C i r c u l a t e d F R E E t o B a r r i s t e r s ’ C l e r k s i n t h e U n i t e d K i n g d o m

HEALTH WARNING:This magazine contains comments that may disturb the bar

PA G E 2LSC Update

PA G E 8 & 1 1Gary BrownInterview

PAGE 14X-Factor

PAGE 18Golf Update

I S S U E 7 5 - F E B R U A R Y 2 0 0 8

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EDITORIAL ENQUIRIES TO:jrobertmoss@hotmail.com

This edition of the Clerksroom Magazine has been kindly supportedby the following companies:

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Soon be Easter which is very early this year. I cannot wait for the

clocks to change and we have the light evenings. It always brings a

new perspective.

The Law Times lead article on the 19th February 2008 was headlined: “Legal aid:

war of words erupts”. Perhaps the author of the article, Frances Gibb, had already

downloaded our January edition. So for anyone who had not already heard by

then, a mere handful of 130 out of a possible 2,300 barristers had signed up for

the VHCCs.

Whilst it would be nice to write about more pleasant topics, unfortunately war is

not a laughing matter. There are careers at stake, and many harsh words will no

doubt be spoken behind closed doors.

At such times when there is a lull in hostilities, some of the troops in the front line

may reflect amongst themselves on whose fault it is they are in the trenches. For

once it is not the likes of General Melchett and Captain Darling so often blamed

by Captain Blackadder, but it is more likely the few who years ago regularly talked

up their escapades and fees in the Mess to the point where the keepers of the

public purse could not stomach it any more and so spoil it for the vast majority.

It does make you wonder if any of them are still in uniform, and if so, have they

signed up and thereby avoided the present conflict. Just a passing thought.

A little over 4,150 downloaded the January 2008 edition of the Clerksroom

Magazine which is 500 more than last year. It means we must be doing something

right, but you do not always tell us. It is not that we are looking for praise, more

for constructive comment and your views on improvements you would like to see

in the magazine.

In particular, if you want to spread the word about a good cause or a charity

event, we are always willing to see if we can help. This month we are pleased

to help Paul Reece at Serle Court in his efforts to launch a Barristers’ Clerks Poker

Tournament. Hopefully the IBC Benevolent Fund will benefit from the event

as well.

If you have an idea or a story to tell, contact me via email to:

jrobertmoss@hotmail.com.

Clerksroom Magazine is produced under licence by JAR Holdings Limited, 20 Alexander Court, Chester,Cheshire CH3 5AW. 07734 995 902

Bob Moss

1

A R T I C L E

F E B R U A R Y 2 0 0 8 ~ I S S U E 7 52

LSC Press Release

Here are LSC Press Release extracts on the topicof Very High Cost Criminal Cases: the futuredated the 5th February 2008.

The Legal Services Commission and Ministry ofJustice recently announced steps that are beingtaken in order to proceed with the tender toestablish a Panel of solicitors and barristers torepresent defendants in major criminal cases.

To ensure good quality representation for clients andvalue for money for the taxpayer, the Legal ServicesCommission undertook an open and competitive tenderprocess (which began last July) where teams of solicitorfirms and barristers were asked to bid to join a ‘Panel’that would undertake this work.

Following that bid round, which assessed theexperience of the legal teams as well as the prices theytendered, the LSC offered contracts to 330 solicitorfirms and 2,300 barristers.

Virtually all solicitor firms have signed, but only 130barristers did so – despite having bid for the work, andbeen offered contracts at the prices they bid.

Given this approach by barristers, it is now more likelythat Panel solicitors will need to instruct more non-

Panel advocates than had originally been envisaged.In order to facilitate this, the Commission and theMinistry of Justice are taking two steps.

Firstly, a consultation has begun today on a FundingOrder that will allow solicitor firms who are on thePanel to instruct advocates who are not on the Panel.Consultation on the Funding Order will last for twoweeks. The Funding Order will limit the sums that canbe paid for advocacy services to the same amounts aswere bid in the tender process and that will be payableto Panel advocates.

