Litigation Letter
In praise of the Bar
Writing in the Law Society
Gazette of 16 May the President of the Law Society, David McIntosh, supported the Bar’s plea to the Office of Fair Trading for barristers
to continue to be independent and sole practitioners available to all. He wrote: ‘A body of independent advisers and advocates,
whether called barristers or, as in Scotland, advocates, is essential to the vast majority of solicitors, as well as being
in the public interest. More than 80% of English and Welsh firms have fewer than four partners and they would be seriously
disadvantaged without unfettered access to an independent source of additional expertise. Even the largest of firms with well-manned
advocacy departments still require – and will continue to require – access to an independent bar, not just in major and exotic
matters and cases, but where their own fixed resources do not match their clients’ needs. No firm is likely to employ sufficient
specialist advocates to cover every day’s needs, for to do so would involve having highly qualified people – who are expensive
to employ – twiddling their thumbs on less busy occasions. Much better to be able to sub-contract to an independent bar for
those needs as and when necessary’.