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C i r cu l a t ed FREE to Ba r r i s t e r s ’ C l e r k s i n t he Un i t ed K ingdom
HEALTH WARNING:This magazine contains comments that may disturb the bar
PAGE 6Cookies
PAGE 11Riverview
PAGE 19Ted & Alice
PAGE 27Film Review
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H T T P : / / M A G A Z I N E . C L E R K S R O O M . C O M
E D I T O R ’ S PA G E
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Let’s face it, Team GB did us proud and London pulled off a spectacularshow. It is the greatest [and most expensive] marketing exercise percapita in my and probably your lifetime. I hope that you, your childrenand grandchildren benefit. Mind you, part of that success will comefrom our ability to service smoothly the extra millions of visitors to GB,a high proportion of whom will come from the Far East.
Boris Johnson has made mistakes. The biggest was to tell Londoners and anyoneelse listening not to come to London during the Games as it was going to be chaos.He should have said London is big enough for the spectators and the tourists. Sothe winners could have been the West End as well as the East End of London.
The main 2 weeks coincided with the main weeks at the start of school holidays sothose who could afford to be abroad were abroad. 1million Games spectators are afraction of those who have fled the country or visitors who have just stayed away.
One proposal Boris had got right for me is building a new airport the size ofHeathrow or bigger to the east of London on the Thames Estuary. Whilst otherpoliticians and organisations argue over one more runway at an existing airport,China are to build 20 new airports each one the size of Heathrow, and one of theirmajor airlines has picked Paris as their central European hub. Heathrow has alreadylost that battle.
If we learnt anything from the Victorians and other generations portrayed in theOpening Ceremony, we should be building to last for a century and more. Think“Long Haul” in more than one sense! And get on with it!
Thank you to all those who volunteered articles for this edition. It is gratifying toknow there are a growing number who are willing to give time and support to themagazine.
Because of the Olympics and holidays, we have decided this month will be the“August” edition. It enables us to get back to publishing the magazine in thecorrect calendar month.
This decision has made us short of space for this edition, so apologies to the fans of“What makes a clerk tick?” feature which will return next month.
Clerksroom Magazine is produced under licence by JAR Holdings Limited, 9 Old Coach Road,Kelsall, Cheshire CW6 0QL. 07734 995 902
Bob Moss
1
You will see an article supporting a split into two new trophies, one forFemale and one for Male Sports Personality of the Year. If any male readerthinks this is wrong and would like space to reply, please email me.
0844 815 5580 [email protected] www.irislegal.co.uk
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The Terms of Work on which barristers offer theirservices to solicitors and the Withdrawal of Creditscheme (the most common basis of instruction), asreproduced in Annexe G1 of the current Code ofConduct, together with the contractual version of thoseTerms at Annexe G2, will be abolished.
These terms will be replaced in the Code by the"Standard Conditions of Contract for the Supply of LegalServices by Barristers to Authorised Persons 2012".
The Cab Rank Rule will be amended so that, instead ofapplying to the Terms of Work referred in point 1 above,it will apply to the new Standard Conditions of ContractAND to the terms which the barrister or his chambershave published as the barrister's standard terms. Theusual exceptions to Cab Rank Rule will continue toapply e.g. not being available, being professionallyembarrassed etc.
The new Standard Conditions of Contract have beendrawn up so that they apply not just to solicitors butalso to all "Authorised Persons", which here refers topersons/bodies authorised by the Law Society/SolicitorsRegulation Authority under paragraph 18(1)(a) of theLegal Services Act 2007.
The new Standard Conditions will NOT operate asdefault terms.
Barristers are still free in any individual case to agreedifferent terms or, if they wish, to agree to no terms, andmay amend the new Standard Conditions of Contract
(subject of course to the Bar Code of Conductobligations).
The Withdrawal of Credit List will be replaced by anadvisory List of Defaulting Solicitors. The effect of this isthat it will no longer be a Code of Conduct requirementto refuse work on credit from solicitors named on theWithdrawal of Credit List. Instead, a barrister will havethe right, under the amended Cab Rank Rule, to refuseinstructions on credit from solicitors named on that Listif he so wishes. However, the advisory List of DefaultingSolicitors will apply only to solicitors.
The complaints procedure for the List of DefaultingSolicitors will be very similar to the present Withdrawalof Credit Scheme, except that complaints to the BarCouncil can only be made in respect of non-payment ofjoint tribunal awards or where judgment has been givenfor unpaid fees arising from work carried out under thenew Standard Conditions of Contract.
Under transitional arrangements, the solicitors named inthe Withdrawal of Credit List will be transferred to theList of Defaulting Solicitors. Although the current Termsof Work will no longer exist when this change takeseffect, complaints can continued to be made to the BarCouncil in respect of work that had been carried outunder those Terms of Work.
It is anticipated that these changes will be put intoeffect at the end of October 2012, but furtherinformation will be issued to the Bar, together withguidance
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List of Defaulting Solicitors coming soonThe Bar Council issued a press release at the beginning of August.
On the 27 July, the Legal Services Board consented to a change in the Cab Rank Rule of the Bar Code ofConduct to replace the current Terms of Work with new standard contractual terms. The practical effect of
the changes, due to begin in October this year, are detailed below.
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The Sports Personality of the Year award was started in
1954 with only one award at the time yet over the years
new awards have been
introduced – for example 8 new
awards in 2008 and the
Lifetime Achievement Award
presented annually since 2001.