Secondly, the contracts originally offered are beingamended to enable Panel solicitors to instruct non-Panel advocates where necessary. The LSC will beoffering these revised VHCC Panel contracts to allsolicitor firms who successfully bid for VHCC work. Newcontracts will also be offered to all the barristers whowere successful in the original tender process. Thefinancial terms of the new contract will be identical tothe original one, but it will make clear that where noPanel advocate is available solicitors may instruct anon-Panel advocate.

If solicitor firms use non-Panel advocates, the firms willbe paid by the LSC for advocacy services. Firms will beable to negotiate the fees they pay barristers, but themaximum rates will be the same as were offered in theoriginal VHCC Panel contract.

For preparation work a QC’s fees will range from £91 to£145 an hour. For a leading junior, the range is £79 to£127 an hour. A junior acting alone will receivebetween £70 and £100 an hour.

...continued on page 4

A R T I C L E

F E B R U A R Y 2 0 0 8 ~ I S S U E 7 54

For time spent in court, a QC will get £476 a day; aleading junior will get £390 and a junior acting alone£285.

Commenting on the Funding Order, Legal Aid MinisterLord Hunt of Kings Heath said:

“Both the LSC and I are very disappointed that mostbarristers who bid for VHCC work have refused to sign.It's essential that we put these measures in place toensure that access to justice is not compromised in anyway. I hope that those members of the Bar who bid forcontracts, but then chose not to sign them will nowreconsider their position.”

Carolyn Regan, LSC Chief Executive, added:

“The measures that the Commission and MoJ areannouncing today will ensure that the Panelarrangements which form the centerpiece of this tenderexercise can be established. This will be in the interestsof clients, the justice system and the taxpayer. It willalso ensure that the solicitor firms and barristers whotendered for this work in good faith and signed thecontracts offered are able to proceed to work on thesecases.”

“I am concerned by the reports and correspondence theCommission has received which set out thecircumstances that led to some barristers not signingthe contracts that they had bid for and been offered.These reports demonstrate activity that is clearly not inthe public interest and which, I believe is neither in thelong-term interests of the Bar.”

Following Lord Carter’s review of legal aid procurement,the Bar supported the aim of taking money out of thehighest paying cases and putting it into the lowest

paying cases. Lord Carter was able to increase theamount paid under the Graduated Fees Scheme,particularly in the shorter cases to benefit the juniorBar. The Bar understood that Lord Carter was workingwith a fixed budget and that increases in one area hadto be paid for from another.

An additional £29m has gone into graduated fees.Savings from VHCCs (from barristers) are expected tobe approximately £5m, so the Bar is better off by £24mor 9% overall.

[Editor: I seem to be struggling with this bit]

Last year there were about 400 defendantsfunded by legal aid in 100 VHCC criminal cases.Defence teams are typically paid around£400,000 for such cases but costs in some, suchas the Jubilee Line Fraud case, have run intoseveral millions. To put this in context, last yearthe LSC funded advice and representation fornearly 1.6m defendants. About 120,000 of thesewere in Crown Court cases.

The Criminal Defence Service (Funding) Order2007 (made under the Access to Justice Act1999) makes provision for the funding andremuneration of services provided as part of theCriminal Defence Service. The Lord Chancellor isrequired to consult the General Council of theBar and the Law Society before making oramending a Funding Order in accordance withsection 25(2) of the Access to Justice Act.

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A R T I C L E

F E B R U A R Y 2 0 0 8 ~ I S S U E 7 56

Legal Week: View of The LSC

Their research revealed that barristers were not signing

up to the new scheme because they do not find the

rates ‘economically viable. So they asked around.

Apparently the chief executive of a leading set of

barristers which specialises in white-collar crime and

complex cases said: “None of our members have signed

up. Each member came to his own decision

independently. And there has also been a significant

slippage in terms of the categorisation of cases.”

He adds: “There will be remarkably few category one

cases. We reckon that the cuts will be as much as 20%

or 30%.”

A barrister in Manchester says he is “extremely

exercised” by the LSC reserving the right to change the

rates, as well as insisting on powers to oblige barristers

to take on cases and to monitor their diaries should

they refuse. “We do not share that sort of information

with other members of the Bar and so we are pretty

upset about having to share such personal information

with civil servants. The insult is made worse by carrying

with it a clear implication that, by saying we are

unavailable, we are lying.”

