We will not be commoditised, says Bar chair-elect

The Bar remains a profession, not a business, and must continue to fight for a justice system that is the envy of the world, the Bar Council's incoming chair has said in her inaugural address.

Chantal-Aimée Doerries QC, who officially takes over from Alistair MacDonald QC in January, said that the Bar's 'primary aim is not, in contrast to most other businesses, to make money, or to increase profit margins'.

However, she stressed that 'this does not mean that we are not a modern profession, to the contrary, but it does mean that we abide by, and are required to abide by, professional standards'.

Speaking at the Inner Temple, the chair-elect told an audience of barristers, judges, and politicians - including the attorney and solicitor generals - that 'as well as owing a duty to the court, and complying with our professional code of conduct, we are required to act in our clients' best interests. In doing so, we may well act against our own best financial interests'.

'Many of the challenges this profession faces today, and how we respond to them, are about preserving what is valuable in the Bar. The more one encourages the professions to see themselves as purely businesses, or simply leave everything to market forces, the more we attenuate the idea of being a professional,' she added.

'The Bar is a profession. It is not simply a job,' she continued. 'In many areas of publicly-funded work there is no certainty of economic security and for many the rewards are relatively modest.'

The Atkin Chambers silk also took the opportunity to question why there is a lack of attention paid by the government to the justice system.

'Justice is precious and is something which government and society must be prepared to pay for. It is not a luxury, or something which should only be available to those who are able to afford it,' she commented. 'Government has a particular responsibility as the dominant funder or purchaser of legal services in the criminal field.'

She continued: 'There are many who criticise the concept of ring-fencing budgets for government departments, but in a climate where this exists, it is strange indeed that the Ministry of Justice, responsible as it is for the provision of the justice system, and hence for ensuring that citizens are protected from the state, does not have the benefit of such protection.

'This country has had the benefit of a justice system of which many other jurisdictions are envious. We will have to work at ensuring it does so in the future.'

Doerries also reiterated the Bar Council's opposition to the government's controversial two-tier contracts scheme, saying: 'Where a central motivation in reforming the provision of legal services is the reduction of price, there will be a substantial risk that quality is reduced, and reduced below an acceptable standard.

'The cuts to legal aid fees which the Bar, and solicitors have endured, together with the withdrawal of legal aid for most social welfare and family cases, the introduction of criminal court charges on a non-discretionary basis, and the increase in civil court fees have severely affected our justice system.'

In addition, the incoming chair used her speech to warn against the creation of a new super legal regulator.

Last week the government announced plans to consult on making legal services regulators independent from their professional bodies to create a fairer regulatory regime that encourages competition.

Doerries highlighted that the current regulatory framework had only been in place since 2007. She defended the Bar Standards Board as an organisation that was able to regulate the profession in the public interest and meet its statutory objectives.

'The current arrangement allows regulation to be carried out in a relatively cost-efficient manner and is no less independent in its decision-making. I have not always agreed with the regulator's decisions, but that, perhaps, only serves to demonstrate the independence of the decision-making process.'

John van der Luit-Drummond is deputy editor for Solicitors Journal
john.vanderluit@solicitorsjournal.co.uk | @JvdLD