Times change (and the level of
achievement in sport) and so do
the awards.
The Olympics have shown awe
inspiring physical feats, team
work and record breaking
performances by both men and
women. How do you decide
between Jessica Ennis who gave a stunning
performance to win gold for the heptathlon or Bradley
Wiggins for his awesome achievement in cycling for the
Sports Personality of the Year award?
And the list of British female Olympians is impressive.
From Laura Trott, born with a collapsed lung and yet
winning double gold in track cycling to Nicola Adams’
boxing and Gemma Gibbons impressive judo skills. Then
there is Helen Glover and Heather Stanning seizing gold
in the women’s pair and Katherine Grainger and Anna
Watkins in the double sculls. You also have to mention
Sophie Hosking and Katherine Copeland winning in the
lightweight double and Dujardin
winning two gold medals in dressage.
These are all very impressive
sportswomen at the top of their game
and any one of them would be worthy
winners of the Sports Personality
trophy.
All the medal winners, gold silver and
bronze, are great role models for
female school children and young
adults.
Unbelievably, women receive little more
than 10 per cent of the funding for training for the
Games yet clutched almost half of our 28 gold medals.
Surely it is time to redress the balance of inequality in
sport with a Female Sports Personality of the Year award
- and show the world that we are serious about both
our female and male athletes. Daley Thompson recently
wrote: “We are the biggest little country in the world
and a little shy to say how great we are at times”. After
a hugely successful Olympics, now is the right time to
present a separate Sports Personality of the Year award
to men and women athletes.
Time to recognise our Great British athletes –men and women
The Olympics showed the best of British talent and the staggering achievements of both sexes. Should
one of the legacies for the 2012 Olympics be an annual recognition of men and women through a Male
and a Female Sports Personality of the Year award? Is it time for two separate Sports Personality of the
Year awards, to recognise the success of both sexes in sport?
by Lisa Wilson
A R T I C L E
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6 Continued on page 8...
According to a study by PWC from 2011, just 13 per
cent of people fully understand how web cookies work
and 45 per cent had "some understanding" of them.
Meanwhile a KPMG study reveals that 95 per cent of
websites aren't yet compliant with the EU's new law. As
a result, we've created a simple guide to cookies, the EU
"Cookie Law" and how to comply with it.
What is a cookie?
A cookie is a very simple text file that gets downloaded
onto your PC when you visit a website. They generally
contain two bits of information: a site name and a
unique user ID. Once the cookie is on your computer, the
site "knows" that you have been there before and can
then use that knowledge to tailor the experience that
you have. The vast majority of commercial websites - be
they major online publishers, banks or ecommerce sites -
will use them.
What are they used for?
Cookies are used for many different functions including
auto-filling forms, counting visitors, storing shopping
basket items, personalising content, targeting
advertising, recording user preferences, and for
authentication and security.
How many cookies do sites drop?
According to a UK study by Trust-e, the average website
has 14 cookies per page. Roughly 32 per cent of these
come from the website owner and 68 per cent come
from third party companies, which could be analytics
companies or companies that deliver advertising.
However, sites developed by Morphsites don't tend to
use any cookies, other than a temporary "session"
cookie, that gets deleted once a user leaves the site. This
is considered an "essential" cookie and contains no
personal or tracking data.
What is the so-called "Cookie Law"?
The "Cookie Law" stems from a modification to the EU
Privacy and Electronic Communications Directive, which
took place in November 2009. It aims to safeguard
privacy online and protect web users from unwanted
marketing. Cookies can be used to build up a profile of
where you have been and how you have behaved
online. The law aims to make sure that any company
seeking to collect information about a web user must
ask for their consent first. Prior to this modification,
websites had to allow people to opt out of cookies. Now
they have to opt in to all "non-essential" cookies. The
law was imported into UK law in May 2011, but UK
companies were given one year to comply. The deadline
for compliance is 26 May, 2012
Who needs to comply with it?
The law applies to all member states of the European
Union. Websites outside of the EU must comply with the
law if they are targeting people within member states.
So a website based in the USA that sells to people in the
UK will also have to comply.
Cookie LawFrom May this year, UK websites are required by law to comply with the EU "Cookie Law" which means
that companies must gain the consent of web users before serving them web cookies. The problem is,
most people don't really understand what cookies are and how they are being used already.
by Peter Fairburn
Established
provider of
high quality
Creative Design,
Artwork & Print
to the legal
professions.
0161 777 6000
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How do I know if the website I operate uses
cookies?
If you have any advertising or analytics tools you are
likely to be serving cookies. However, if you want to find
out exactly what cookies your site serves, there are a
number of cookie audit tools that allow you to do this.
Firefox has an extension called View Cookies, but there
are other tools including the Attacat Chrome extension,
Trust-e's cookie tracker and Tagcert. It's worth clearing
your browser cookies before you do this. Remember that
not all cookies are bad cookies -- some of them may be
"strictly necessary" (see above).
How do sites comply with the Cookie Law from
26 May?
Technically, from 26 May, sites must gain the consent of
their web users for placing non-essential cookies on
their computers. The definition of consent is open to
interpretation, but must involve some form of
communication where the individual knowingly indicates
their acceptance. This may involve clicking an icon,
dismissing a banner, sending an email or subscribing to
a service.
