one - clerksroombark & co solicitors very generously donated prizes. we are extremely grateful...

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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 3 Quality Issues PAGE 8 Sheraton Doyle PAGE 12 iGoogle PAGE 23 Director’s Duties ISSUE 71 - OCTOBER 2007 WWW.CLERKSROOM.COM/MAGAZINE Has your firm spoken to advantage yet about joining one of the Legal Buying Groups and massively reducing your office supplies overhead? If not.. call us today to receive details and information of how you can introduce an innovative new supply system that will reduce costs and save time throughout the year. Why choose us as your one supplier? Lower costs Save on purchase price and eliminate hidden costs. Flexible ordering Work with us to create an effective, efficient ordering system that’s perfect for you. Dedicated service One source, one solution means you can focus on the success of your business. Superb choice Choose from over 30,000 product lines, all available from just one supplier. Fax: 0845 370 3501 E-mail: [email protected] www.advantageoss.com Tel: 0845 370 3500

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Page 1: one - ClerksroomBark & Co solicitors very generously donated prizes. We are extremely grateful for this support and are certain the money raised will impact greatly. I witnessed the

C i r c u l a t e d F R E E t o B a r r i s t e r s ’ C l e r k s i n t h e U n i t e d K i n g d o m

HEALTH WARNING:This magazine contains comments that may disturb the bar

PA G E 3 Quality Issues

PA G E 8 Sheraton Doyle

PAGE 12 iGoogle

PAGE 23Director’s Duties

I S S U E 7 1 - O C T O B E R 2 0 0 7

W W W . C L E R K S R O O M . C O M / M A G A Z I N E

Has your firm spoken to advantage yet about joining one of theLegal Buying Groups and massively reducing your office suppliesoverhead?

If not.. call us today to receive details and information of how youcan introduce an innovative new supply system that will reducecosts and save time throughout the year.

Why choose us asyour one supplier?

Lower costsSave on purchase price and eliminatehidden costs.

Flexible orderingWork with us to create an effective, efficient ordering system that’s perfectfor you.

Dedicated serviceOne source, one solution means youcan focus on the success of your business.

Superb choiceChoose from over 30,000 product lines,all available from just one supplier.

Fax: 0845 370 3501 E-mail: [email protected]

www.advantageoss.com

Tel: 0845 370 3500

Page 2: one - ClerksroomBark & Co solicitors very generously donated prizes. We are extremely grateful for this support and are certain the money raised will impact greatly. I witnessed the

E D I T O R ’ S P A G E

O C T O B E R 2 0 0 7 ~ I S S U E 7 1

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]

By all accounts, the IBC Ball was a resounding success earlier this month. One

clerk described the event as “a bit messy”. It was that good then?

There was a time when it took 10 minutes to walk round the house re-setting the

clocks twice a year. But last Saturday night I decided to stay up and see if all the

digital clocks would automatically change at 2 am on Sunday morning back to

1 am. You are quite right: how sad is that? I don’t know why I bothered.

There was nothing to do. The event was over in 1 second, as they all dutifully

changed back to 1 am. That is apart from a grandfather clock that needed

rewinding. I was up anyway sorting out my personalised iGoogle and sidebar.

There is an article on this topics later.

According to a recent survey of some 200 UK lawyers, only 1 in 10 are currently

using encrypted e-mail. The remainder are happily sending sensitive information of

a confidential nature, not appreciating that there are hackers around every corner

in the multitude of public places that e-mails have to pass through before they

reach the intended recipient. Data theft is on the increase and intercepting

e-mails is easy to do. This topic should be part of everybody’s risk management

and risk assessment procedure.

The Bar Council has elected its officers for 2008. The Chairman from 1st January

will be Timothy Dutton QC of Fountain Court Chambers, with Desmond Browne QC

of 5 Raymond Buildings becoming Vice Chairman. As the Chinese would say:

“may they live in interesting times.”

We expect to have the Clerksroom Magazine website home page up and running

in time for the November edition. You will still be able to download the magazine

as usual and if you want a personal email to confirm when each edition is

available then please send me an email to: [email protected].

