The recent article by Dr Yuri Rapoport ('Open Season', [2008] Gazette, 13 March, 12) suggests that the Bar Standards Board (BSB) employs a policy of 'naming and shaming' 'bad barristers' in reference to the publication of disciplinary findings on the BSB website. This is an inaccurate representation of both BSB policy and the role of the website.


The BSB, as regulator, is committed to implementing improvements for the benefit of the profession and consumers, and operating in a transparent manner. The resources available on the website are there, ultimately, to help improve the quality of barristers' work and to assist consumers in assessing the performance of barristers they may want to instruct.



The website provides consumers with easy access to clear information on our complaints process and how to make a complaint against a barrister. This includes the option to search the BSB's records to find out whether a barrister has published disciplinary findings against his/her name.



This facility is not designed to 'name and shame' barristers. In reality, the BSB recognises that most barristers provide a very high standard of service. The information is, instead, there to ensure that consumers, and other instructors, have the information they need to make an informed decision regarding their instruction of a barrister. This is the reason we publish details of forthcoming hearings and details of disciplinary findings against barristers subsequently found guilty of professional misconduct. Details of dismissed cases are not retained on the website.



It was suggested by Dr Rapoport that the BSB could do more to improve the quality of barristers in the first instance, such as reducing the probability of complaints in the first place. The BSB considers that publishing information about proved cases helps in this regard, as it allows other barristers to understand what types of actions may lead to disciplinary findings and assists them in avoiding such behaviour, thereby reducing the probability of complaints.



Far from being 'post mortem' in our approach, we are proactive and positive in our efforts to strengthen the profession. We have in place a range of initiatives designed to improve the quality of barristers in the interests of the profession and public alike. These include a pilot scheme to monitor chambers' compliance with the code of conduct, as well as educational initiatives, including a review of the Bar Vocational Course currently being conducted by a working group chaired by Derek Wood QC.



The website is just one tool in a range used by the BSB to promote and safeguard the highest standards of legal education and practice in the interests of clients, the public and the profession.



Ruth Evans, chair, Bar Standards Board