What happens if sites don't comply?
Technically, the maximum penalty for not complying is
£500,000 for cases where there is a deliberate breach of
the law that causes substantial distress. There are also
smaller penalties such as being sent an information
notice or an enforcement notice. However, this will be an
incredibly difficult law to police and enforce as it affects
so many sites.
20 great links for your website!
As an aside from all this talk of cookies, which is no
doubt making your mouth water, here's another useful
tip for you!
All of these websites will give you a free link, which
Google will take note of, perhaps giving you a little
nudge in your search engine ranking.
1. www.dmoz.org
2. www.hotfrog.co.uk
3. www.zeezo.com
4. www.infotiger.com
5. www.illumirate.com
6. www.arakne-links.com
7. www.mastermoz.com
8. www.searchsight.com
9. www.pegasusdirectory.com
10. www.webworldindex.com
11. www.worldwidewub.com
12. www.wowdirectory.com
13. www.directoryarchives.com
14. www.yeandi.com
15. www.turnpike.net
16. www.joeant.com
17. www.qango.com
18. www.somuch.com
19. www.jayde.com
20. www.txtlinks.com
...continued from page 6
Peter Fairburn is at Morphsites on
01460 984284
www.morphsites.com
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The Bar Council has already taken advice on whetherreferral fees amount to bribes, though that advice has notbeen made public.
While the bar’s code of conduct prohibits commissionpayments for work, its rules do allow for advertising andpublicity. But a BSB meeting heard that some solicitors askfor referral fees when passing work to barristers, and thatsome barristers are looking into forming an entity regulatedby the Solicitors Regulation Authority in order to be able totake fees.
BSB vice chair Geoffrey Nice QC noted an example of abarrister who had a previously booked case taken awaybecause they were not prepared to hand over 20% of thefee to the solicitor. The government is set to introducelegislation that would ban referral fees in personal injurycases next April.
BSB chair Lady Deech suggested putting together a list ofsolicitors who take referral fees.
Agreeing, barrister member Patricia Robertson QC said: ‘Ifwe know who the solicitors are, we could name and shamethem. Solicitors have no business offering referral feesknowing full well that it’s a breach of the bar’s code ofconduct.’
Robertson highlighted the conflict between the regulatoryregimes of the SRA, which permits referral fees and the BSB,which does not.
She said: ‘The SRA is in a difficult position as it’s becomethe established practice on their side of the fence.’ But shesuggested further engagement with the SRA to requireclearer disclosure about such payments.
An SRA spokesman told the Gazette that if a solicitor wereto request a referral fee in the knowledge that it would putcounsel in breach of their regulatory obligations, thesolicitor would be at risk of breaching their code of conduct,
specifically of failing to act with integrity and taking unfairadvantage of a third party.
But he said that it is primarily the duty of counsel to ensurethey do not do anything that would put them in breach oftheir code of conduct. He said: ‘There is, however, a widerpoint in that any referral a solicitor makes to a third party(such as counsel) must be in a client’s best interests, andnot merely because the third party is prepared to make apayment to the solicitor for the referral.’
The solicitor, he said, should properly account to the clientfor any financial benefit they receive as a result of theclient’s instructions - and pass on to the client savingsgenerated through the referral fee.
The Legal Services Commission said its contract withsolicitors does not allow the acceptance or payment ofreferral fees in publicly funded cases. A spokesman warned:‘We carry out regular audits to ensure firms are contract-compliant, and if we find evidence of someone accepting orpaying referral fees, we can take action
A commentator replied: “Whilst I am not advocating thatbarristers should pay referral fees, barristers do clearly wantto have their cake and eat it.
Firstly, the biggest challenge for most law firms is getting inenough of the right quality of work. This cost real money –whether it's web related marketing, telemarketing,advertising or inviting clients to events. Barristers howeverget their share of the lucrative resulting work completelyfree – all solicitors get in return for most barristers is,perhaps, an invite to an annual drinks party.
And remember; at the same time, many of these barristersare looking to get involved marketing directly for criminallaw or proposing to take clients directly, without the need ofan inconvenient solicitor. My advice to the bar in general –be careful not to bite the hand that feeds you i.e. ussolicitors.”
Bar should ‘name and shame’ solicitorsThe Law Society Gazette website carried an article suggesting that naming and shaming solicitors who
seek referral fees for passing work onto barristers has been mooted by the Bar Standards Board in a bid
stamp out the practice.
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Where the real focus should lie is in identifying a servicethat best meets the needs of the customer and workingback from there.
It is this viewpoint that forms the underlying foundationfor Riverview Law. Based on a careful and thoroughassessment of the legal and commercial requirements ofbusinesses, it has been penned from a blank sheet ofpaper viewed purely from a customer perspective.
Perhaps ironically, the resulting organisation is not anykind of ABS, but a combination of traditional structuresthat could have existed before the LSA was conceived. Riverview Law contracts with businesses to procure legalservices for them on a fixed-fee basis. The legal servicesare provided by Riverview Solicitors and RiverviewChambers, the former an independent SRA-regulatedsolicitors’ practice, the latter a formally-constituted setof chambers whose members are regulated by the BarStandards Board.
