#BArCouncil I've managed to oversleep through the one bit of the meeting that most of you would be interested in (thanks COVID). I joined as MFQC said that his remarks quoted in the Times had made it clear to the PM that bullying lawyers for political purposes is unacceptable.
Baroness Blackstone: BSB will hold round table meetings with Chambers later in the years to identify best practices with a view to promoting them. She is standing down. She appreciates vital role of #barcouncil and pressures on Bar including PM's attacks.
MFQC Thanks Baroness B and wishes her all the best for her glorious next project.
Robert Rhodes asks what the reference in the BSB report is to "enforcement action other than disciplinary action". Mark Neale says he doesn't know.
Samuel Townend: LSB says there's a "demand" for wider monitoring of the BSB's work and they want to a assess on a broader range of activities. Mark Neale: There is no evaluation of impact of the Regulatory Performance Framework on the performance of the standards boards.
MFQC: Is there now a "recovery plan" in place for dealing with complaints against barristers. Complaints are still going unresolved. MN: Plan will be presented to Board at July meeting in public session. We are transparent and accept we need to be quicker.
MN: Have got better this year. Investigated more complaints this year than last.
MN: A new "Governance Manual" is being created. It is a streamlined version of the existing constitution etc. Comments are invited.
Malcolm Cree: MyBar is now up and running again following a cyber-attack. Authorisation to Practise deadline extended. No data lost and no ransomware was activated (although that is what they wanted to do).
MC: We'll publish security consultants reports to help Chambers secure themselves. National Cybersecurity Taskforce has guidance for Chambers which is on our website. #barcouncil
Cyberattack has delayed the annual audit but accounts should be available for AGM. Negotiations over reasonable pension deficit number continue. Investment manager is being appointed. #barcouncil
#barcouncil accounts: Current surplus £1.3 m. There has been a staff salary overstaff as a result of having to employ temporary staff.
#barcouncil Young Barristers Cttee: Results of Young Bar Report identified problems re: work distribution and bullying. Work continues. Paid internships in chambers for young Ukrainian lawyers are now available. Chambers that want to participate should make contact.
#barcouncil: The Anglo-Dutch exchange restarts in the Autumn. "Skills for Law and Success" is a scheme to mentor 16-18 year olds (done with Kalisher Trust). Again, get in contact if you want to be involved.
#barcouncil: Worried by access to justice implications of the "paper-only" small claims process. It also means young barristers lose work that would develop skills. The Solicitor General says he would be happy to be briefed on it.
#barcouncil: Philip Moser QC European Committee. Deals with UK/EU Relations and EU Law. Report is 84 pages, but incorporates "Brussels News" the publication that updates the Bar on EU developments.
#barcouncil: The material is produced by our Brussels office. Because of NIP difficulties all other avenues of engagement are blocked. Bar Council has had to find other ways of engaging. We have leveraged personal connections in Cmn and in other national bars.
#barcouncil: There is now a "Retained EU Law" working group.
#barcouncil Anticipated that there will be an MoU(s) between UK professions and EU professions because directly replicating recognition of qualifications is not feasible.
#barcouncil #PMQC endorses Solicitor General's comments about fundamental importance of ECHR and its significance, amongst other things, to the TCA. A pity, he says, perhaps that the Deputy PM couldn't have been here to hear it.
#barcouncil MFQC: Immense desire on part of professionals across EU to keep working with the Bar of E&W. Tensions over NIP makes communication difficult. They say not going to engage on anything else whilst UK Govt is threatening to breach international obligations.
#Barcouncil MFQC: Cttee work on SLAPPs pre-dated the UK Govt's becoming more interested. Also, dialogue with EU institutions is also important to avoid unwitting divergence from standards.
#barcouncil Now Stephen Kenny QC delivers the Ethics report. international matters have featured. Chinese sanctions on UK Lawyers, Ukraine sanctions and SLAPPs. Govt not it appears proposing to alter professional rules of engagement.
#barcouncil Crim judge complained about a barrister who withdrew on advice. Some substance in complaint. Daniels in C of A also focussed on withdrawal. As a result now automaticaly escalated to criminal practitioners on panel. 2-3 enquiries came in PER DAY. Advice now published.
#barcouncil. There is a free online seminar on issues too: barcouncil.org.uk/training-event…
49.6% of respondent's to #barcouncil survey had used Ethics hub or enquiry line. 40.7% had used ethical enquiry line, the rest went to the hub. SKQC invites people to familiarise themselves with the Ethics hub. Start there.
