It is almost 3 years since I advocated reform to paragraph 401 of the Bar's Code of Conduct. This rule prevented Barristers from engaging in party and party correspondence. The prohibition stifled work in Public Access cases. I began a campaign to change the rule by writing for Counsel magazine on this topic, through my Vice Chairmanship of the Access to the Bar Committee of the Bar Council and by organising a seminar through the Public Access Bar Association, which I founded and chair. The Public Access rules enabled Barristers to negotiate a settlement orally, but not to put the same thoughts into a letter written on the Chambers' letterhead. This distinction between written symbols and sound-waves was an absurdity.
The BSB set up a working group of which I was a member. I advocated a lifting of the Bar's ban on correspondence. I also advocated a removal of the prohibition on Public Access instruction in criminal, immigration and family cases. My colleagues agreed with these proposals.
The working group adopted all these ideas and reported back to the BSB. The BSB, to its real credit, approved these rule changes in July 2009.
On 1st April 2010, the new Legal Services Board approved the rule changes and from this date, Public Access Barristers can now write and send correspondence in the course of their work.
The enfranchisement of the Criminal, Family and Immigration Bar is a fascinating development. The Criminal Bar, after years of oppression so far as legal aid fee rates are concerned, has come out fighting. It wants new business structures, a level playing-field with solicitors in procuring government work and is embracing Public Access work as part of these changes. 50 members of one top criminal set have just joined the Public Access Bar Association.
The Family Bar shows little interest in direct access work at present, but this blinkered view will surely change in ancillary relief work. The Immigration Bar is an unknown quantity, but one can expect gradual change here too.
The policy-making arm of the BSB is a liberalising influence and is open to sensible argument. This attitude is to be welcomed. The Legal Services Board has responded quickly and efficiently to the BSB's application for the approval of rule changes and deserves the Bar's warm appreciation.