He added: “Frankly, I am buggered if I am going to

have someone from the LSC saying (a) ‘We don’t

believe you’; and (b) ‘Once we have seen [your diary]

we are going to force you to work’.”

Even solicitors have expressed their concern at the

LSC’s recent strong-arm tactics over the Bar and alleged

breaches of competition rules. One was reported by

Legal Week as saying. “It is quite an extraordinary

allegation to make and they are trying to use the

Competition Act to frighten the Bar into signing up to

an unfair contract. That is a disgraceful way to

negotiate.” He added: “No barrister had any say

whatsoever in agreeing to one of the most important

terms of the proposed new scheme - the price.”

One anonymous senior clerk reportedly said.

“The more the consequences of signing up

became clear, the more they [barristers]

directed their minds to the deal. If we had

tendered ourselves (as opposed to being part of

a solicitors’ tender) we would have directed our

minds much more.”

In an article entitled: “Fraud and white-collar crime: Fees, fraud and angry lawyers” Legal week on the

7th February 2008 reported on the LSC press releases and other topics.

Gary Brown of 15 New Bridge Street will take

over next month from Declan Redmond as the

Chair of the IBC. He has over 20 years clerking

experience. This seemed like a good moment to

talk to him about life as a clerk.

When did you start working in Chambers and in

what capacity?

1984 in the Chambers of Louis Borrett at Queen

Elizabeth Building.

Why did you become a clerk?

The world of professional football turned it’s back on me

and entering into a career as a Barristers’ Clerk seemed

like a good idea at the time.

A R T I C L E

F E B R U A R Y 2 0 0 8 ~ I S S U E 7 58

Are you looking forward to your new role as

Chair of the IBC?

I am sure it will be a challenge and one that I will

hopefully rise to.

So far what has been your best moment

in Chambers?

After many years I have succeeded in cultivating a

“Brief Tree”. It’s wonderful at present as it is in full

fruit!

What has been your worst moment in

Chambers?

I’m sure there have been many. However, one that

sticks in my mind is when Jason Housden decided to

bring his guitar into chambers having recently learned

to play and insisted on giving all the clerks his rendition

of Wonderwall!!!

Who has been the greatest influence on

your career?

Many people have had an influence on my career

however, I would not like to single out any one in

particular but, I thank those that have assisted me over

the years.

What irritates you the most?

Polyester.

...continued on page 11

What Makes A Clerk Tick?

A R T I C L E

F E B R U A R Y 2 0 0 8 ~ I S S U E 7 511

What is the best aspect of the job?

Watching young Barristers and Barristers’ Clerk’s

succeed in their respective careers and the sense of

achievement it gives you, knowing that you may have

had a part to play in their success.

What is the worst aspect of the job?

The increasing amount of paperwork involved in

doing our job.

What is your best characteristic, clerking or

otherwise?

I believe my good nature to be my best characteristic

however, members of my clerking team may not agree

when it comes to staff appraisals.

Do you have any bad habits?

Since giving up smoking two years ago no!!!! Oh dear

my nose has just grown!!!

Your favourite film?

The Godfather.

Your favourite music?

Undoubtedly an eighties Soul Boy at heart!

So what makes a clerk tick?

I think the main thing is the variation of the job that we

do, no two days are the same!

If you had not gone into clerking, what would

you have become?

I would like to think that I would have been something

big in industry but, would probably have ended up on

the Trading Floor of the Money Market.

...continued from page 8

A R T I C L E

F E B R U A R Y 2 0 0 8 ~ I S S U E 7 512

Anthony Armitage of First Law told Legal Week: “This is

a trend that we will see increase in time. The sorts of

issues these bodies are trying to address are relevant to

any council in the UK.”

Established in 1999, First Law advises on and manages

formal legal tenders for a wide variety of large

organisations in the public and private sectors. They

claim to have participated in 750 interviews with law

firms and lawyers and annually tender around £10

million of legal work.

