The BSB has made recommendations that barristers be finally allowed to accept instructions direct from members of the public, including those eligible for legal aid funding. In addition to concerns that this will may have the effect of reducing the number of clients seeking litigation advice from law firms, many solicitors have expressed their annoyance at being quite tactlessly described as “superfluous intermediaries” by the BSB’s report.

Criticisms of the proposal are likely to include the lack of client care experience on the part of barristers, and the unsuitability of a traditional chamber’s setup for handling clients. They may also point to a potential lack of empathy amongst (still largely private school educated) barristers for those clients who are impecunious enough to require state financial assistance for basic legal services.

The report makes an excellent point, however in terms of the cost savings that clients may achieve by “cutting out the middle man.” One wonders, however, if better cost efficiency for clients might not be achieved by removing barristers from the equation instead... This is not a conclusion which the BSB is likely to reach, however, when it published the results of its consultation on the proposals in spring next year.