Public Interest to maintain the standards of entry and conduct of the profession.

Lead Committees: BSB and the Rules, Conduct, Qualification and Monitoring Committees.

The BSB will have three major tasks which overarch the specific tasks set out below. These are:

(1) Ensuring the efficient transfer of work over from existing committees to the new committees.  This relates particularly to the work of the Qualifications Committee and the Monitoring Committee.

(2) Keeping under review, modifying and changing as necessary, its own procedures and processes to ensure that they are transparent and in accordance with the Principles of Good Regulation with which, as an independent regulator, the BSB will have to comply.

(3) Participating actively in the debates and discussions on the development of the proposed regulatory framework for the provision of legal services but doing so in a way that demonstrates that it is acting independently of the representational side of the Bar Council.

The terms of reference of the BSB envisage that it will “prepare and keep under review a plan for the development and effective discharge of regulatory functions”.  Clearly this will be an early priority and it is hoped that what is set out below will provide a starting point for their work, without prejudice to the BSB’s ability to set its own priorities and working practices.

A1. Create a regulatory background which is suitable to attract the most able candidates to the profession from a wide range of backgrounds

The BSB’s role will be to monitor entry to and progress through the profession and to ensure that there are no unnecessary obstacles within the regulatory framework.

In 2006, the BSB will:-

A.1.1 Ensure that the entry requirements and training regulations are clear and transparent and take into account the public and consumer interest.

A.1.2 Review the outcomes of the monitoring of gender, ethnicity, age, disability and socio-economic background of those qualifying for and practising at the Bar in order to:

i. Ensure that the entry requirements and training regulations do not contain any unjustifiable barriers in respect of entry to, and training for, and progress through the profession;

ii. Draw attention to any issues arising from the review which the BSB considers that the Bar Council needs to address as the profession’s representative body. 

These will be on-going in 2007 and 2008.

A2.  Maintain and improve the standard of training for those wishing to practise as barristers and for those already practising.

In 2006, the BSB will:-

A2.1 Put forward for approval under Schedule 4 CLSA 1990 (as amended) new Training Regulations, including provisions for deferral of Call, and to respond to issues raised on the draft regulations by ofT, LSCP and the Secretary of State;

A2.2 Consider and approve the revised training requirements for the vocational stage (BVC) and
the procedures (including criteria to be used) and timetable for revalidation;

A2.3 Liaise with the Law Society on any changes that may be required to the academic stage of training;

A2.4 Consider and approve proposals for the amendment of pupillage checklists and for the further training of pupil supervisors;

A2.5 Review the procedures for the monitoring of standards of training on the BVC courses and in pupillage with a view to implementing any changes in September 2006.

A2.6 Consider and approve procedures (if any) for the monitoring of the quality of CPD provision and review existing procedures for ensuring compliance with CPD requirements.

A2.7 Put in place revised arrangements for dealing with non-standard entrants, dispensations and waivers from requirements, and obligations under the Training Regulations and the Code, and to review of the criteria used to ensure that they are consistent and transparent.
 
A2.8 Review the training and other requirements for practising barristers in the first three years of practice.

A2.9 Review the outcome of the Law Society’s Training Framework Review and consider the implications, if any, for training for the Bar   

A2.10 Pull together work being done in respect of the academic stage, vocational stage and pupillage with a view to creating a single statement of minimum competencies to be demonstrated by those entering practice at the Bar.

A2.11 Consider any recommendations of the “Richards” working party on non-practising barristers.

In 2007, the BSB will:-

A2.1.1 Oversee and approve the outcome of the procedures for the revalidation of the BVC.

A3 Ensure that the provisions of the Code of Conduct and the operation of the complaints system:

a) Remain appropriate for the public interest in achieving a well-regulated profession which is competitive, innovative and provides strong access to justice;

b) Provide guidance and information to the Bar to ensure that they are able to provide the best standard of service to clients; and

c) Provide an efficient and fair mechanism for adjudicating on complaints and disciplinary matters which recognises the interests of both complainants and barristers and which commands public confidence.