The Law Society has recognised First Law’s efforts in the

new Excellence Awards 2007. First Law was runner-up

in the Innovation in Business Award, sponsored by

Jordans, for its involvement in the procurement of legal

services by alliances of local authorities.

The judges said "First Law is the only firm that advises

on the conduct of competitive tender exercises for legal

services. Judges were impressed that the London-based

firm has identified a niche market by providing local

authorities with the necessary research to make

informed decisions when seeking tenders".

First Law: Having An Effect?

The WLA, the first group of London boroughs to come

together to appoint a formalised panel of barristers, and

organised by First Law, consists of the boroughs of

Brent, Ealing, Hammersmith and Fulham, Harrow and

Hounslow.

It has set up 14 rosters of barristers to cover all aspects

of advocacy-related local government work, including

planning, property, education, housing, employment and

child protection. 96 chambers tendered for the panel,

which was launched in June last year, with sets selected

on the basis of their experience, expertise, commerciality

and equality policies.

Chambers were asked to give hourly fee estimates as

well as fixed fee estimates for a variety of types of work,

including hearings and case management conferences. It

is understood that hourly rates quoted by barristers

ranged from less than £100 to more than £500.

In a statement, the group of councils referred to

“inconsistent and inadequate billing information

supplied by chambers” as one of the reasons behind the

joint review.

Some of you will have already come across the independent consulting group First Law. For those who

have not, do not be surprised if your paths cross.

In the excitement that lead up to last Christmas you could be forgiven for missing an article in Legal

Week about “Sixty-three barristers’ chambers have won places on the long-awaited West London

Alliance (WLA) Bar panel. “

A R T I C L E

F E B R U A R Y 2 0 0 8 ~ I S S U E 7 515

Jane pauses on her way past my door. “What’s wrong?”“RFS is charging a thousand pounds an hour!” I hiss; my handover the receiver.“To be rude and non-committal?” she laughs. “I could do it formuch less.”“I wish you could! Listen.”He’s still speaking. “A thousand is the standard rate. He mightgo to nine hundred but that’s the absolute bottom line…”“He sounds like a use car salesman!” Jane observes.I imagine him in a shiny suit on a forecourt: “This one’s a goodlittle go’er — good judge-handling skills, quick on crossexamination, excellent submissions record!.”“He’s only considering it because he’s a friend of your Boss.”he continues.This wakes me up. “Oh?”“They’re fellow Garstonians.”So that’s it: they’re school mates!“I bet the Boss was his fag,” Jane whispers.That would explain a lot.“So is it agreed?” he asks, casually “Only, he has other jobs to consider.”No he doesn’t. This is a standard clerk lie.“My clients are extremely prudent,” I reply.“That’s really beyond their means.”“Well,” he sighs.“If they want quality, they’ll have to pay for quality.”We’ll see.Ten minutes later he’s back.“Look, as a one off - never to be repeated –he’ll do it for eight.”“Eight pounds?” I laugh. “What a marvellous discount!”“Eight hundred,” he corrects.“I think we can get someone for five.”“Five!” he snorts. “We can’t do five. Five is far too low.”“Five is thirty five times the average wage,”I point out. This stalls him. But not for long.“Mr Fortesque-Smythe is not the average person,”he says, his voice tinged with smugness.Smart arse.

...continued on page 17

The Anonymous Assistant

Only a few of her colleagues know of her secret double life. Theevents and characters depicted are entirely fictional but many ofthe scenarios are drawn from her experiences of working inseveral City firms.

Roger Fortesque-Smythe QCHe is described as a creepy barrister and school friend of TheBoss, as well as an expert in the art self promotion.

April 16th, 2007

Not content with allowing Miranda to enslave me, the Boss hasmanaged to devise an even greater torment this week:instructing Roger Fortesque-Smythe (QC) on our biggest case.

“I don’t think he’s right for this,” I say, praying for anyone buthim as Counsel.“He doesn’t have the relevant experience.”“Nonsense,” he snorts. “He can adapt to anything.”“But.”“THERE ARE NO BUTS! He’s the best man for the job! Call hisclerk and agree a fee.” His face has that red, hyper-tense lookthat I should know better than to challenge.

