How do you know that your barrister is competent in the area of law that your case involves? In fact, you don't. You rely on your solicitor to instruct a competent barrister. But (according to The Times on June 6th) there are now more than 10,000 barristers in nearly 600 chambers in England and Wales. So how does your solicitor choose? Perhaps he uses a small number of chambers of known competence. But there may be many more of equal or greater merit and specialised competence who might even be less expensive.
The profession has decided to assist solicitors and others seeking a barrister to identify which chambers are managed efficiently by introducing a quality assurance scheme, a difficult concept to grasp. The scheme is voluntary and it is only to be expected at first that many chambers will think that they do not have to prove that they are well run, results speak for themselves. However, in the longer term, this quality assurance will surely be what clients seek when appointing barristers.
Barristers' chambers apply to the Bar Council for the award of the Bar Mark Quality Assurance Standard and, if successful, will, no doubt, let it be known that they have achieved the standard by showing the logo wherever possible, though it is not, I believe, likely that a swinging sign will be set up outside chambers. We hope also that the Bar Council will give the scheme plenty of publicity.
The standard is certified by the British client who is dealing with their case, monitor the Standards Institution (an NfCG Associate) and progress of the case, inform the client what the is an assurance of the highest standards of cost will be, whether it is likely to increase, practice management and professionalism. and how long the case will take to resolve.
Any quality assurance certified by BSI has been ~ There are several other areas covered by the gained through much hard work and standards such as management structure, reorganisation and the Bar Mark is no exception. The ~- ~ - applying chamber's way of working is examined in great detail in all imaginable aspects, including client care and equal opportunities, and has to be found to be operating to the highest standards in all of them. NfCG welcomes this imaginative initiative from within the profession. That gaining recognition is difficult is perhaps well illustrated by the fact that only five chambers, so far, have, we understand, been awarded the Bar Mark. Three are in London, one in Southampton and one in Newcastle upon Tyne. (Several more have now gained recognition.) If you want to explore in detail the BarMark scheme there is a section devoted to it on the Bar Council's website www barcouncil.org.uk\barmark.html
At one time, unless you were one yourself, and perhaps not even then, you never questioned the advice or other service you received from your doctor, solicitor, accountant or bank manager They were professionals and knew best. People now have a more questioning attitude, though they are not usually in a position to comment on the legal advice they receive. They do, however, expect to be dealt with considerately, efficiently and promptly. Most complaints about solicitors are not to do with the law but with the way people have been treated as clients.
Now there is a quality of service indicator for solicitors, written by lawyers, for lawyers, the Law Society's practice management certification scheme, known as Lexcel. Practices are independently assessed as to whether they have in place sufficient, and sufficiently good, systems and procedures to meet a range of practice management standards. They can, at the same time, be assessed for the Investors in People or the ISO 9000 standards and many of those holding certification seem to have done so, or were already accredited with these standards. The scheme is not that new, the first certification was granted in July 1998 to Brighton and Hove Council Legal Services. The Law Society reports that interest in the Scheme is growing. They have received 113 applications to date ( June 13th) and approved 92. The rest are being carefully assessed. Many of those approved are Local Authority Legal Departments but private practices predominate. It does not seem to be only the big practices either, several firms with one or two partners and a small number of staff appear in the list.
By all accounts it was difficult to draw up a system of quality checks for solicitors. For one reason most clients are dealt with by one person and 'departmental checks' are not appropriate. However, it has been achieved, and for Lexcel approval, solicitors' practices must. demonstrate that they exercise careful case management, always tell' any
financial management, people management, office administration, and forward planning.
It is a tough regime. Assessment is carried out by assessment bodies already accredited for the purpose of assessing ISO 9000 and by a number of Investors in People assessment units. The Law Society uses these outside bodies to ensure that the assessment is objective and rigorously quality controlled. The Law Society checks disciplinary records and claims on the Solicitors Indemnity Fund before a certificate is awarded and the certificate is only valid for three years and subject to successful monitoring visits on the first and second anniversaries. After three years a full reassessment is required.
For more information on Lexcel contact the Law Society on 0870606 2522
From the point of view of consumers of legal services matters do seem to be improving, with both sections, barristers and solicitors, taking steps to polish their images. The test will come when some solicitors' practice or barristers' chambers, having been awarded a Lexcel or Bar Mark, fails to live up to it between assessments or monitoring visits. What happens then? These are just codes of practice, like many others, and succeed or fail in the monitoring and firm disciplinary action taken against those whose standards fall below the level that the awards require.
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