In 2006, the BSB will:-

A3.1 Keep under review the Code of Conduct and Guidance to ensure that it remains up to date and that its provisions are clear and user friendly;

A3.2 Define its role in respect of the provision of guidance to the profession generally and to individual barristers;

A3.3  Review the provisions of and procedures for the grant of rights to conduct litigation to barristers;

A.3.4 Review the working of the Public Access Rules from July 2006 with a view to the removal of unnecessary restrictions while ensuring appropriate protection for clients and the public interest.

A3.5 Ensure that the complaints system runs efficiently, effectively and to the highest standards and that the interests of complainants are not adversely affected during a period of uncertainty as to the future.

B: Develop policy and publicise the work of the Council and the Bar and make sure that the Bar’s views are properly presented to Parliament, the media and the public.

Lead Committees:  Remuneration, Legal Services, BPRG, International Relations, European, Public Affairs, Law Reform, YBC, EBC.

B1. Use all avenues to press the Government to provide a fair level of remuneration for publicly funded work.

In 2006, we will:

B1.1 Develop refined mechanisms for gaining information about fee levels for publicly funded work at the Bar.

B1.2 In the light of that information develop a strategy for improving remuneration for publicly funded work, dealing particularly with the outcome of the Carter Review and the need to secure appropriate levels of remuneration for the junior Bar in criminal cases and family cases

B1.3 Identify and refine future options for funding legal services, including a Contingency Legal Aid Fund, licensed access to the Bar, particularly through the not-for-profit sector and direct contracting with the Legal Services Commission.

In 2007 and 2008, we will

B1.1.1 In conjunction with Government and relevant  committees, implement agreed proposals arising out of the review of options for funding legal services.

B1.1.2 Continue to press for improved remuneration for members of the Bar from publicly funded cases.

B1.1.3 Review the sources of information about the earnings of the Bar to make sure that our negotiations are backed by the best possible information.

B2. Maintain the Bar Council’s role in contributing to the administration of justice both here and abroad so as to:

In 2006, we will

B2.1 Support the new system for selecting Queen’s Counsel.

B2.2 Provide high quality input to debates on law reform in respect of both domestic and European proposed legislation, keeping abreast of the political agenda and adapting our work as required.

B2.3 Build on existing links with the European institutions to put across the Bar’s views and defend and further the Bar’s interests, on EU initiatives in respect of the substantive law, the supply of services by barristers in other EU states and by EU practitioners here, and over competition concerns about our rules. 

B2.4 Maintain the Bar’s position as a source of advice, training and promotion of the Rule of Law abroad. 

B2.5 Continue to support the Free Representation Unit and the Pro bono Unit.

In 2007 and 2008, we will

B2.1.2 Seek to enhance the our profile in the field of law reform;

B2.1.3 Participate in debates on law reform and the services provided by the courts and maintain the Bar’s interest in this area

B2.1.4 Continue to monitor EU developments and, in particular, participate in the legislation and implementation of the Services Directive.

B3: Ensure the effective promotion of the profile of the Bar

In 2006, we will:

B3.1 Concentrate on the following issues:

B3.2 Institute a tender round to ensure that we are obtaining the best value PR service.

B3.3 Review and re-design the website.

C: To promote and improve the services and functions (including the training and diversity) of the Bar

Lead Committees: Legal Services, Training for the Bar, Professional Practice, Equality and Diversity, Access to the Bar, ADR, IT, Fees Collection YBC, EBC.

C1 Advise and assist the Bar to maintain and increase its work through more efficient ways of practising and new areas of work here and abroad.

In 2006, we will

C1.1 Maintain and improve our guidance on practice management and reach decisions following the review of the BarMark scheme.

C1.2 Liaise with the Legal Services Commission on issues concerning Quality Mark for the Bar and other quality assurance questions to ensure that its requirements remain relevant and practical for the Bar.

C1.3 Identify new areas of work for the Bar and encourage barristers to take advantage of these, particularly in the fields of ADR and licensed and public access.

C1.4 Market the Bar abroad as a source of expert legal advice, advocacy, mediators and arbitrators and ensure that our rules do not contain any unwarranted restrictions on the ability of barristers to offer services.

C1.5 Monitor the Bar’s experience of public access and identify any areas calling for action and contribute to the review of the scheme.  

In 2007 and 2008, we will:

C1.1.1 Establish further networks as part of the CLS to provide advice to clients of advice agencies and other providers.

