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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’.

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