The Bar Council Integrity. Excellence. Justice. Strategic Plan for

Transcription

1 The Bar Council Integrity. Excellence. Justice. Strategic Plan for Introduction from the Chairman and Chief Executive This strategic plan sets out a clear direction of travel for the Bar Council over the next three years. It will be a time of challenge and opportunity for the Bar, and for the Bar Council. We want to use this plan to shape the work of the Bar Council to help ensure that the justice system continues to develop, that the Bar as a whole continues to thrive, and that individual barristers have the help and support they need. We are fortunate to have the commitment and expertise of a very large number of barristers who contribute to our work, and of a highly professional staff. We are committed to ensuring that the Bar Council raises its game to achieve bigger impact with more effective use of our resources, and to be seen as exemplary in all that we do. Contents Paragraphs Introduction 1 Who we are 2-6 Our values 7 What we do 8 Our strategic aims 9-10 Our objectives for Introduction 1. This strategic plan sets out our strategic aims and three-year objectives for It will provide the basis for our annual business plans which include more detailed annual business objectives. 1

2 Who we are 2. The Bar is a strong and independent profession of advocates whose existence is vital to the maintenance of the Rule of Law. It encompasses both self-employed and employed practitioners. It exists to serve the public and is crucial to the administration of justice. 3. Barristers enable people to uphold their legal rights. They speak truth to power, whether to Government or mighty corporations. Their role is to speak fearlessly on behalf of their clients, some of whom may be among the poorest and most vulnerable in society. Barristers must discharge their duties irrespective of their views of the client or the client s case, no matter how unpopular they may be. They must act without regard to commercial or group interests. They have a duty to the court to ensure that justice is served by full disclosure and presentation of all relevant authorities, which is a duty which overrides their duty to their clients. 4. The Bar makes a vital contribution to the efficient operation of criminal and civil courts. It provides a pool of talented men and women from diverse backgrounds from which a significant proportion of the judiciary is drawn, on whose independence the Rule of Law and our democratic way of life depend. 5. The Bar Council represents over 15,000 practising employed and self-employed barristers in England and Wales, and a further 7,200 non-practising barristers in this jurisdiction and overseas. It is a membership organisation which promotes the Bar s high quality specialist advocacy and advisory services; fair access to justice for all; the highest standards of ethics, equality and diversity across the profession; and the development of business opportunities for barristers at home and abroad. 6. Under the Legal Services Act 2007 the Bar Council is also the Approved Regulator of the Bar of England and Wales. It discharges its regulatory functions through the independent Bar Standards Board (BSB). This Strategic Plan is consistent with the BSB s own Strategic Plan. Our values 7. All of our work will be firmly underpinned by the values we embrace: fairness, respect, integrity, excellence and value for money. What we do 8. We have a strong foundation on which to build. Below are some examples of our recent work. We campaign for a fair and equitable approach to legal aid. The Bar Council 2

3 has secured, through intense lobbying, significant changes to the scope of the Government s reform programme. We contribute to the development of the legal system through expert and highly respected responses to consultation, and through close engagement with Government and other stakeholders. We support the effective regulation of the Bar through resourcing and promoting the independence of the Bar Standards Board (BSB). We help barristers to develop their business. We help chambers and barristers to adopt standard contractual terms (if they wish to do so), enabling them to have genuine redress in the event of being unpaid for work done. We have launched a third party escrow account service (BARCO) for barristers that will facilitate the BSB s entity regulation model and public access work. We promote new mechanisms for the Bar to get work. We promote the Public Access scheme and advise local authorities and other block purchasers on how best to access the Bar s services. We played a key role in the Unlocking Disputes campaign by promoting the Bar s role in securing London s preeminence as a centre for worldwide legal services. We promote high quality professional practice at the Bar. We provide a range of up-to-date notes on issues of the day affecting practice. We give access to a wide range of commercial affinity products and services. We also publish a Taxation Guide specifically tailored to the needs of barristers. We communicate the views of the profession about matters affecting the administration of justice, law reform and the Rule of Law with Government, Parliament, the media and relevant EU institutions. We run an ambitious social mobility programme to promote greater diversity among the profession and support a variety of initiatives including the National Bar Mock Trial Competition, Bar Pro Bono Unit and the Free Representation Unit. We provide an online gateway service for applicants for pupillage, and for Chambers to advertise pupillages. We provide information for those considering a career at the Bar, including online material and free booklets. We attend law fairs to represent the Bar, and arrange for barristers to attend schools to publicise the Bar. 3

