The bar has come a long way over the past 40 years and its independence can benefit both solicitors and clients, argues Robert Akenhead

What are the advantages of an independent bar in these modern times?


One has to start by recalling the good (or bad) old days. The bar was hidebound by rules, which, to preserve independence, isolated the barrister from the client and the solicitor. The briefs or instructions, tied up with red tape, presented the facts, documents, and witness proofs to counsel for opinions, drafting of pleadings or representation in court or arbitration. Forty years ago, it could be professional misconduct to meet a client without a solicitor present or to have lunch with a solicitor.


Apparently deferential clients and solicitors would come to counsel's chambers for conferences to receive pearls of wisdom from the man or (very occasionally) woman on the other side of the leather-topped desk. Barristers did occasionally go abroad, mostly to Commonwealth countries to appear in courts and arbitrations.



But the bar has moved on and it has become more diverse. The key change is one of approach. The recent announcement of the Queen's Award for International Trade being made to Atkin Chambers (see [2005] Gazette ,28 April, 6) - the first chambers to win the award - reflects the changes that have taken place.



Barristers now, generally, regard themselves as part of a team with solicitors. The modern firms of solicitors are sophisticated with extensive resources; their staff are highly educated and commercially minded - and the bar has had to keep pace. To do so, the bar has had to adapt in many ways and, in the light of the Clementi report on legal services, will have to adapt more. The changing face of litigation has led to the need for detailed co-operation between barristers and solicitors. An example is the use of written statements and expert reports in civil litigation where it is now common for barristers to be involved in the vetting of them.


The availability of the bar to solicitors and clients provides a reliable resource that is not necessarily present within some law firms or clients. The independent bar can provide specialist expertise at prices that represent good value for money because the bar's overheads are much less than those of a firm of solicitors.


The independence of barristers is seen as an important asset. In the Far East, English counsels' opinions are frequently exchanged between disputing parties as part of negotiations because they are perceived as carrying sufficient weight to influence the outcome.


The independence factor is ingrained into barristers, so much so that they regard it as their overarching obligation to give the client unpalatable advice even if they suspect that they will never be employed again by that client.


Senior barristers are often retained as arbitrators in both British and international arbitrations. Apart from individual reputations, the independence factor is very important in this context. English QCs have been appointed as arbitrators in almost every country in the world. They have even broken in to the US, until recently a closed market to English lawyers of any sort.


Barristers, often in conjunction with British solicitors, are taking great steps to advance what is effectively an export-led drive in legal services throughout the world. Whereas historically they have been reactive in accepting instructions, they are now much more proactive.


Whither the Bar? It will continue to work with solicitors for the large majority of its work, but will do so commercially and as part of a team.


Robert Akenhead QC, head of Atkin Chambers, Gray's Inn, London