We are starting off with a straight forward website which can grow with demand

for additional pages / services in the future.

Clerksroom Magazine is produced under licence by JAR Holdings Limited, 20 Alexander Court, Chester,Cheshire CH3 5AW. 07734 995 902

Bob Moss

1

Page 3: one - ClerksroomBark & Co solicitors very generously donated prizes. We are extremely grateful for this support and are certain the money raised will impact greatly. I witnessed the

A R T I C L E

O C T O B E R 2 0 0 7 ~ I S S U E 7 13

Gazette Quality Issues

Quality at a costThe Gazette reported this month that the Bar Standards Board(BSB) has rightly criticised the Government’s plans to introduceyet another quality assurance scheme, this time for publiclyfunded criminal defence work. The BSB was responding to aconsultation paper put out jointly by the Ministry of Justice andLegal Services Commission regarding a scheme for assessingthe quality of advocates at Crown Court level and above.

The consultation period has now closed and the Ministry ofJustice and Legal Services Commission expect to design a 6 –12 month pilot scheme which would be tested out in differentparts of the country. The aim would be to require all advocatesto collect evidence to show their competence and skills.

This evidence would then be evaluated by Chambers or anindependent panel and a grading scheme used to show thelevels achieved by each individual advocate. A good wellinformed clerk who knows counsel’s practice better thananyone, armed with some marketing tools, would be a muchbetter bet.

Bar Quality issuesBruce Holden QC is to chair the panel recently set up by the BarCouncil to handle non-disciplinary issues. So far so good, butapparently the panel will have no link to the ComplaintsCommittee of the Bar Standards Board. Where will the referralscome from? Who is going to grass up a professional colleaguewhen there is no conduct issue?

According to the Gazette, the Bar Council has set up this qualityadvisory panel to handle referrals made to it by for examplemembers of the judiciary, instructing solicitors and barristers.The aim is to address examples of poor practise which fall shortof a breach of the Code of Conduct.

Now traditionally didn’t this sort of problem get deal withbehind closed doors? They were professional matters which didnot concern the public [otherwise the BSB would get involved],and often concluded by a quiet word in the appropriate ear. Anyjudge or head of Chambers would regard themselves ascompetent to handle any problem. And if they cannot deal withcounsel, just ask the Senior Clerk

From the Law Society Gazette

Page 4: one - ClerksroomBark & Co solicitors very generously donated prizes. We are extremely grateful for this support and are certain the money raised will impact greatly. I witnessed the

A R T I C L E

O C T O B E R 2 0 0 7 ~ I S S U E 7 14

The Ball

The Black and White Ball took place on 12th October

2007 at the Brewery, London and was once again a

resounding success with nearly 200 Clerks

complimenting the stylishly decorated venue in Black Tie

and Black and White frocks.

Our main sponsor this year was Mountain Software

who funded the casino in full. We would like to take

this opportunity to convey our sincerest thanks for their

generous contribution.

Raffle prize donations helped us to raise nearly £2000

for The Anthony Nolan Trust whose purpose is to take

back lives from leukemia by providing lifesaving donors

for patients in need of bone marrow transplants and

the Barristers’ Clerks’ Benevolent Fund.

Generous prizes were donated by our regular service

providers, Best Invest, Advantage, Lianda, Chambers

People, Allied Irish Bank, Whiteprint, Bar Squared, AON,

Syscap, and Bar Co. Details of whom can be sought via

the IBC office.

Local businesses including, The Six Clerks Restaurant,

Oddbins, T M Lewin, Fitness First, The Punch Tavern and

The Printers Devil donated clerking essentials, beer,

food, shirts and gym memberships. Chambers at 25

Bedford Row, 7 Bedford Row, Landmark Chambers and

Bark & Co solicitors very generously donated prizes. We

are extremely grateful for this support and are certain

the money raised will impact greatly.