4 We provide association management services to a range of Specialist Bar Associations, the South Eastern Circuit and the Institute of Barristers Clerks, which exist to support the work of the Bar. We provide conferences, seminars and training sessions across the full range of interests at the Bar. We provide services directly to the Bar with the aim of providing benefit to professional and personal lives. We provide telephone helpline services offering guidance on ethical conduct, equality and diversity, pupillage and remuneration matters. We help barristers to recover 2 million each year in unpaid fees. Our strategic aims 9. Looking ahead, we want to focus our efforts to achieve clear strategic aims, underpinned by three-year objectives. These are set out below. We recognise that we need to prioritise our activities so that we invest sufficiently in those which have the biggest impact, and are prepared to scale back or stop lower impact work. 10. We have set eight strategic aims that will govern everything we do in future. Aim 1 - To be a powerful influence on the development and implementation of Government policy in order to secure the highest standards of justice, equity, integrity, access and efficiency in our justice system. Aim 2 - To provide leadership to equip the whole Bar to meet current and future challenges; and to help barristers to maintain and enhance the quality of their work, adapt to changing circumstances and operate more efficiently and effectively. Aim 3 - To secure a sustainable role for the Bar as a key player in the maintenance of the Rule of Law and the efficient administration of justice as well as being the leading provider of high quality, value for money advocacy and specialist advice, and of candidates for the judiciary of the future. Aim 4 - To promote the work of the Bar in the interests of the Bar, the wider economy and society at large. Aim 5 - To promote equality and diversity across the Bar. 4

5 Aim 6 - To promote and support the effective, independent regulation of the Bar through the BSB to ensure the highest standards of professional practice and to protect the public interest. Aim 7 To work with the Council of the Inns of Court (COIC) and with each of the Inns to support their work in educating and training barristers, in maintaining the ethos and values of the Bar and helping them in their dealings with Government, regulators and other external audiences. Aim 8 - To improve the effectiveness and the efficiency of the Bar Council to ensure that we can achieve these challenging aims. Our Objectives for For each of our strategic aims we have set clear objectives for These are set out below. Aim 1 - Influencing policy 12. The Bar Council is a highly respected contributor to the public policy debate, and values its constructive working relationship with Government. The Bar is facing a particularly challenging policy agenda. It is essential that the Council continues to engage closely and effectively with Government as a credible and expert contributor to the debate, and where necessary acts as a powerful campaigning force working closely with other stakeholders. We will work constructively with Government and other stakeholders in the search for greater efficiency and effectiveness in the administration of justice. We will continue to campaign for fair and efficient remuneration for the work undertaken by publicly funded practitioners. We will explore alternative ways of funding the civil justice system whilst maintaining access to justice, particularly for the poorest and most vulnerable in society. We will support the work of the Law Commission and contribute high quality, expert responses to their and other consultation exercises. Aim 2 - Providing leadership and support to barristers 13. The Bar Council provides leadership to the whole Bar and a valuable and valued set of services for individual barristers. We need to ensure that the benefits of these services are widely known and that we develop existing and new services in response to the challenges facing the barristers of tomorrow. 5

6 We will listen to the Bar, through effective direct communication and consultation and at conferences and other events, and develop our services in response to an even clearer understanding of what barristers need and want. We will seek to ensure a sustainable basis for these services while keeping the requirement for central funding to a minimum. We will communicate effectively the work of the Bar Council and the value it adds to the profession and the public. Aim 3 - Ensuring sustainability 14. The privately funded Bar continues to thrive. It makes a very significant contribution to the UK economy. The publicly funded Bar, in contrast, is under great pressure. A combination of market forces and changes to legal aid has led to a marked reduction in both business and income levels, to the point where specialising in publicly-funded work will become difficult. We will encourage potential barristers and new entrants to the Bar to develop areas of practice which are most closely suited to their capabilities and skills and the availability of suitable work. We will encourage members of the Bar to invest in their future by promoting training and development in acquiring the capabilities and skills needed by barristers in the future to enable them to develop financially rewarding and sustainable careers, whether publicly or privately-funded. We will secure development, counselling and support services for those at the Bar who are considering a career change from the practising Bar, to enable them to make the best use of their experience, capabilities and skills. Aim 4 - Promoting the Bar 15. The Bar has a strong and distinctive reputation. We need to sustain and enhance this, underlining both the benefits of working with barristers in terms of quality, relevance and value for money, and the impressive contribution of the Bar to social goals. The Bar s pro bono work helps some of the poorest and most vulnerable in Society, work that is a vital part of the Bar Council s promotion of fair access to justice for all. We will promote the value of high quality advisory and advocacy services in the UK, through our media relations work and other outreach. We will support on a selective basis international work aimed at promoting both the business of the Bar abroad for the benefit of practitioners and the UK economy, and the Rule of Law. 6

