Navigating the Maze
"HITTING THE PRESSURE POINTS":
AN EXCELLENT, WELL-WRITTEN GUIDE FOR THOSE DEFENDING BARRISTERS
An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, "The Barrister", and Mediator
Barrister, Marc Beaumont, certainly hits the pressure points with his excellent new book entitled "Beaumont on Barristers: A Guide to Defending Disciplinary Proceedings" from Law Brief Publishing. This title is the first ever publication to examine in detail the professional disciplinary proceedings against barristers from the perspective of the Defendant.
We consider that this work, written by an expert in the field, is well-described as a significant, learned, but also user-friendly addition to the library of those involved in such proceedings.
It will be of general use whether you are an adviser, advocate, adjudicator, or a protagonist. With the changes which took place in 2006, the investigation and "prosecution" of barristers is now undertaken by a body independent of the Bar Council known as the Bar Standards Board (BSB). And with the passing of the Legal Services Act in 2007, the Bar Council (and so the BSB) gained "statutory legitimacy" as the regulator of barristers. We use the word "prosecution" because the process is effectively criminal in manner from the outset.
Since 2006, there has been "an unprecedented growth in litigation involving the BSB". Beaumont usefully sets out the history of disciplinary proceedings with the replacement of the historic process of "Visitors to the Inns of Court" with a right of appeal to the High Court created by the Crime and Courts Act 2013. The result has produced a series of important High Court case law as established precedent.
Beaumont's user-friendly practical guide starts with a description of the traumatic and disruptive effect of disciplinary proceedings. Beaumont begins by explaining, in some detail, the effective collapse of the Bar's system of discipline. The general decay in the process led to the creation of the Bar Tribunals and Adjudication Service from 2014.
Of great use to all readers is the forensic examination of leading decision known as "CR" decided by the Court of Appeal. The author offers tips "on the best approaches to a BSB investigation" which will not help him make friends and influence people in some quarters but will be of great assistance to the Defendant.
And for Bar students, there is a short examination of the concept of 'professional misconduct' and how the current regulatory scheme operates in 2020s. There is also "a seasoned advocate's deconstruction of disciplinary trial preparation and conduct" for the uninitiated.
We found the approach to sanctions is given distinct treatment of great assistance for the outcome of proceedings. And there is what is described as "a unique chapter" on 'Barristers and Human Rights', looking at the impact of ECHR Articles, 6, 8 and 10 on barrister discipline. Other chapters in "Beaumont on Barristers" cover areas which include costs, disposal by consent, appeals to the Administrative Court and defending complaints made to the Legal Ombudsman in the final chapter.
It is a highly original title, which the author draws from unreported case law in addition to the leading decisions. In his own words, Beaumont "takes an area of law that is misunderstood and stigmatized and elevates it to the level of a respectable legal specialism, whilst being both the reader's friend and guide". Thank you, Marc, for being brave enough to hit the pressure points so successfully with this original work.
The author has endeavoured to state the law as it is at 31st March 2020 from both reported and unreported sources. The publication date of this paperback edition is cited as at 11th June 2020.
