The Enterprising Barrister: Organisation, Culture and Changing Professionalism

Description

What is it like working as a barrister in the twenty-first century? The independent Bar has undergone a transformation in the last 30 years and evolved into a commercialised, enterprising profession. Based on interviews with and observation of barristers and chambers’ staff, this book identifies key changes that have taken place at the Bar and how these are reshaping barristers’ professionalism and working culture. This is the first empirical overview of the depth, scope and effects of multiple reforms that have been imposed on the profession and explores how practitioners have responded. It analyses how this once-unified profession has fragmented, as the lived experiences of barristers in different practice areas have diverged. Highly specialised sets of chambers now operate like businesses, whilst others, dependent on legal aid funding, struggle to survive. This book offers a unique examination of different sites of change: how the chambers model has evolved, how entrepreneurial barristers market themselves, how aspirant law students prepare to enter the profession and how regulatory and procedural reforms have imposed managerial constraints on practitioners. The conclusion considers what these far-reaching changes mean for the future of the Bar in England and Wales. Acknowledgements Contents List of Abbreviations 1. The Enterprising Barrister I. The Research II. Ethnographic (Re)Immersion III. Observation IV. Research Context: A Period of Crisis V. Theoretical Framing of the Legal Profession VI. Early Perspectives VII. Professional Jurisdictions VIII. The Neoliberal Profession IX. New Modes of Governance X. The Structure of the Book 2. Old Bar, New Bar: Reforming the Profession I. The Early Origins of the Bar II. The Inns of Court: Influence, Control and Training III. A Gentleman’s Profession: Status and Distinction IV. Lawyer Monopolies and Jurisdictional Disputes V. Representation and Regulation VI. Legal Aid and the Growth of the Bar VII. Calls for Reform VIII. Loss of Monopolies and Internal Reforms IX. The End of an Era: The Courts and Legal Services Act 1990 X. Solicitor Advocates XI. State Withdrawal: Reduction of Legal Aid – Civil Work XII. Transforming Legal Aid XIII. The Neoliberal Bar: Independent Regulation and the Legal Services Act 2007 3. The Business of Chambers I. The Traditional Chambers Model II. The Growth of Chambers and the Rise of Specialist Teams III. Location: Front Stage, Backstage and Chambers as a Virtual Space IV. The New Commercialism: Business and Management V. The New 'Super Clerk' VI. Chambers as a Business VII. Chambers' Branding VIII. ABS and Going 'Global' IX. Online/Virtual Chambers X. A Traditional Chambers Model or Something New? 4. Getting in, Fitting in: The Enterprising Aspiring Barrister I. Pupillage Places II. The 'Special' CV III. Mini-pupillages IV. Further Educational Qualifications V. Other Work Experience VI. The Implications of these New Trends VII. Pupillage Selection Processes VIII. The Sifting Stage IX. The Interview Stage X. Discussion 5. Getting Work: The New Marketeers I. Barristers and Solicitors II. The Self-Promoting Barrister III. Online Branding, High Visibility and Social Media IV. Marketing in Groups/Teams V. Individual Initiatives: Specialism, New Practice Areas and Diversification VI. Relationship Building VII. Attitudes to Marketing 6. Direct Access I. Fees II. Suitability III. Client Contact: 'I Don't Want to be a Solicitor' IV. Offending Solicitors: Biting the Hand that Feeds You? V. Public Awareness VI. What Next? 7. Bar Culture I. The Development of Bar Ideology II. Excellence, Commitment and Integrity III. Independence and Self-Employment IV. Independence and Excellence Constrained V. The Loss of State Support VI. Powerful Clients VII. Conditional Fee Agreements VIII. Managerial Reforms and Independent Regulation IX. Civil Procedure and Costs Rules X. Public Service and Pro Bono XI. Discussion 8. Community, Unity and Fragmentation I. The Inns of Court and Circuits II. Specialist Bar Associations III. Chambers IV. A United Bar or an 'Imagined Community'? V. The 'Private/Public Divide' VI. Changing Chambers VII. Women at the Bar VIII. Discussion 9. Conclusion: A New Bar, with a New Kind of Barrister? Appendix Bibliography Index