I trudge down to the cafeteria, wondering what I could possiblyhave done to warrant this double affliction.

“Oh, no,” Liz sympathises “RFS is nasty.”“Nasty?” says Jane “He’s the most odious man at the Bar,despite the competition!”“Pure evil,” Alex agrees.“Perhaps the Boss is trying to make me leave,” I suggest.“Well, look on the bright side.” says Jane, “Any employmenttribunal would fall over itself to compensate you for workingwith those three horrors!”Four, actually, she’s forgotten about his clerk.“Mr Fortesque-Smythe is exceptionally busy at the moment,” hesays, disdainfully, when I call. “Even if he can squeeze it in, he’llneed at least £1000 an hour.”“£1000 an hour!” I choke on my tea.

The Anonymous Assistant began life in the legal section of The Times in 2003, where it ran on an ad hocbasis during 2004. In 2005 a new push in the online services led to it being commissioned to run on the“Law” section of The Times’ website as a fortnightly column, where it received rave reviews. It is now

run on its own website: www.anonymousassistant.com.

Written by a real lawyer working in the litigation department of a City law firm.

A R T I C L E

F E B R U A R Y 2 0 0 8 ~ I S S U E 7 514

The Queen’s Counsel selection panel launched

the 2008 silk round on the 21st February 2008;

just four weeks after 2007’s 98 new QCs were

announced.

The panel has inviting both barristers and

solicitors with higher courts advocacy rights to

apply by 5pm on 3 April. It expects to announce

successful candidates by early 2009.

This year’s application fee is £2,500 plus VAT,

with the further fee for successful candidates

remaining at £3500 plus VAT).

The process will remain the same as the last

competition though referees have been

renamed as assessors. According to the panel

the name assessors “better reflects the role

they play in the process”.

The X-Silk Factor

“It's a bit like the X-Factor really”, their article read.

“Scratch that - a lot like the X-Factor. You have

thousands of desperate hopefuls, all ready to jump

through some pretty high hoops to fulfil their ambitious

dreams. On the other side you have the experienced

panel, suspiciously eyeing up the contestants between

coffee breaks and arguments over who should win.”

Well that is genuine insight for you. The magazine

described the Panel chair and former NHS chief executive

Sir Duncan Nichol as the Simon Cowell figure, who can

make and break careers with a nod or shake of his head.

That is where the similarity may end for members of the

Bar who would be the first to point out that, unlike the

X-Factor, you have to pay £6,000 plus VAT if you win.

But you may find a synergy with the suggestion that the

screaming fans are replaced by a pat on the back from

the senior clerk. This is what I would call uncanny

insight!

Despite the dodgy prize at the end, the Lawyer goes on

to suggest that the QC selection process could still make

for a great TV show: Silk Idol.

One of the Legal Press, namely The Lawyer, has spotted a potential similarity between the Silk selection

process and the X-Factor programme. What do you think?

A R T I C L E

F E B R U A R Y 2 0 0 8 ~ I S S U E 7 517

“Well,” I say breezily.

“We still can’t afford him. I’ll try Simon Goldbrow.”

”No!” he shrieks,

“I’m sure we can do something. Leave it to me.”

Five minutes later: “He isn’t happy, but as a extra-special favour

he’ll do it for £600. No lower mind - and strictly off the

record.”

“That’s kind of him.”

“It is. He wouldn’t do that for anyone. You’re lucky to get him.

He’s in very high demand. Rushed off his feet.”

“All right! “I snap, “I’ll sort out the papers.”

Anything to get him off the phone.

Jane returns with a leaflet on ‘Higher Rights of Audience.’

“Shall we do this?” she asks, pushing it under my nose.

“Higher Rights?”

“Yeah, if RFS can earn £1000 an hour by posturing about in a

silly gown, why can’t we?”

“Well, because we’re not self employed.”

“No,” she nods, acknowledging the central flaw to her plan.

“But we could be – ’Black & Bailey’ has a certain ring to it.”

We’re interrupted by another call.

