Chair's Column

The history of the profession; its fine record on social mobility; the pro bono work by its members; abolishing the Legal Services Board; the Jeffrey Review; legal aid cuts; and the long term future of the profession. 

The first recorded reference to a barrister, in the Black Books of Lincoln’s Inn, dates from 1466. Our profession has survived the Wars of the Roses, the Civil War and the Glorious Revolution, and remains an important part of our justice system, and one we should be proud of. This is well understood by barristers and judges, but is not always understood in Westminster and in the corridors of government. It is our task to keep driving this message home.  

As the year in office draws to a close, final reflections both on how difficult these twelve months have been for the Bar, and on how much there is for all in the profession to be proud of and to fight for. 

Contributor
Maura McGowan QC, Chairman of the Bar 

2013 has been, as everyone keeps telling me, a very difficult year. We have seen the implementation of LASPO, which has denied legal aid to very many vulnerable people seeking to enforce or defend their rights in family, housing, employment and immigration cases. It has seen two consultations on legal aid funding for criminal work which demonstrate a stubborn commitment by the Ministry of Justice to cut fees, irrespective of the damage done to a legal profession which is the envy of the world, and in total defiance of the fact that fees in some areas of crime have already been cut by 40%. These cuts are planned against a background in which the legal aid spend in crime was £1.1 billion in 2011 and has since fallen to £0.9 billion in 2012. Of course, nobody can depend on the fact that the rate of crime will continue to fall but a very substantial part of that saving has been achieved by the previous cuts in fees. That is being ignored. We continue to argue the case as vigorously as we can. 

Addressing lazy journalism; recognising what really motivates members of the Bar; looking at the pro bono work carried out on all fronts by so many; and the need for wider understanding of this contribution by all, especially the Government 

Contributor
Maura McGowan QC, Chairman of the Bar 

On a cold, wet, miserable winter’s evening at the beginning of the year I set off to a seminar on legal rights for disabled people in a slightly musty community centre opposite Pentonville Prison. I was slightly depressed by yet another tabloid rant about “fat cat” lawyers living off the “gravy train” that is the legal aid budget. I arrived to find that the event was sponsored by one set of chambers and was being addressed by a barrister from another set. It was a perfect example of the total breakdown between the fact and the lazy journalism that provides the fiction. 

A reflection on the extraordinary achievements of the outgoing Lord Chief Justice, Lord Judge 

Contributor
Maura McGowan QC, Chairman of the Bar 

A standing ovation in the court of the Lord Chief Justice is a rare phenomenon. But it happened spontaneously, and with genuine warmth, at the valedictory ceremony for the outgoing incumbent, Lord Judge. The court was packed and places had been available by invitation only. If the proposed broadcasting of the proceedings in the Court of Appeal had been in place, it would have been a marvellous occasion to have captured for posterity. 

On the occasion of his retirement, a look back at the inspirational career of Sir Sydney Kentridge KCMG, QC and the example he has set in preserving and protecting the Rule of Law 

Contributor
Maura McGowan QC, Chairman of the Bar 

November 1922 saw a number of very significant events: the Ottoman Empire ended, Howard Carter discovered the tomb of Tutankhamen and Sydney Kentridge was born in Johannesburg. 

Defending the profession; resisting cuts that will destroy access to justice for all; understanding the value of our justice system in a civilised society; and amidst all the proposed changes, the need to establish a Royal Commission to carry out a full, independent review 

Contributor
Maura McGowan QC, Chairman of the Bar 

Barristers are such an easy target. Trite sneers are instantly available to the disappointed litigant, failed pupil or populist politician. We are “fat cats” sitting in “Georgian terraces” bleating about the “racket” coming to an end. The natural response of the practitioner to these comments is anger and frustration. 

Government legal aid proposals; the shrinking effect on the Bar and on pupillages available; the need for a solution to the pupillage crisis; and one possible answer 

Contributor
Maura McGowan QC, Chairman of the Bar 

The autumn of 2013 will see Government proposals which may bring about the greatest changes to the provision of legally aided representation in criminal cases since the introduction of public funding for those accused of crime. The last two years have seen the most fundamental reduction of legal aid provision in family and general civil work since the introduction of legal aid in 1948. 

A look at the government’s new consultation on legal aid reform and an urgent call to all sections of the Bar, irrespective of discipline, to respond

Contributor
Maura McGowan QC, Chairman of the Bar 

I would imagine that being hit and knocked out by a speeding car means that when you come around you feel a mixture of relief at not being dead and a deep concern about whether your injuries might yet turn out to be fatal. That’s the dawning feeling for most of the criminal Bar following publication of the Ministry of Justice’s (MoJ’s) consultation paper, Transforming legal aid: delivering a more credible and efficient system. 

The importance of monitoring and measuring the effects of LASPO; ensuring recognition of pro bono work by both the Bar and those outside the profession; and the Bar’s fight to preserve the Rule of Law. 

Contributor
Maura McGowan QC, Chairman of the Bar 

By the time this is published the provisions of the Legal Aid, Sentencing and Punishment of Offenders Act relating to restrictions on the scope of legal aid will have come into force*. 

The new landscape of Alternative Business Structures; forming our own views on how our profession would best evolve; and increasing recognition of the economic value created by the Bar 

Contributor
Maura McGowan QC, Chairman of the Bar 

The first two months of the year have seen change and the promise of change.