The customer proposition
The aim of Riverview Law is to change the waybusinesses use, measure and buy legal services. Briefly, this means using flexible teams of barristers,solicitors and other personnel (legal and non-legal)designed around the customer’s requirements andcircumstances. It means providing the right team for thejob in conjunction with sophisticated technologyenabling continuous online customer access to caseprogress. It means the application of technology to measure the
use of legal services, based on the customer’scommercial objectives, by providing tailoredmanagement information extracted from business, caseand activity data.Finally, it means buying legal services differently, in away that provides price certainty for the customer,whether for a discreet, one-off piece of advice or anannual contract covering unlimited access to legalservices within a pre-agreed service scope.
Applying the strengths of the Bar
It is no coincidence that deciding on “the best team forthe job” in litigious or potentially litigious matters tendsto result in a barrister-led team, with the barristerbecoming involved at the very early stages ofinstruction. This usually takes the form of an initialconference or telephone conference, in which thebarrister discusses the case background, identifies thecustomer’s objectives and provides initial, strategicadvice as to the options available and what steps arerequired to pursue them. This enables a decision to bemade collaboratively as to how the case shouldprogress. The legal team is then built around this toprovide the appropriate level of resources.
This approach also provides customers with the benefitof advice from someone with experience of taking casesto trial and the resulting insight as to the best strategicapproach from the outset. Feedback thus far clearlydemonstrates how much customers value the clarity thisprovides.
Riverview Law – a different view for the BarWith the Legal Services Act 2007 (“LSA”) and alternative business structures dominating the legal
headlines, it is all too easy to overlook the fact that the purpose of legal services is to do just that –quite simply, to provide an actual service. The seemingly exaggerated focus on how organisations arebeing structured post-LSA appears rather misplaced, given that one of the stated primary regulatory
objectives of the LSA is to promote the interests of the consumer.
Continued on page 13...
by Jeremy Hopkinsby the Editor
A R T I C L E
It is important to note that Riverview Chambers doesnot offer services under the Bar’s Public Access scheme.Members are instructed by Riverview Solicitors. Inpractical terms, the barrister is in most cases instructedto liaise directly with the client up to the point ofproviding the initial advice. Riverview Solicitors isinvolved as required to conduct litigation, includingtasks such as evidence gathering, the issue ofproceedings, correspondence and general casemanagement.
Although Riverview Chambers clearly contains a wealthof top quality barristers, with market-leading specialistsat all levels in key practice areas, it should be noted thatthe “best team for the job” approach means that whereappropriate Riverview instructs members of the Bar fromother sets, as well as external firms of solicitors. Ifcustomer demand requires new areas of expertise orincreased capacity in existing ones then chambers willgrow to meet this, but not before providing a regularstream of quality work for its existing members.
Price certainty
The Riverview Law approach is to provide customerswith as much price-certainty as possible. This includesoffering fixed prices in matters such as employmenttribunals and county court litigation.
Obviously this is more difficult when it comes to theinherently unpredictable proposition of complex HighCourt litigation, so a realistic approach has to be takenin these situations. Fixed fees are quoted on a stage-by-stage basis for reasonably foreseeable events,accompanied by assumptions and contingencies whereapplicable. Overall estimates can be given, but onething that does not happen is excessive caveating. Afixed fee “unless it takes longer than expected” is oflittle use to a customer seeking to work within a budget.
The Bar has for many years worked on a fixed fee basisand this approach continues to work smoothly forRiverview Chambers and, more importantly, for itscustomers.
Promoting the Bar
Riverview Law’s approach aims to raise the profile of theBar by using to best effect for customers its inherentstrengths derived from its advocacy focus.
Accompanying this is an organisation which isstructured so as to be able to provide strong sales andmarketing expertise and resources. Combining thesewith its uniquely flexible way of delivering legal servicesopens up far-reaching channels for marketing tobusinesses both domestically and overseas. Even in itsearly days, Riverview is instructing its members onbehalf of a wide variety organisations, ranging fromSMEs to multinationals across diverse industry sectors.The work has been both litigious and non-litigious,involving practice areas including commercial,employment, company, financial services and intellectualproperty. Members have also been acting for individualsin high-value divorce cases.
Strength in relationships
With barristers being such a key part of the Riverviewoffering, naturally importance is placed on ensuringeffective and mutually beneficial relationships. This isillustrated by the appointment of two experiencedbarristers’ clerks as key members of the Riverview team.Members of Riverview Chambers retain membership oftheir existing sets and the respective clerks’ rooms workclosely together to ensure the smooth and seamlessmanagement of instructions as well as fair andappropriate allocation of work. In addition, the fixed feemodel has a key advantage in that it facilitates theprompt settlement of fees.
The future
With the legal marketplace undergoing a rate of changeunprecedented in its long history, the increase in thelevel of commercial pressure on sets looks likely tocontinue. Organisations such as Riverview Law whichlook to capitalise upon the Bar’s strengths by applyingthem effectively to meet customer needs look set toform an increasingly significant source of sustainablebusiness for barristers. Similarly, the qualities of the Barare essential for such organisations to keep growingtheir market share by maintaining their ability to providethe highest quality service. This sort of equilibrium canonly be a recipe for strength, sustainability andultimately the genuine competitive advantage needed tomaintain the Bar’s standing at the forefront of the legalservices marketplace(Jeremy Hopkins is Director of Operations at RiverviewLaw)
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The relevant sections set out requirements for common
business objectives, strategies and ‘visions’. The
Chancery Bar argue in their response that requirements
for such commonality of purpose illustrates a
misunderstanding of the independence of individual
members of chambers, that an implementation of the
Standard could undermine that independence, and in
turn devalue the service available for the client.