“Mr Fortesque-Smythe wants to know what time the

documents will arrive.”

He was the busiest man at the Bar ten minutes ago, now he’s

demanding his instructions.

“When they’re ready,” I reply, irritably.

“When might that be?” he persists.

“I don’t know.”

He pauses.

“Right….only, he wants to take them home this evening.”

“What?!”

“He’s going to Scotland tonight.”

“Scotland!” I shout, “How long for?”

“Three weeks.”

“Three weeks!”

“Working holiday.”

I storm into the Boss’s office hoping this will change his mind.

“Roger’s going to Scotland tonight for three weeks!”

“Yes, he’s got family there,” he says, distractedly.

“But it will be impossible to progress the case if he’s up there

eating haggis and shooting grouse!”

He lowers his paper and looks at me.

“Roger is a professional. If you can get the documents to him,

he won’t let distance get in his way.”

“I can’t, unless I drop all my other work and get every single

paralegal in the firm to help me!” I protest.

“Ok, do that.” He waves me away with a sweep of his arm.

After much persuasion, I manage to assemble a tag-team of

paralegals, trainees and secretaries to assist me. The afternoon

is a blur, as we sprint between office, copying room and printer

— trying to finalise the instructions. I’m waist-deep in

paperwork and covered in Post-Its, when the Boss pops in.

“Everything ok?” he asks.

“FINE!” I snap, pulling sticky labels from my hair.

“You see?” he chuckles.

“I told you. I don’t know what all the fuss was about!”

Before I can strangle him, the phone rings.

“Mr Fortesque-Smythe was just wondering where his

documents are,” says a voice.

“Is he unable to use a telephone?!” I bark.

“No,” it says, defensively, “He’s just very busy.”

“Then why is he going on holiday?!”

“He needs a rest,” it explains, “He’s been under a great deal of

pressure recently.”

I know the feeling.

...continued from page 15

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A R T I C L E

F E B R U A R Y 2 0 0 8 ~ I S S U E 7 518

Second meeting: Monday 2nd June at The Addington in Surrey.Check out: www.addingtongolf.com

This is a top ranked course and if you have never playedit before, you should! The cost will be £80-00 toinclude Coffee/Tea, Bacon roll on arrival, 9 holes at10am, sandwich lunch, 1.30pm 18 holes playing againin pairs for the Luxmore Cups followed at 7pm by twocourse dinner.

Third meeting: Saturday 26th July at Surrey National Golf ClubSee: www.surreynational.co.uk

We will be playing in teams of four. This is the InterChambers Competition for The Barristers ClerksAssociation Benevolent Cup. The cost will be £260-00per team and comprise of Clerks/Members of chambersand Solicitors. It is a fun day and the proceeds go toour own charity. Please start planning now.

Our last meeting of the year will be in October and willbe on the north side of the Thames. It is hoped we willbe playing for The Skelton Vase. If you have a suggestedvenue please let me know.

Eldon Golf Society 2008

First meeting: Monday 31st. March at Orsett GC.Visit for directions/details: ww.orsettgolfclub.com

Tee off will be from 12pm. 18 hole better ballcompetition, playing in pairs for the Conway Cups offyour club or Eldon handicap, whichever is the lowest.Cost will be £50-00. Coffee/Tea/Bacon Roll on arrival,6.30pm two course meal. If you have any dietaryrequirements please let me know. We will probably haveFish/Steak & Kidney Pie & Chips plus a Cheese Board.

To encourage junior clerks we will offer our under 30's adiscounted price of £30-00. If you wish to play pleasemake your cheques payable to "The Eldon GS" and sendto me as soon as possible.

Guests are welcome, especially Solicitors, mixingbusiness with pleasure.

Our Captain this year will be Mr.Alan Brewer and hisVice-Captain Mr. Lee Hughes-Gage.

[Editor: Apparently Michael.Corrigan at 3 Paperwants to know:Are white socks obligatory?Do the club provide boxing gloves?Isn't appointing Alan Brewer captain, a bit likemaking Amy Winehouse secretary of a health &beauty club?Can someone help him out?]