I witnessed the usual flamboyant behaviour on the

dance floor with Declan Redmond leading the pack

with his S Club style moves. The girls as always were on

sparkling form and winning moves from Mike Hannibal

and Michael Eves could provide inspiration for this

year’s Strictly Come Dancing contestants, finally

knocking Nathan Lee Walsh off the top spot, he was

nowhere to be seen.

By Emma Makepeace

...continued on pages 5 & 7

6 Kings Bench Walk

Faye Pattis, Vicky Thompson & Jo Pickersgill

Matrix Chambers

Mr & Mrs Hannibal.'Raffle Prize Glory'

Norman Brooks, Michael Eves & Gary Brown

9 Bedford Row Boys

Page 5: one - ClerksroomBark & Co solicitors very generously donated prizes. We are extremely grateful for this support and are certain the money raised will impact greatly. I witnessed the

A R T I C L E

O C T O B E R 2 0 0 7 ~ I S S U E 7 17

The Roulette and Black Jack tables provided an

opportunity for all to show off there skill and prowess

with David Kirton of 25 Bedford Row, Ben Heaviside of

Red Lion Court and Stephanie Legitt, a guest, winning

the tables with overwhelming scores and taking home

Champagne compliments of Wilberforce Chambers.

Declan presented Student of the Year, Luisa Hodge of

Chartlands Chambers in Nottingham, with the John

Carter Memorial Trophy for her excellent result and

contribution to The BTEC Advanced Award in Chambers

Administration

The talented Jason Housden once again provided

commentary from the Hokey Cokey Temple Race Track

for the Barristers’ Clerks’ Ball Stakes. Each table taking

part in their own sweep stake with a portion of the

proceeds going to charity. “Graduate First Junior” came

out on top having got to grips with “Carter Impact”

with “PowerPoint Presentation” and “Handouts”

impressing “Head of Chambers”. “Senior Clerk” came

in second despite carrying excess weight and being

interfered with by “Head of Chambers”.

“Lord Chancellor” has indicated he will race next year

with “Chief Whip” – it could be messy, we await

with interest.

Thanks to Katie Bird of 2 Hare Court and Fraser Geddes

from Wilberforce Chambers for their assistance and

support with organising and to all at Seal Events. Lastly

thank you to all those who attended, hope you had a

wonderful time.

Martin Poulter & Jason Doyle

Jackie Ginty, David Goddard & Lucy Pilbro

Dale Jones & Gary Brown.'The Dream Team'

...continued from page 5

Page 6: one - ClerksroomBark & Co solicitors very generously donated prizes. We are extremely grateful for this support and are certain the money raised will impact greatly. I witnessed the

A R T I C L E

O C T O B E R 2 0 0 7 ~ I S S U E 7 18

Why did you become a clerk?

Was not sure what I wanted to do but thought I

wanted to do something with the courts or legal

background. A good friend of mine who is now a

solicitor got offered an interview, but decided to change

direction.

She said she had a friend who would be interested, so

they contacted me.

Although you clerk the Public Law team at 39

Essex Street but are called a “Practice

Manager” Why?

To make me sound more important!

So far what has been your best moment in

Chambers?

Being given the role of first junior to run the Public Law

Team @ 39.

When did you start working in Chambers and

in what capacity?

Back in 1995 as a junior clerk.

...continued on page 11

What Makes A Clerk Tick?Sheraton Doyle is a Practice Manager at 39 Essex Court.

She joined them in 2000 after six years clerking at 6KBW.

Page 7: one - ClerksroomBark & Co solicitors very generously donated prizes. We are extremely grateful for this support and are certain the money raised will impact greatly. I witnessed the

Corporate Identity - Creative Design for Print - Printing

Promotional Point of Sale - Photography - Packaging Design

Large Format Display Material - PR & Copywriting

Web Design - Illustration

A R T I C L E

O C T O B E R 2 0 0 7 ~ I S S U E 7 111

What has been your worst moment in

Chambers?

Does not sound so bad now but at the time…….

