Prepare for Change

3 August 2010

  • Public finances are in a perilous state. 
  • The Government has no choice but to make cuts and to seek efficiencies in Departmental budgets. 
  • The Ministry of Justice is not immune from this, and in turn, neither is the Bar. 
  • Big changes are coming down the track whether the Bar likes it or not. The profession has around a year to prepare for that change.  

What the Bar does now will determine if these changes pose a huge opportunity or a grave threat.

In March of this year, under the last Government, the Ministry of Justice issued a paper entitled “Restructuring the delivery of criminal defence services”.  This contemplates a major rationalisation of criminal defence contracts. There will be a major change in the way the Legal Services Commission (‘LSC’) awards contracts for criminal legal aid. The move will see a preference for larger units bidding for fewer contracts. This will benefit the public purse by providing economies of scale from the restructuring of solicitors’ firms which is bound to ensue. You can read the paper in full here. And you should.

Although the Government has changed since March, all the indications are that the basic message of rationalisation has not.

The big change for the Bar is the prospect of being able to bid for contracts and thereby contract directly with the LSC. The Bar must equip itself to do so. This is no small feat.

Nicholas Green QC, Chairman of the Bar, has been travelling up and down the country, speaking to several thousand barristers and introducing ‘ProcureCos’. This is the model procurement company which will allow sets of chambers to contract directly with procurers (Click here to view the ProcureCo model). The Bar Council is now moving to the next step in the process of preparing the profession.

The Bar Council has set up a large working party to advise sets of chambers on how to contract directly with the LSC for criminal legal aid contracts. The group is made up of around 100 barristers, clerks and practice managers, representing the criminal, family, civil, commercial and chancery Bar and from all around England and Wales.

There are six sub-committees: the supervisory group (led by the Chairman of the Bar); the LSC contracting working group (which will draft a proposed contract, led by Michael Todd QC); the business models for the criminal and family Bar working group (led by Michael Bowes QC); the tendering processes working group (looking at how to win contracts, led by Richard Salter QC); the Government savings working group (looking at how the Ministry of Justice can save money without slashing legal aid rates, led by Paul Kelleher QC); and the PR and education working group (which will prepare the Bar via information, dialogue and training, led by Peter Lodder QC, Chairman-Elect of the Bar). Other working groups may be added in due course.

The programme of activity is vast. We will update you regularly as we approach the start line so that we can help you to compete on a level-playing field.

We will provide information, host events and seminars and arrange training to prepare you for all aspects of the new system.

The Bar Council, via its Member Services Board, is in the process of setting up seminars and courses which will be rolled out across the country in the Autumn.

Please do not simply hit the delete button when you see an email entitled “PREPARE FOR CHANGE”. The aim is to assist you, and to help you to survive. A huge number of barristers are already giving up their time to ensure that the Bar survives and flourishes, from the Chairman and Vice-Chairman down. Please do your bit to prepare for the future. Summer 2011 is really not that far away.

Our message is a simple one: You must start to prepare for change now.

For further information please contact:

Ariel Ricci, Executive Assistant to the Chairman of the Bar
Toby Craig, Head of Communications
Paul Mosson, Head of Member Services