By Charles Charlick of 3 Paper Buildings

A R T I C L E

F E B R U A R Y 2 0 0 8 ~ I S S U E 7 520

Performance management processes help to integrateorganisational, team and individual objectives and can help todemonstrate added value in terms of short-term results andlonger-term development. Therefore, training and guidance mustbe provided in order to develop the necessary knowledge andskills for effective performance. People learn in different ways,however, it is a very important fact to consider when choosingthe appropriate training and development activity for anemployee. There are a number of initiatives in place toencourage organisations to increase their training anddevelopment investments, such as Investors in people, NVQ’sand the BTEC advanced award in Chambers Administration forBarristers’ Clerks.

The rate of change facing organisations has never been greaterand organisations must absorb and manage change at a muchfaster rate than in the past. In order to implement a successfulbusiness strategy to face this challenge, organisations, large orsmall, must ensure that they have the appropriate resourcescapable of delivering.

A growing trend is to outsource some of the HR activities suchas recruitment, performance management as it is labour-intensive. However, some may even choose to outsource all ofits HR processes in order to gain the expertise not availableinternally, reduce the legal or costs risk, and so provide efficientand effective processes which in turn add value to theorganisation.

H R Management:What’s It All About?

For any organisation to succeed people have to performwell in a positive developmental environment. Toachieve this, people need the right knowledge, skillsand motivation to work efficiently.

So every organisation needs a strategic and coherent approachto the management of its most valued asset – the peopleworking there who individually and collectively contribute to theachievement of the objectives of the business.

Why is Human Resource Management evolving rapidly?

It is seen by many to have a key role in risk reduction withinorganisations. One of the main duties of managers is to complywith the law when carrying out people managementresponsibilities. As the legal complexities governing theemployment relationship grow, even the smallest organisationsneed to consider designing and implementing written policiesand procedures on a range of people management issues inorder to achieve and remain compliant.

The market place for talented, skilled people is competitive andexpensive. Taking on new staff can be disruptive to existingemployees. Also, it takes time to develop 'cultural awareness',product, process, organisation knowledge and experience fornew staff members. Well-designed and formal written policiesand procedures should help everyone within the organisation tounderstand the rules and the way in which it operates. However,it is imperative that procedures are regularly reviewed to ensurethat they are still relevant and most importantly compliant withany legal advances.

Recruitment is clearly linked to selection. Employers need to beknowledgeable about the wider issues involving recruitment andselection decisions, such as legislation and good practices, andthe range of recruitment sources and selection methods, as wellas being skilled in interviewing and assessing potentialemployees. It is crucial that selection choices result from athorough and systematic process. Employers should evaluate theoutcome of recruitment decisions and be prepared to makechanges in future practices. Compliance with the law cannot beignored, and all managers and employees need to be madeaware of their duties, rights and responsibilities in employment.

By Jackie Maskew

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Below are extracts from the Chairman’s section of the

Bar Council website

“This has been a busy start to the year, with a number

of issues of real significance to the Bar”

says Tim Dutton QC

“I want to work constructively with Government

regardless of difficulties which arise from time to time

and I believe (as did my predecessor) that the

Ministerial team we have to deal with also wants to

have a constructive dialogue with the profession.”

Court Dress

“Lord Chief Justice has asked the Bar to respond to him

on Court dress and we are carrying out a consultation

with the Specialist Bar Associations and the Circuits with

a proposed solution. After Legal Aid, no subject arouses

debate more than this. I hope we will complete this

process shortly after Easter so that we can have certainty

for example in the County Court where practice varies

from court to court, and appropriate flexibility where that

is required - for example in the Commercial Court.

Our profession’s trademark will stay. The Lord Chief

Justice has listened to what we have had to say for

which we owe him our thanks.”

Judicial Appointments

“There has been widespread concern voiced about the

Judicial Appointments system and we have through the

Equality and Diversity Committee submitted a detailed

response to the latest consultation. We have also

offered help to the Judicial Appointments Commission

via a “forum” to speed up the process, attract diversity,

and make improvements. I am confident that the

process will, as the year progresses, become more

efficient, less uncertain and quicker. Recorder

competitions have been reinstated around the country

where they had been cancelled which is good news.”