Going over to fix a case for chambers on the 2nd day of

a new job and realising once fixed had missed a

personal appointment in counsel’s diary. As I had only

just started I did not want them to see what a school

boy error I had made, so I had to keep going in to a

conference room to make calls to the other side and

court to re fix, and then went over and changed date

without anyone knowing. [Editor: Pause for thought; we

have all been there?]

Who has been the greatest influence on your

career?

My Mum – Always installed in me you don’t get

anything for nothing in this world, you have to

work for it.

What irritates you the most?

Broken promises.

What is the best aspect of the job?

Meeting new people, everyday brings a new challenge.

What is the worst aspect of the job?

Some people are never satisfied – Moaning Minnie’s!

What is your best characteristic, clerking or

otherwise?

Always try to see the best in people – It’s tested often

in this job though!

Your favourite film?

Could not say just 1, have a wide variety also -

Goodfellas, JFK, Sound of Music!

Your favourite music?

Again large variety – Funky House, Soul, RnB

So what makes a clerk tick?

Busy diary and a happy clerk’s room.

If you had not gone into clerking, what

would you have become?

Acting – Not a million miles away from this job really!

...continued from page 8

Page 8: one - ClerksroomBark & Co solicitors very generously donated prizes. We are extremely grateful for this support and are certain the money raised will impact greatly. I witnessed the

An innovative Business and People consultancy service for Chambers

Short of time in your Clerks Room? Lack the spare capacity for important issues?

• Quality Mark and Bar Mark Compliance consultancy

• Business Development and Marketing

• Human Resource Management/Development

• Coaching and Mentoring

• Software Training

• Investors In People consultancy

• Project Management – including relocation

• Financial Management

• Interim Management – including relief clerking

We also offer training and mentoring for key personnel tailored to Chambers’ and to each

person’s individual development needs. Presently working with Tony McDaid, Practice Director

and Sandra Astbury Office Manager of the countries leading set No.5 Chambers, along with

Russell Hobbs, Senior Clerk of KCH Chambers in Nottingham, in partnership with Footsteps to

allow this innovative scheme of CPD and forward thinking approach to enter Chambers and

drive them forward with their “Staff of tomorrow”.

Jackie Maskew is a qualified professional

coach and a chartered member of the

Chartered Institute of Personnel

Development with 18 years experience in

Chambers Administration and 10 years in

Solicitors practices.

Jonathan Maskew is a qualified professional

coach with 19 years experience in Clerking

and a previous member of the IBC

management committee.

T: 07941 478463 E: [email protected]

A R T I C L E

O C T O B E R 2 0 0 7 ~ I S S U E 7 112

Google WorldBy The Editor

For most of us who’ve ever joined the queue at a bus

stop, we have asked ourselves: When will the next bus

arrive? Will I be able to get on it? The same questions

apply to any form of public transport. Before long, the

answers will be on your mobile phone courtesy of

Google World officially called “iGoogle”.

You will be able to see how far away the next bus is

from your bus stop and how many seats are available.

Similar information can be provided about taxis. No

doubt you and the taxi driver will be able to lock onto

each other using similar technology. Any item can be

fitted with a radio-frequency identifier – an electronic

tag called an RFID – and can be linked to the internet

over local or national WiFi net works. Retailers have

been using this technology for years for stocktaking

purposes and fleet managers can track buses and taxis.

Now that satellite positioning chips are started to be

included in mobile phones, it becomes relatively easy

for the scenarios outlined above to become reality.

So the “i” era has developed through itunes, ipods to

igoogle. Google’s declared aim is to create a global

system that you can search for anything anywhere at

any time. By signing up to iGoogle you are using a new

supercharged version of the regular search services to

customise them to your own requirements.

So, iGoogle would identify the bus queue you are in as

well as if appropriate the number of the bus you would

normally take from that bus stop. The improved security

on public transport courtesy of CCTV coupled with the

information provided by such a personalised search

starts to make the bus or train more attractive as the

roads head for gridlock. It is good for the carbon

footprint too.