7 We will identify, stimulate, promote and (in appropriate cases) directly provide high quality services for supporting the Bar in practice. We aim to become the generally recognised point of contact for anyone interested in doing business with the Bar, be they business, the public, Government, local authorities, solicitors. We will help the profession to make its pro bono contribution in the public interest. Aim 5 - Promoting equality and diversity across the Bar 16. The Bar has a very good track record of encouraging equality and diversity, but it remains substantially male and white, particularly at senior levels. There are fears that the current pressure on the publicly funded Bar will reduce diversity. We will develop our social mobility strategy and plan in consultation with the Inns of Court, the Circuits and the Specialist Bar Associations.at scheme We will review our careers literature and support for initiatives such as the annual Bar Placement Scheme, the Speak up for Others scheme for schools, and the National Bar Mock Trial Competition, to ensure we maximise impact. We will develop and enhance advice to chambers and barristers on equality and diversity issues, and services to those seeking pupillage and to chambers seeking pupils. We will give particular priority to under-represented groups in our work on ensuring sustainability for the bar, and to promoting equality and diversity at more senior levels. Aim 6 - Supporting effective regulation 17. We are committed to making the regulatory arrangements work in the public interest. The Bar Council has a critical part to play in ensuring appropriate resources for and the independence of the Bar Standards Board. We are committed to securing that independence whilst ensuring that the BSB benefits to the fullest extent possible from the Bar Council s common services that support their work. We will apply fairness and rigour in assessing the resources reasonably required by the BSB, and in discharging our statutory oversight function. We will work constructively with the Ministry of Justice, the Attorney General s Office and the Legal Services Board in seeking to ensure that the 7

8 overall level and style of regulation is fair, proportionate and appropriate for legal services. Aim 7 Working with COIC and the Inns of Court 18. We will work in partnership with the Inns collectively (through COIC) and individually to support the important work they undertake in relation to the education and training of barristers, in particular through the Advocacy Training Council, by contributing to the formulation and development of policies and by providing other support. 19. We will offer advice to COIC and the Inns in their responses to initiatives from Government, regulators and other audiences external to the profession (including Parliament and the media) who take an interest in their affairs and, where appropriate, we will offer assistance to the Inns in communicating with those audiences. Aim 8 - Improving Bar Council effectiveness and efficiency 20. In order to improve our effectiveness and efficiency, we need to: improve our use of resources; be clearer about how we measure success; ensure that we have the capacity, skills and experience needed to deliver our strategic aims and objectives; and improve and streamline our governance and ways of working. 21. The Bar Council is funded primarily through contributions from individual barristers. The compulsory Practising Certificate Fee (PCF) is levied to support regulatory and representative functions - the so-called permitted purposes - and the central services that underpin them. The Bar Council has recently decided to reform the basis of allocation of the fee so that it relates to income rather than seniority, to better reflect the changing patterns of income across the Bar. There are also significant income streams from voluntary contributions and services provided to barristers, from regulatory action and from the Inns of Court. 22. We have recently taken some important steps to promote efficiency, notably by significantly reducing the amount of, and hence the cost of, the accommodation we need. We are investing systematically in our IT infrastructure to streamline our working practices. 23. We need to improve the way we allocate resources to key priorities, and redouble our efforts to provide value for money. We need to put in place more systematic evaluation of our programmes and services. And we need to be able to demonstrate clearly the value that we add for members of the Bar and in the wider public interest. 8

9 24. The Bar Council benefits from the high quality of its employees. We are committed to continually improving the effectiveness of the organisation and its reputation as an employer, and to developing our people. 25. One of the great strengths of the Bar Council is the commitment that individual members of the Bar demonstrate in contributing their time and expertise, through the Council s committee structure and in other ways. We also have talented lay contributors to governance and a highly professional staff with a wide range of experience and expertise. 26. We need to continue to improve the way that we work to ensure that we are making the very best use of this talent and harness it to the achievement of our strategic aims and objectives. 27. The current arrangements for governing the Bar Council have served the organisation well over many years, and have been amended from time-to-time. We need to ensure that our governance continues to evolve so that it is fit for purpose in a time of change. 28. In the light of the above we have set the following three year objectives to improve overall efficiency and effectiveness. We will continue to strengthen leadership, performance management and operational efficiency. We will explore the opportunities to diversify our sources of income, always ensuring that these activities are in line with our strategic aims and are of benefit to the Bar. We will aim to stabilise and over time reduce in real terms the call on individual barristers for funds through the PCF. We will continue to develop and implement key performance indicators (KPIs) for all of the main strands of our work, and evaluate the outcomes. We will keep under review the scope, role and operation of our committees in particular, ensuring that their work aligns with our strategic aims and objectives, and that we make the most effective use of limited resources. We will keep under review our governance arrangements with the intention of applying the principles of good governance, clarifying and strengthening accountabilities and streamlining decision taking. 9