In November 2011 the investment bank Espirito Santo
published a detailed and compelling analysis of the
impact of a number of key changes on the legal services
market, the most immediate being the introduction of
ABS.
Any member of the Bar speculating on the need for
chambers to operate as businesses would be well
advised to read the Report. In addition to a detailed and
well thought out analysis of the market the report
provides an excellent summary of the drivers for change
and an evidence based view of how the market is likely
to develop.
In summary, the majority of the 10,400 solicitors firms
currently operating are likely to go, many being
subsumed into larger entities. The Report parallels the
deregulation of the accountancy profession in the 80s,
which resulted in 75% of business being concentrated
into 4 firms. The breadth of services covered by solicitors
is wider than those provided by accountants, as is the
range of clients they serve. Such a drastic consolidation
as seen in the accountancy profession may accordingly
be unlikely. Of the 10,400 current firms 85% (8,800)
have 4 or less partners, Espirito predict the possible
consolidation of the majority of the work done by those
8,800 small firms in to 5-10 larger entities.
Whilst the Report deals predominantly with work
currently done by solicitors the implications for the Bar
must be clear to all.
Within many, if not the majority of firms, there is
currently little strategic thought given to instruction of
counsel. The decision of who to instruct is often taken at
a remarkably low level. Entities in the future will
purchase on the basis of best value. Best value is not of
course just about money. A cheap yet poor service is not
good value. Key issues will be cost, quality, customer
service (to both professional and lay client) consistency,
efficiency, reliability and continuity.
The Bar Business Standard -Are Barristers in Business?
In May 2012 the Bar Council published for consultation a final draft of the new Bar Business Standard.
Among responses to consultation is that of the Chancery Bar, which challenges a fundamental preposition
of the Standard that barristers are in ‘business’ and in particular criticises requirements of the sections of
the Standard dealing with strategic development and operational management.
Continued on page 14...
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...continued from page 11
by John Binks
A R T I C L E
The dominant entities emerging are going to be run by
people with high level commercial management
experience; for the most part they are unlikely to be
lawyers. They will view the purchase of services from the
Bar as the sourcing of a necessary commodity required
for the proper functioning of those businesses. Big firms
will have big buying power. They will inevitably look to
get the best value that can by placing high volume with
specific chambers or with specific groups of chambers.
The Co-op Legal Service which aims to employ in excess
of 3000 fee earners by 2017 is already engaged in such
a process.
.
Chambers that wish to gear themselves up to compete
for such work will need to plan and deliver as a unit.
Failures by individual members who do not wish to
comply with agreed standards may have catastrophic
results for the whole. Like it or not – there will be
‘corporate responsibility’
So do chambers need to act as businesses? For all but a
small number the answer must be yes.
For a happy few practitioners their level of expertise may
be so high, or the types of services they supply may be
so niche that they will always find themselves in a
sellers’ market, and those who wish to use such services
will be compelled to buy then on the terms on which
they are offered.
That group is a certainly not the entirety of the bar and
may not ultimately even be a significant fraction. The
constant ingress of employed advocates into what was
once regarded as specialist territory of the independent
Bar has demonstrated that. As firms get larger
( and with over 3,000 fee earners aimed at providing
‘high street’ services CLS will dwarf the largest firms
providing such services today ) it will start to make
commercial sense to employ advocates to carry out
what in some current volume operations may today be
regarded as’ niche’ or ‘specialist’ work . The rate and
final extent of ingress depends on the independent Bar
itself and on how quickly it can respond, if at all, to
change. It must ensure that it is offering services which
are attractive in new markets.
For the majority there will be opportunities to offer
services as a referral profession (albeit not perhaps from
a traditional chambers structure) but those that succeed
will develop their current business model to a position
where they can supply the requirements of the
developing markets. Development of a corporate
approach to working, with joint strategies and common
vision can enable elements of the Bar to continue to
operate as an independent referral profession. Operation
as a business is a solution, and not a change to be
avoided.
Whilst many individuals may not wish to change the
way in which they offer services, all indications are that
those who purchase fully intend to change the way in
which they buy them. Those at the Bar who would wish
to remain in a form of independent practice should
welcome the new Bar Business Standard. As with all
such Standards however its requirements should be
regarded as a threshold level at which to provide
services rather than a level for which to aim
.
John Binks is at Bar Consultancy Network
I S S U E 1 2 4 - A U G U S T 2 0 1 2
14
...continued from page 12
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A R T I C L E
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16
Red Bar Law was formed in September last year and
applied to the Solicitors Regulation Authority for ABS
status in January. The SRA confirmed it had become the
ninth organisation to be granted a licence, which
became effective from the 10th July.
The firm was set up by management consultant Hatti
Suvari and solicitor John Esplen, a partner for seven
years at south-east firm Barnes & Partners.
Suvari told the Gazette that Red Bar Law has a roster of
120 barristers for work in litigation, divorce, probate,
contract law and professional negligence. ‘I don’t
believe any other firm works in the same way that we
do,’ she said.
‘We offer fixed pricing from the beginning and take
them to the barrister from day one to give them a more
informed opinion from the beginning.