...continued on page 16

Page 9: one - ClerksroomBark & Co solicitors very generously donated prizes. We are extremely grateful for this support and are certain the money raised will impact greatly. I witnessed the

Maybe Gill Butchard of butchardassociates can help you:

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Too many duplicate records on your database?

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Would it make life easier if the database was bettermaintained?

For more info:See Gill’s website at www.butchards.co.uk

Email: [email protected] Tel: 0772 591 1320

Supplier review

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Management Reports

Database Management

Client Management

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Gill could also help you with:

Debt Collection

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Job Training

Procedural review

Business Review

www.butchards.co.uk

Gill ButchardPrincipal of Butchard Associates

A R T I C L E

O C T O B E R 2 0 0 7 ~ I S S U E 7 115

The Bar Standards Board (BSB)The current topic is complaints handling, but we thought you might look at some of the others as well.

Visit the BSB website for the links underlined in the table below. It is good to take part.

The basics [For junior clerks]

The Bar Standards Board was established in January

2006 as a result of the Bar Council separating its

regulatory and representative functions. As the

independent regulatory board of the Bar Council, they

are responsible for regulating barristers called to the

Bar in England and Wales. They take decisions

independently and in the public interest and are not

prejudiced by the Bar Council's representative function.

The Board’s purpose is to promote and maintain

excellence in the quality of legal services provided by

barristers to support the rule of law. They do this by

setting standards of entry to the profession and by

ensuring that professional practice puts consumers first.

Representation, support and services for barristers in

England and Wales, including guidance on issues of

professional practice, are provided by the Bar Council's

representation branch.

Open consultations

The Bar Standards Board is committed to an evidence-

based approach to policy-making and needs to take

into account the views of anyone who has an interest in

the regulation of barristers in England and Wales.

It does this through an open consultation process.

Current consultations are listed below:

• Chambers Complaints Handling

• Annex 1 List of Consultees

• Annex 2 Complaints Handling

• Annex 3 Guidance on dealing with complaints

• Report of Chamber Complaints working group

Open from Sept 2007

Closes 1 December 2007

The standards committee released in September the

consultation paper on chambers complaints handling.

The introduction sets the scene.

1. In 2004, the Bar Council asked a working group

chaired by Sue Carr QC to undertake a detailed

review of how Chambers dealt with complaints

that they received from their clients.

...continued on page 28

Page 10: one - ClerksroomBark & Co solicitors very generously donated prizes. We are extremely grateful for this support and are certain the money raised will impact greatly. I witnessed the

A R T I C L E

O C T O B E R 2 0 0 7 ~ I S S U E 7 116

Taken a stage further, an anxious parent will be able toconfirm that their offspring have caught the last bushome. But what if this information falls into the wronghands? Or what’s to stop iGoogle “mining” anindividual’s search history, files and folders to create adetailed personal profile that it could sell to advertiserswho would then bombard you with targetedadvertisements? We already allow vast quantities of information about us to be stored by companies we deal with. Loyalty cards provide supermarkets withvast quantities of information about what we buy andwhen we buy it. Is this necessarily a bad thing if itenables the right products to be in the right place atthe right time?

A further piece in the Google jigsaw is called “cloudcomputing”. This places Google in a head to headbattle with Microsoft that may take decades to resolve.The idea is simple. Instead of using the internet to findinformation that we then download to our computersand use alongside traditional software, we store all theinformation online on one of Google’s vast globalnetwork of servers. Google then provide online theirown Web based software programs called “GoogleApps” which enable you to create password protectedword files and spreadsheets, edit them and store themall online. They do not stop there. Similar products tothose Microsoft created [such as PowerPoint] andcharge heavily for will be available free to those who

store everything online.Cloud computing and data storage are offered free ofcharge for personal users on Google. So if you sign up,you will never again need to spend hundreds of poundsbuying software and zip drives to back up vastquantities of data. Google will do it for you. The visionof a paperless future – where all documents resideonline – sounds tempting. The success of iGoogle is upto the user. So long as the services on offer outweighthe loss of privacy, everyone wins.