C1.1.2 Build on International networks.

C1.1.3 Undertake a wholesale review of the Practice Management Guidelines.

C2. Provide services to the Bar which are directed to the needs of barristers in their professional and personal lives and provide suitable representative functions for the Young Bar and the Employed Bar

In 2006, we will:

C2.1 Work towards implementation of the proposed new contract for work with solicitors.

C2.2 Review the services provided to the Bar by the Bar Council and the work of BarCo to settle its role in meeting the needs of the whole Bar.

C2.3 Continue to provide advice on ethical and other issues that arise in practice for the Bar.

C2.4 Communicate with the Young Bar and ensure that the Young Barristers Committee represents its views effectively to Council and outside.

C2.5 Communicate with the Employed Bar, including by way of a conference, and ensure that the needs and views of the employed Bar are communicated to the Council and outside.

In 2007 and 2008, we will

C2.1.1 Carry forward decisions on the services we provide.

C3: Promote Equality and Diversity throughout the Profession

In 2006, we will

C3.1 Monitor the composition of the Bar to ensure that it remains a diverse profession in which talented individuals can succeed and identify and resolve why in particular female practitioners leave self-employed practice.

C3.2 Continue to provide advice to the Bar about the law and good practice in respect of equality and diversity.

C3.3   Work with others to assist disabled barristers and clients.

In 2007 and 2008, we will

C3.1.1  Assess the effectiveness of the new Equal Opportunities Code.

C3.1.2 Continue to monitor diversity within the profession and press for changes to address issues arising out of the reviews being undertaken.

C3.1.3 Provide further guidance and training for Chambers to take account of changes in the law.

C4: Attract the most able candidates to the profession from a wide range of backgrounds.

In 2006, we will

C4.1 develop and take forward existing initiatives designed to provide information for students from schools and universities which lack regular contact with the Inns or the Bar Council.  

C4.2 continue to monitor gender, ethnicity, age, disability and socio-economic background of individuals qualifying for and practising at the Bar and work to monitor origins in terms of socio-economic background.

C4.3 Explore ways of increasing the numbers of pupillage opportunities.

C4.4 Work with the Inns, circuits and other bodies to ensure that the resources available to support recruitment to the Bar are used effectively. 

C4.5 Take forward the recommendations of the Task Force on Funding Entry to the Bar (Calvert-Smith) in respect of the establishment of a voluntary scheme to raise funding for entry to the Bar. 

In 2007 and 2008, we will

C4.1.1 Take forward any issues arising out of our monitoring of entry and retention including advising on good practice in recruiting and retention policies.

C4.1.2 Continue to review our guidance to entrants to the Bar, particularly with respect to the website.

C5. Maintain and improve the standard of training for those wishing to practise as barristers and for those already practising.

In 2006, we will

C5.1 continue to monitor and improve the standards of training provided in the academic stage and vocational stage of training and pupillage.

C5.2 Agree with the Inns of Court the different roles of the Bar Council and the Inns in respect of the regulation and provision of training for the Bar, including admission to the profession and, where appropriate, to clarify practices.

C5.3 Implement Hirst Committee recommendations.

C5.4 Support and contribute to the implementation of the 2002 Dutton report on advocacy training and to the work of the Advocacy Training Council.

D: To run the affairs of the Council so that they support this plan

Lead Committees:  GMC, Finance

D1. Ensure that our affairs are conducted in a way which is administratively and financially sound,  which is properly accountable to the Bar and which carries out the priorities in this plan.

In 2006, we will:

D1.1 Establish a review panel to consider whether changes need to be made to the arrangements for electing the Council and reviewing the recommendations of the working group chaired by Lord Alexander of Weedon QC in 2000.

D1.2 Implement changes to staffing so as to support both the regulatory and representative roles of the Council.

D1.3 In respect of Bar Council staff:

D1.4 Continue to ensure that the activities of the Bar Council are carried out within the resources available so that, in the absence of a material change of circumstances, practising certificate fees should not rise significantly above the inflation rate.

 

Disclaimer
At the time of publication the information contained in this document was correct.  However since their formation the BSB have subsequently produced their own Strategic Plan and Business Plan.