‘This gives us a chance to negotiate with the barrister -
we can pay them within 24 hours of the case being
taken on and they’re happy to reduce their prices
because they know they’ll be paid immediately.’
The firm’s website sets out the prices which it says
clients can expect to pay for legal work. It promises that
divorce cases with a small asset base will cost between
£10,000 and £12,000, with cases involving a large
asset base costing up to £35,000. Contract issues such
as a sale or purchase of a business can be resolved for
£4,500-£6,000, whilst litigation matters cost from
£1,000 for small issues to £40,000 for complex cases.
The pricing structure stipulates that a barrister’s opinion
can be obtained from as little as £75 per hour. The firm
states it will save at least 30% on costs for all clients,
adding: ‘A traditional law firm will often quote you a
lower figure at the beginning of your matter. We strongly
believe that clients are best served by knowing the
realistic costs from the outset.’
Suvari said the firm, which is headquartered in Holborn,
will later this summer seek to add to its staff solicitors
who can work from home
Barristers work well with Red Bar Law because we
quickly identify what work is required, the costs involved
and we pay the Barrister promptly upon completion of
the work.
Perhaps the most disconcerting aspect is that they offer
a 24/7 service even on Bank holidays. They may deliver
via an out-of-hours service company, but surely nobody
with a life wants this level to become trend setting!
Fixed fee at £75 per hour?The Law Society Gazette recently reported that a new law firm which promises clients fixed fees and
immediate face-to-face meetings with barristers has become the latest alternative business structure
(ABS).
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Dear Ted & Alice,Here are a few Olympics stats to make your haircurl. My chambers have so far sent out a recordnumber of chasing letters for fees and remindersto get papers back. All the time we are goingthrough the pain barrier never knowing whatour capacity is. There have been some staggeringindividual highs for the number of times I havebeen asked the same question by the samebarrister, with several of them achievingpersonal bests.
Alice: It is a good job this only happens once every fouryears. I suggest you book a holiday in Rio 2016! A
single ticket would do. Talking of which, how did
it cost TFL to come up with the advert for the
Tower (the one with Henry VIII asking for a ticket
to the Tower of London and a single for his wife)
That will mean such a lot to the billions abroad
who are not up on English history. He should get a
single ticket to the tower for Borris Johnson!
Ted: Has anyone thought of testing you both fordrugs?!
Dear Ted & Alice,“What do the Withdrawal of credit scheme andthe Defaulting Solicitor List have in common?”Answer: No teeth!
Ted: Harsh but may be true!
Alice: It is still a balance between the needs ofindividuals within chambers who may havedifferent agendas. The Bar Council and LawSociety have spent years trying to solve theproblem but without real success.
Dear Ted & Alice,We had our usual drinks party this summerwhich had the same faces invited to gethammered at chambers’ expense. That I don’tmind as it is not my money, but my commongripe is that barristers don't see the relevance ofsocialising with clients at marketing events suchas this, never mind 10 pin bowling, or darts, orquiz evenings, or socialising with clients on theirown.
Ted: The point is that they are their clients, not yours.So they should want to be all over them like arash, clambering over the bodies of fallenmembers who have not made the grade.
Alice: Wars can be won with team effort, not just soloperformances. [Sorry, we agreed no more
reference to “those games”!
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In the past eight weeks the company has won 18 new
deals worth more than £340,000, with eight of them to
provide the next generation of IRIS Legal software – IRIS
Law Business - to a number of forward-thinking law
firms of various sizes.
New IRIS Law Business (ILB) customers
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Kent’s Neves Scott who moved from
Osprey.
Venator Legal, the Norfolk-based start-up
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More of the larger deals that closed in
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demonstrating the underlying confidence amongst IRIS
Legal customers in both its products and its plans for
the future.
All customers saw the value in the fully integrated
practice and case management system and how it could
meet their needs now and in the future, in what is a
fast-changing legal landscape.
Doug Hargrove, managing director of IRIS Legal, said:
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“The recent success we enjoyed at The
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Legal’s excellence in hosted solutions
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our ability to offer a ‘one-stop-shop’ solution catering
for all the needs of a modern law firm. We continue to
focus on providing our customers with a positive
customer experience beyond the initial decision to
purchase, through implementation and beyond.”
A R T I C L E
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IRIS Legal wins key deals to kick off newfinancial year
IRIS Legal, the largest provider of software to law firms and barristers in the UK & Ireland, has kicked offits new financial year in style after winning a clutch of deals to build on the success of FY12.
A R T I C L E
I S S U E 1 2 4 - A U G U S T 2 0 1 222
The Inter Chambers Competition for The Barristers Clerks
Benevolent Fund Cup saw Captain Gary Brown and his
3 Temple Gardens team runner out comfortable winners
with a stunning score of 112 points. His team consisted
of Tim Forte, Adam Davis, Q.C., Glen Matthews and
himself, with three out of four scores counting an
average of 37 points a player, was first class. Gary also
organised perfect golfing weather and after all the rain
we have had recently the sunshine of Hertfordshire was
much welcome, as was the Essendon course which was
in superb condition.
Our next meeting is at The Addington in Surrey on
Monday 8th October. Contact Charles Charlick at
[email protected] for details.
Eldon Golf Report 2012
SproutIT Success story
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ensure the highest quality of services, Microsoft®
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implementation and customer satisfaction.
Based in Fleet Street, SproutIT provide high quality IT
support, consultancy and strategy to the legal sector.