Once you combine all you files and folders stored onlinewith the records of all the searches you’ve made on theinternet, you have a very powerful tool. Indeed, thatwould not only make Google the largest most powerfulsuper computer ever, it is claimed it would make thecompany the most powerful institution in existence.

However, rather like the supermarket analogy, if we areable to make an informed decision as to whether to jointhe bus queue or not, then we may be happy to give upa degree of privacy, always provided the informationdoes not fall into the wrong hands. The Google sidebarwith its 800 gadget options is the latest cool way topersonalise a desktop. The next step is to personalisethe Google search facility, and before you realise ityou’re hooked on igoogle.

...continued from page 12

Some Google Information

• Google will shortly celebrate its 10thanniversary.

• Googleplex California is a purpose built 1.5million square foot office block.

• In 2006 Google buys YouTube, the largest andmost popular video exchange website.

• Google handles 3 out of every 4 search queriesin the UK.

• With the use of its advertising system called“AdWords”, Google has captured more than halfthe search engine advertising market.

Page 11: one - ClerksroomBark & Co solicitors very generously donated prizes. We are extremely grateful for this support and are certain the money raised will impact greatly. I witnessed the

A R T I C L E

O C T O B E R 2 0 0 7 ~ I S S U E 7 118

Clerk SearchWe had an e-mail recently asking for a new feature for the

Clerksroom Magazine.

The e-mail had a photograph attached and read:

“Subject: new feature!

Hello there. Would you consider running a new feature called

“Page 7 Clerks” where hunky barristers’ clerks could send in

their photos to go into your magazine, raising their profile

generally within the legal world. My name is ****. I’m a clerk

at one of London’s leading Chambers and I’ve been told that

I’m a bit of a dish. What do you think?”

We are not sure if the question: “What do you think?” relates

to the proposed new feature or the suggestion that the e-mailer

is a bit of a dish. This is because the photograph that was

attached to the e-mail was, how shall we put it, less than

complimentary and just slightly below the standards you would

expect of the Clerksroom Magazine. Indeed, the whole exercise

could be a practical joke.

We had therefore tried to contact the e-mailer to get the real

story, but to date he’s [definitely male!] failed to reply.

Does anybody know the whereabouts of:

[email protected] or have any information which

may reveal the true identity of this person?

Email in confidence to: [email protected]

Page 12: one - ClerksroomBark & Co solicitors very generously donated prizes. We are extremely grateful for this support and are certain the money raised will impact greatly. I witnessed the

A R T I C L E

O C T O B E R 2 0 0 7 ~ I S S U E 7 120

More Donated To the Barristers’Clerks Benevolent Fund

A cheque for over £1,200 was recently handed to Steve Graham, Chairman of the Trustees of the

Barristers’ Clerks Benevolent Fund. The money has been donated by Advantage Office Supply Systems

Limited as part of its continued support for the Benevolent Fund.

Advantage’s managing director Roger Sheen handed

over the cheque for £1,200 at a meeting at Landmark

Chambers earlier this month.

The Barristers’ Clerks Benevolent Fund has been

established for over 80 years and is a registered charity.

It exists to give financial assistance to members and

past members of the Institute of Barristers’ Clerks as

well as their wives, partners, widows and widowers,

children and other dependents who fall on hard times.

The charity exists almost entirely on donations.

Accepting the cheque on behalf of the Benevolent

Fund, Steve said: “We are very grateful to Advantage

Supply Systems for continuing to support us by

donating a percentage of every pound spent with them

by Chambers. It’s a brilliant idea, Chambers get a first

class product and service and the Benevolent Fund gets

a substantial donation. We certainly need the funds if

we are to keep on helping those of our colleagues and

their families who are in real need.”

Steve Graham with

the cheque handed

to him by Roger

Sheen, Managing

Director and Sally

Hilton, Sales

Account Manager

of Advantage

Office Supply

Systems Limited

Advance notice:Magazine website launch

11.00 am on Wednesday 28th November 2007

www.magazine.clerksroom.comCheck it out!

