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Circulated FREE to Barristers’ Clerks in the United Kingdom HEALTH WARNING: This magazine contains comments that may disturb the bar PAGE 6 Cookies PAGE 11 Riverview PAGE 19 Ted & Alice PAGE 27 Film Review ISSUE 124 - AUGUST 2012 HTTP://MAGAZINE.CLERKSROOM.COM

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Page 1: HEALTH WARNING: T ˘ ˝ ˇ ˘ ˇ˘ ˇ ˇ ˙ ˘ˇˆ ˇ · Clerksroom Magazine is produced under licence by JAR Holdings Limited, 9 Old Coach Road, Kelsal, Cheshire CW6 0QL. 07734 995

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

I S S U E 1 2 4 - A U G U S T 2 0 1 2

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

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E D I T O R ’ S PA G E

I S S U E 1 2 4 - A U G U S T 2 0 1 2

ADVERTISING ENQUIRIES TO:[email protected]

EDITORIAL ENQUIRIES TO:[email protected]

This edition of the Clerksroom Magazine has been kindly supportedby the following companies:

Advantage Office Supply Systems LtdUnit 10, Poole Hall Industrial Estate,Ellesmere Port, Cheshire CH66 1ST.T: 0151 357 3500F: 0151 356 3459E: [email protected]

Corner House Design & Print LtdThe Old Chapel, Manchester Road,Carrington Village,Manchester M31 4BLT: 0161 777 6000F: 0161 777 6060E: [email protected]

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.

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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

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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

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Established

provider of

high quality

Creative Design,

Artwork & Print

to the legal

professions.

0161 777 6000

A R T I C L E

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8

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

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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

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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

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...continued from page 12

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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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� Review of the procedures currently followed

� Review the system set up (Fee chasing templates etc)

� Analyse the Aged Debt : note exposure to possible write off

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� Identify weaknesses in procedurey

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Health Checks by Butchard AssociatesAre you sure you are on top of your debt collection?Are you sure there isn’t room for improvement?How about booking a Health Check of your Fee Chasing?

What is involved?

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She could also help you with Supplier review, Expenditure Analysis/Review,Management Reports, Database Management, Client Management,

Marketing, Debt Collection, Holiday/Sick cover, Job Training, Proceduralreview, Business Review, etc

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

include Merseyside law firm MWT

Solicitors who moved from Cognito and

Kent’s Neves Scott who moved from

Osprey.

Venator Legal, the Norfolk-based start-up

firm has installed ILB Express, the

specialist practice and case management

system designed specifically for sole

practitioners and small law firms.

More of the larger deals that closed in

the past month include, Horsey Lightly,

who needed more automation and

wanted workflow functionality to

improve efficiencies in the firm; Straw &

Pearce; and Appleby Hope & Matthews,

all of whom chose to extend their

association with IRIS Legal by moving to

the next generation ILB product,

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:

“This is a very strong start to the year for us. We are

reaping the rewards of investing during

the downturn, both in terms of new

people and new products. We had a

strong end to the last financial year and

it’s pleasing to report we’ve exceeded

our expectations already for the start of

our new financial year.

“We are delighted that our drive towards

delivering ‘Best In Class’ solutions across

the legal marketplace is being

recognised by both new customers and

our existing customers alike. During the

next quarter we expect to see more firms

choosing to go with IRIS Legal in

preference to other vendors.

“The recent success we enjoyed at The

Lawyer Awards 2012 winning the Best

Technology Project also recognises IRIS

Legal’s excellence in hosted solutions

and its management and delivery of

highly complex projects; demonstrating

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.

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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

There are 640,000 partners in Microsoft® Corp.’s

channel, but only 5 percent of partners worldwide can

distinguish themselves with a competency of this level

having attained this high degree of proficiency.

To earn a Microsoft® Silver Competency, partners must

successfully demonstrate expertise through rigorous

exams, culminating in Microsoft® certifications. And to

ensure the highest quality of services, Microsoft®

requires customer references for successful

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

firms across the country.

“This Microsoft Silver competency showcases our

expertise in today’s technology market and

demonstrates our constant drive for improvement.” said

Matt Torrens, Director at SproutIT. “All our qualifications,

internal R&D and training, allows us to leverage next

generation technologies in order to drive productivity,

performance and reliability improvements for our

clients.”

For more information about SproutIT and the support it

provides to the legal sector, visit www.sproutit.co.uk

SproutIT, Legal IT Specialists, recently announced it has achieved Microsoft® Silver Midmarket Solution

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For the complete media package, contact clerksroom digital today

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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)

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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

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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

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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

just the right mix of

marketing they need to help them secure more business

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.