This Silver competency demonstrates Sprout’s dedication
to the provision of outstanding service levels to law
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“This Microsoft Silver competency showcases our
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demonstrates our constant drive for improvement.” said
Matt Torrens, Director at SproutIT. “All our qualifications,
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performance and reliability improvements for our
clients.”
For more information about SproutIT and the support it
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Never Assume Knowledge:
In any process there will be chambers with a trackrecord of excellent service to purchaser goingback over a number of years. There may be atemptation, when called upon to evidence qualityof service, to assume that the purchaser knows allabout you. Never fall into that trap. Increasinglythe conduct of tendering processes will beoutsourced. The people scoring the PQQ/tendersmay know nothing of your chambers, and possiblyeven little about the provision of legal services.Even if those marking bids do know you,allowance of credit for issues not evidenced in theapplication would potentially make the outcomechallengeable by unsuccessful bidders. Mostpurchasers are live to this risk. In an opencompetition purchasers cannot assist individualbidders to the inevitable detriment of othersinvolved in the process.
Manage the process:
Have someone in chambers whose key focusduring the process is to make sure the bid issubmitted on time and to the best standard youcan get. That person needs to have the authorityto be able to collate and marshal all the detailrequired. They need to understand the processand the rules. It is unlikely that a single memberof chambers will have the time or opportunity togive the process the focus it will need, and a
committee of members is likely to be a recipe fordisaster. You need an appropriately experiencedsenior member of your chambers managementteam, or you need to bring someone in for theduration of the process. Members who want to beincluded in the bid must co-operate by providingall information as and when required. If a groupof counsel are bidding for a lot the purchaser islikely to score their evidence and experience ofability as a single factor. A member or members ofchambers who want to be involved in the bid, butdo not have the time or inclination to properlydetail their background experience will drag thebid down as a whole. Whoever manages theprocess should have the skills and authority toproperly address such issues.
Prepare:
For chambers who wish to be involved in localauthority work in particular tenders are here tostay. Larger chambers should plan to be involvedin multiple tenders. Individual counsel shouldmaintain c.vs based on a common chambersformat so that demonstration of the capacity ofchambers as a whole to work in particular areasby production of a properly evidenced track recordis a relatively straightforward matter. Policies ondisaster recovery, health and safety and diversityshould be kept up to date, with proof that theyare in actual operation. You will need them.
Time to Take Tendering Seriously (Part II)
A R T I C L E
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In the second part of this article we look at some basic tips aimed at increasing your chances of successin the process, and some common errors committed by those who fail.
Continued on page 26...
by John Binks
Then it’s on to Ice Age in the fourth adventure with the return ofthe hapless prehistoric squirrel, Scrat, searching for nuts. In thislatest cinematic instalment, his quest takes him to the earth’score and results in the onset of the continental drift.
As the land cracks and breaks apart, recognisable countries areformed. With their lives threatened by the earth’s movements,the Ice Age characters find themselves separated and thepopular trio – Manny (mammoth), Sid (sloth) and Diego (sabre-tooth tiger) – are cast adrift on an iceberg raft in unknownoceans.
On the mainland, Manny’s family lead the tribe to the landbridge where they’re promised rescue. Manny’s stroppy teenagedaughter, Peaches, undergoes a rite of passage as she realisesthe value of true friendship.
In the waters, however, the challenges are greater. The crew hasthe added responsibility of Sid’s abandoned senile grandmotherto look after, find themselves in the eye of a storm strugglingwith tidal waves and tornadoes, then later up against an evilmob of pirates headed by Captain Gutt.
The motley crew of piratical characters includes a pretty tiger,Shira, who’s torn between her misplaced loyalties to the Captainand growing love for Diego. Will she help Manny and friendswhen it matters the most?
The pirates are annoyingly persistent and devious. Even asManny’s boat reaches land and he’s frustratingly close to afamily reunion, the pirates rear their ugly heads once more togain revenge on their usurpers.
There are some surprise heroes. Granny is more intelligent andresourceful than she seems, and Lewis is brave despite his sizelimitations.
As the film nears its end, Squirrel returns to the screen. He’sfinally found nut Utopia but can he suppress his base desires
and enjoy the many, yet limited, nutty delights on offer or willhis greed get the best of him once more?
Find out for yourself and have a few laughs along the way whilekeeping your kids entertained for a couple of hours during thelong school summer holiday.
- Definately worth seeing
Film Review - Ice Age 4: Continental DriftA R T I C L E
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Before the film starts, we’re treated to a short Simpson’s clip where the baby is introduced to day care.Confronted with a menacing hammer-yielding toddler intent on killing mini-beasts, Maggie cleverly
rescues an innocent blue butterfly from the claws of death.
Film review is written by Jennet IngramMarketing Consultant - White Swan Marketing
As well as being a keen cinema-goer, Chartered MarketerJennet runs freelance consultancy firm White Swan Marketing. Created in response to the growingdemand for outsourced marketing support, White SwanMarketing offers a quality, friendly service at competitive ratesfor one-off or on-going projects, covering everything fromadvertising to PR ... and everything in between!