Page 13: one - ClerksroomBark & Co solicitors very generously donated prizes. We are extremely grateful for this support and are certain the money raised will impact greatly. I witnessed the

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A R T I C L E

O C T O B E R 2 0 0 7 ~ I S S U E 7 123

Do You Really Want To Be A Director?An increasing number of Chambers are converting themselves into limited companies for management

purposes. Often this places the senior clerk/practice manager on the board as a director of the

company. However, from 1st October 2007 there is a new statutory code to which directors must

comply with when considering their duties. You might prefer to consider your position before accepting

the directorship.

The statutory code is part of the Companies Act 2006 –

with over 1,250 clauses; it is the longest piece of

legislation ever to have been passed in the UK!

There are seven general duties set out in ss.

170 to 181 of the Act.

1. Duty to act within their powers.

This codifies the common law rules that directors

should exercises their powers under the terms that

were granted for a proper purpose. A director’s

powers are normally derived from the company’s

constitution, i.e. its memorandum and articles

of association.

2. Duty to promote the success of the company.

This is a new duty developed from one of the

heads of the overriding principles of the fiduciary

duties, i.e., duty of good faith to act in the

company’s best interest.

The director is required to have regards to various non-

exhaustive list of factors listed in s.172 (1) including

• the long term consequence of the decisions

• the interests of the employees

• the relationships with suppliers, customers

• the impact of the decision on community and

environment

• the desirability of maintaining a reputation for high

standards of business conduct

• the need to act fairly as between members of the

company.

It is important that detailed minutes are taken when

exercising decisions to document the fact that directors

have had regard to the factors listed in section 172.

3. Duty to exercise independent judgement.

There are two elements:

1. A director must first exercise a judgement and

2. He must exercise the judgement independently. It

remains to be seen how in practice this rule will

impact on a director.

Page 14: one - ClerksroomBark & Co solicitors very generously donated prizes. We are extremely grateful for this support and are certain the money raised will impact greatly. I witnessed the

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A R T I C L E

O C T O B E R 2 0 0 7 ~ I S S U E 7 124

4. Duty to exercise reasonable care, skill and

diligence

That is: care, skill, diligence that would be

exercised by a reasonably diligent person with-

1. The general knowledge, skill and experience that

may reasonably be expected of a person carrying

out the functions carried out by the director in

relation to the company; and

2. The general knowledge, skill and experience that

the director has.

This is the same dual test imposed under s.214 of

the Insolvency Act 1986 in the context of a

director’s wrongful trading. The first element of the

test sets out a minimum objective standard

(a hypothetic reasonable person) expected of

any director.

The subjective test requires a director to carry out

his duty with the general knowledge, skill and

diligence he in fact possess. Therefore, a director

who has more experience, knowledge and skill will

have a higher threshold in discharging this duty.

5. Duty to avoid conflicts of interest

The conflicts of interest provisions are previously

contained in Part 10 of the Companies Act 1985

and are quite complex. The Act restates, amends,

and simplifies these provisions to make them more

accessible and with a view of assisting modern

business practice.

6. Duty not to accept benefits from third parties

This reinstates the existing rule known as ‘non

profit’ in that a director is not permitted to accept

a benefit from a third party by reason of (a) his

being a director or (b) his doing or not doing

anything as a director.

7. Duty to declare interest in proposed

transaction or arrangement with the

company.

The requirement for disclosure is dispensed in

circumstances where the interest cannot

reasonably be regarded as likely to give rise to a

conflict of interest or if other directors are already

aware or ‘ought reasonably to be aware’ of the

director’s interest.

Generally, seek advice if unsure and overhaul the

decision making process and companies’

constitutions so as to minimise the risks.