#barcouncil MFQC very small numbers of sanctions licences issued and vanishingly small number for the Bar. applications now not being made because they require 4-5 days work and no answer is forthcoming. #OPSI is under-staffed. Solicitor General is asked to take note.
*OFSI not OPSI gov.uk/government/org… #barcouncil
Now the amazing @DabbottDaisy talks about @FreeRepUnit. Work getting harder. Employment cases coming with no prior legal advice. Claims missed. Wring Respondent identified etc. More time needs to be spent.
#barcouncil Volunteering positive affects pupillage/tenancy prospects. @FreeRepUnit needs funds! 50th anniversary. Trying to raise £50k. People urged to contribute. Excellent relations with Bar Council which will host a blog.
#barcouncil Other forthcoming events nternational Business Development. Paid event, online. 17:00 on 20 June 2022. Bookings at: barcouncil.org.uk/training-event…
Putting the E in ESG – Setting Targets for Sustainability. Free to attend, online places only remaining. 10:00 on 22 June 2022. Bookings at: barcouncil.org.uk/training-event…
Green Recruitment – What it is and Why it Matters. Free to attend, online. 12:30 on 27 June 2022. Bookings at: barcouncil.org.uk/training-event…
Introduction to the Bar (for sixth form and college students). Free to attend, online. 16:30 on 30 June 2022. Bookings at: barcouncil.org.uk/training-event…
#barcouncil Natalie Zara: proposals on co-options. Each cttee can co-opt 2 members. They would be appointed once, renewable once. You can only be co-opted onto one committee at a time.
#barcouncil Call for AOB
#barcouncil Discussion now of cab-rank and reputation of the profession. MFQC: Political reaction to Ukraine invasion has brought lawyers into crucible of political debate. Number of sanctions licences is significantly less than double figures.
#barcouncil Cab rank provides us with extraordinary protection. We represent clients we might find morally distasteful. Some colleagues associate themselves with clients particularly in Twittersphere and on websites.
#barcouncil this can put others under pressure to *disassociate themselves from, for instance, sanctioned clients.
#barcouncil Minka Braun asks if BC will support days of action. MFQC says anyone instructed to attend court who then fails to attend even with client's consent risks being reported to BSB by judge or by prosecution. MFQC doesn't know what BSB would do but cannot see a defence.
#barcouncil MFQC says he would support individuals. They can make themselves unavailable but cannot, if booked fail to attend and derail a hearing. Stephen Kenny QC confirms. Ethics will give advice confidentially, but very likely indeed that there will be a breach of standards .
.. if a barrister fails to attend a hearing for which they have accepted instructions and prosecution counsel may be obliged to make a report. Careful advice may allow not accepting new instrucitons on ground of inadequate fee but must not cherry-pick.
#barcouncil MB responds that criminal practitioners well understand the risk. Of course there will be a breach, but if large numbers place themselves at risk, can we expect #barcouncil will say sympathise and understand what trying to achieve
#barcouncil MFQC says almost every waking minute is spent trying to persuade Govt to make progress. Bar Council wants a sustainable Bar that can service the Criminal Justice System. Widespread understanding of lack of capacity in Crown Court.
#barcouncil One of the reasons that Govt has put 15% starting point into place. Bar Council working very hard on it. CBA members are involved in RemCom and elsewhere. There is no divide.
#barcouncil Nicholas Vineall QC: We must not breach sanctions. Powers that be will come down like a ton of bricks. BSB thought only one barrister had applied for a licence. They thought that suggested others were acting without licence.
#barcouncil You can give advice to a sanctioned individual but cannot be paid. That includes being paid by a vehicle controlled by a sanctioned individual. Need good Chambers systems.
#barcouncil Stephen Kenny QC: BSB misunderstands. Barristers only apply for licences where they are accepting direct instructions. Otherwise, the solicitor gets the licence. May need to get a complete picture of organisation to see whether there is a sanctioned entity in there
#barcouncil Nicholas Vineall QC says don't forget cab rank still applies. You cannot just turn down work because someone is Russian and you don't like the look of them.
#barcouncil to avoid risk of criticism of those who represent the unpopular, more caution needed when associating ourselves with popular ones. SKQC: Old code used to preclude comment on cases in which instructed. Think before commenting on any case or cause with which associated.
#barcouncil Aaaaand we're done. Thanks all. Have a good weekend. Any @EmpLawBar members who have questions about the issues raised or who would like me to raise issues, please feel free to make contact.
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