Email: [email protected] T: 0161 973 0114
Understand your Unit Costs:
The most common description of the awardcriteria in any tender will be described along thelines of ‘the most economically advantageoustender in terms of the criteria stated in thespecifications’. All things being equal it comesdown to price. You need an understanding of theprices at which you can bid and what that meansby way of associated profit. To be blunt, ifbarristers have nothing else to do anything maybe better than nothing, but in most cases thereare choices of work, without an understanding ofunit cost it is difficult ( if not impossible) tounderstand the financial implications of suchchoices. It is certainly impossible to get a properunderstanding of unit costs without an effectivesystem of time recording. It is possible to makeestimates, but as margins narrow estimates willnot suffice. In order to understand unit cost youneed to time record and accumulate data, and thebest time to start is now. This data will enable youto pitch bids on a proper commercial basis, and tounderstand the outcomes at the point at whichyou devise the bid – not 6 months down the linewhen you discover you are committed toproviding services at a loss.
Put Yourself in the Position of thePurchaser.
It is common for purchasers to ask what valueadded services you can offer over and above theprovision of actual advocacy. Basically they wantsomething for nothing, and as local authority cutsbite they will have lots of nothing to go round.Offers of free training is a start, but litigation ofany nature is a problem, and the purchaser wantsto buy a solution. In general the more you areable to assume responsibility for providing the
solution on the purchasers' behalf the moreattractive your bid will be. Bear in mind howeverthat no purchaser will be comfortable in handingover responsibility for case management unlessyou are offering proper quality controls. You needto put together a bid that gives the purchaser100% confidence that you will deliver the servicesyou say you will deliver as and when requiredand with complete consistency. The qualitycontrol and case management services theadministrative element of your chambers can offermay for some authorities be as important as thedelivery of the end legal services themselves.
Double Check Everything:
Probably the most common single error in tendersfor LSC Contracts was an omission to sign theapplication. In any tender the purchaser will retainto themselves the discretion to allow bidders tocorrect errors. These discretions are howevernormally used extremely sparingly, if at all.Allowing one party to correct or add to a bidalmost inevitably prejudices other parties whosebids were stronger on first submission. Exercise ofsuch discretion lays the purchaser open tochallenge and consequent delay inimplementation. The purchaser is buying asolution, not satellite litigation. Never approach abid on an assumption that more information canbe added at a later date. Assume errors oromissions will be fatal, and check everythingaccordingly before submission.In a recent exercise a large local authority in thenorth of England awarded virtually all its work tojust two chambers. For those willing to invest timeand effort in winning such contracts the rewardsare clear.
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...continued from page 24
A R T I C L E
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Geoff Carr of 14 Gray’s Inn Square commented “Bar
Marketing assisted Chambers with our pitch for Family
Advocacy work, helping to produce the PowerPoint
presentations and follow-up documentation which they
found to be incredibly cogent, clear and relevant.
Personally speaking I found Bar Marketing an excellent
company and will have no hesitation in using them
again and would
wholeheartedly
recommend them to
all Chambers”
Catherine Bailey, Bar
Marketing comments
“Chambers need to
consider all options
open to them in this
evolving market.
They need to be mindful of their approach to corporates,
in particular the language used and the way in which
values are presented. We were delighted to be invited
to help 14 Gray’s Inn Square with their bid, we enjoyed
working with them to produce the literature and
presentations and we are thrilled with their success”.
Bar Marketing is an outsourced marketing resource
dedicated to The Bar. It offers a range of effective
chambers marketing services to meet sets’ needs.
Whether they are looking for a long term partnership to
manage their marketing, or require additional resources
on a project by project basis to run chambers marketing
initiatives or boost their existing in-house capabilities,
Bar Marketing can help, drawing on over twenty years of
experience in strategic and operational marketing, ten of
which in the UK legal
sector. Catherine added:
“You can rest assured
that the marketing needs
of chambers and firms
are fully understood and
appreciated. It is this
deep knowledge and
understanding which
ensures chambers receive
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and grow.”
Good with ChambersBar Marketing announced on the 23rd August that it has played an important part in 14 Gray’s Inn
Square successful bid to provide family services for a well-known high street banking / retailer ABS.
Specialising in PowerPoint presentations and ABS specific content, Bar Marketing provided vendor
specific pitches and literature creation.
Catherine Bailey is on 0771 434 5072
or visitwww.barmarketing.co.uk
Do you have Members who want to become mediators?
Is Chambers looking to create a Mediation group?
2012 IN-HOUSE DATES
The London School of Mediation is geared to provide quality training at very competitiveprices for the individual up to large groups.
LSM’s four or five day in-house dates are flexible and can include evenings and weekends tomake up 40 hours of contact time. Holiday periods and half-terms are available
Contact Bob Moss on Tel: 07734 995902
LSM public Courses at 218 Strand & elsewhere during 2012 include:
17th to 21st September 218 Strand London – Mediation Full course – 5 days15th to 19th October St Paul’s Square Birmingham Mediation Full course – 5 days 12th to 16th November Taunton –Mediation Full course – 5 days 10th to 14th December 218 Strand London – Mediation Full course – 5 days7th to 11th January 2013 Manchester – Mediation Full course – 5 days14th to 18th January 2013 218 Strand London Mediation course for non-lawyers – 5 days
The 2011 and early 2012 courses will bring the totalof major events to 90 on which the London Schoolof Mediation faculty have worked together allaround the world. The courses get more and more
enjoyable each time and we are very much lookingforward to meeting each group, whether it is on theUK Model Five Day course, or on the CPD days.