...continued from page 23

Page 15: one - ClerksroomBark & Co solicitors very generously donated prizes. We are extremely grateful for this support and are certain the money raised will impact greatly. I witnessed the

A R T I C L E

O C T O B E R 2 0 0 7 ~ I S S U E 7 126

Something About Life At The BarA woman wrote to Dear Ted & Alice:

I have a dilemma. I am about to get married,

but I haven’t been totally honest with my

fiancé’. My mother is a well-known madam, my

father is a convict, and my brother is a bar

clerk. My sister sells heroin to the children at

the school down the street. She started doing

that after my father got sent to prison for

molesting her. I also have a problem - I’m

wanted for embezzlement. Taking all that into

consideration, this is my question: how do I tell

my fiancé’ about my brother the bar clerk?

Counsel was sitting in his office late one night, when

Satan appeared before him. The Devil told the barrister,

"I have a proposition for you. You can win every case

you try, for the rest of your life. Your clients will adore

you, your colleagues will stand in awe of you, and you

will make embarrassing sums of money. All I want in

exchange is your soul, your wife’s soul, your children’s

souls, the souls of your parents, grandparents, and

parents-in-law, and the souls of all your friends and

clerks." Counsel thought about this for a moment, and

then asked, "So, what’s the catch?"

A prominent young barrister was on his way to court to

begin arguments on a complex lawsuit when he

suddenly found himself at the Gates of Heaven. St.

Peter started to escort him inside, when he began to

protest that his untimely death had to be some sort of

mistake. "I’m much too young to die! I’m only 35!" St.

Peter agreed that 35 did seem to be a bit young to be

entering the pearly gates, and agreed to check on his

case. When St. Peter returned, he told the attorney, "I’m

afraid that the mistake must be yours, my son. We

verified your age on the basis of the number of hours

you’ve billed to your clients, and you’re at least 108."

A barrister passed on and found himself in Heaven, but

not at all happy with his accommodations. He

complained to St. Peter, who told him that his only

recourse was to appeal his assignment. Counsel

immediately advised that he intended to appeal, but

was then told that he would be waiting at least three

years before his appeal could be heard. The barrister

protested that a three-year wait was unconscionable,

but his words fell on deaf ears. He was then

approached by the devil, who told him that he would

be able to arrange an appeal to be heard in a few

days, if the barrister was willing to change venue to

Hell. When counsel asked why appeals could be heard

so much sooner in Hell, he was told, "We have all of

the judges."

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A R T I C L E

O C T O B E R 2 0 0 7 ~ I S S U E 7 128

2. The Group’s terms of reference were to investigate

the effectiveness of current complaints handling by

Chambers and, if appropriate, to make

recommendations to develop the current

arrangements. The Working Group commissioned

Debora Price, a research consultant, to carry out a

detailed and independent review into the way that

Chambers handled complaints. Questionnaires

were sent to all sets of Chambers and sole

practitioners to gather information on complaints

handling and the different approaches to it.

3. In summary, the Group found that:

• Contrary to paragraph 403.2(d)(ii) of the Code of

Conduct, more than 20% of Chambers had no

written procedures for complaint handling, and

half of those were not presently seeking to

implement such procedures;

• Two thirds of Chambers had a policy not to deal

directly with lay clients who seek to raise

complaints;

• It was rare that a complainant was informed of Bar

Council complaints procedures when making a

complaint to Chambers (the survey was undertaken

before the Bar Standards Board was established.

At the time of the survey, the Bar Council had

responsibility for complaints handling);

• There was scope for increasing the awareness of

the benefits of active management of informal and

formal complaints. It was noted that a substantial

minority of Chambers made use of the information

collected during formal complaints to improve

practices within, and the service offered by,

Chambers; and further, the existence of a formal

written complaints procedure was associated with

a much shorter average time for resolution of

complaints;

• There was evidence to suggest that consideration

should be given to the development of a separate

approach to complaint handling by sole

practitioners;

• A significant number of clients were unaware of

the fact that they can complain in the first instance

directly to their barrister’s Chambers rather than to

the Bar Council;

• Some sets of Chambers did not have, or chose not

to make known to their clients the existence of, a

formal complaints procedure.

The Bar Standards Board is also consulted regularly by

government and other organisations on matters

affecting or having the potential to affect the regulation

of barristers.

...continued from page 15