The Silk Process

“At last! A list has been announced and a date set. I

have started to take steps to ensure that we can

encourage the Queen’s Counsel Appointments selection

panel, under the excellent Chairmanship of Sir Duncan

Nicholl, to move to the next round. I am also keen to

annualise the process. I believe that silk is a kite mark

of excellence around the world and that we should do

everything possible to nurture it for the good of all.”

Something About Life At The Bar

What is involved?� Identify where Chambers are not able to get the most out of the

reports etc because the data is:• Inadequate• Inaccurate• duplicated or• incomplete

� Provide a list of what could be improved upon, and why its worth doing anything about it

� Make recommendations for improving procedures

Health Checks by Butchard AssociatesJust what are you missing out on because of the lack of

information on the system?Exactly what state is your data in?Would you like Gill Butchard to carry out a Health Check

on the state of your Data?

For more info:See Gill’s website at www.butchards.co.uk

Email: info@butchards.co.uk Tel: 0772 591 1320

Supplier review

Expenditure Analysis/Review

Management Reports

Database Management

Client Management

Marketing

Gill could also help you with:

Debt Collection

Holiday/Sick cover

Job Training

Procedural review

Business Review

www.butchards.co.uk

Gill ButchardPrincipal of Butchard Associates

you’re speaking to and how effective that person isgoing to be in assisting to promote your business.

Staff Salaries: we are regularly instructed by sets ofChambers to provide information about the market ratefor a particular level of clerk. However, as we often tellthe clients, this is very difficult to do accurately unlesswe are made entirely aware of the job description foreach individual member of staff: clerks will recognisethat each Senior Clerk or Junior Clerk may have atotally different job description from another SeniorClerk or Junior Clerk. Likewise, ChambersAdministrators are also known as Practice Managers,Chambers Directors, Chief Executives and their role canbe very different or very similar, depending on the jobdescription. If you wish to know more about what youare actually worth – then get in contact with us!

Fees Clerks: we are finding it very difficult to findexperienced Fees Clerks for chambers - particularlythose with knowledge of the Graduated Fees Scheme ineither Criminal or Family work. These people are inshort supply! Therefore, if any Clerk who may have gotdisillusioned with the cut and thrust of diary andpractice management who wishes to become a FeesClerk, they might be very suitable for a Fees Clerkingpost, and would be welcomed with open arms! Please contact us for further details.

Chambers People Website: please note that theChambers People website is being been revised andrevamped and the new version will be live on line from 1st March 2008 at the usual address:www.chamberspeople.co.uk

We ask questionsrelating to Diary andPractice Managementgenerally, Fees and FeeNegotiation techniques,practices, proceduresand regulations, and wetry to find out orestablish the individualmember of staffscapabilities andexperience in BusinessDevelopment and othersupport activities in the

Clerk’s Room. Staff Appraisals in a structured way meanthat staff are properly considered for reward.

This whole training system has evolved over time fromjust the Basic Training that we still offer Chambers forJunior Staff which starts with a general Introduction tothe Legal System and the Court Service and includessome background information about the History ofClerking and in particular, concentrating on the Qualitiesthat a good Barristers Clerk should have.

We also can provide training on other more “modern”matters including Stress Management and PersonalityProfiling, both useful things for clerks to learn about.The latter helps when going into business meetings withsolicitors or other providers of instructions to Chambersto be able to identify the type of personality or characterof the person that you are meeting. Some people will bethose that actually move a business along, others are justthere to be kind to you! It is important to know who

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Chambers People Services Chambers People has been providing Training Needs Assessments for various chambers around

the country which enables us to carry out an independent assessment of an individual’s progress inclerking on behalf of the chambers. This is often part of a Staff Appraisal system in the chambers.

The assessment meeting lasts typically some 40-45 minutes and is followed by a written report back to the Senior Clerk or the Chambers Administrator who has instructed us. By following our usual

template and asking some pertinent questions, it is possible to gauge the level of clerking knowledgealready achieved, and the progress of the individual can be assessed, when the exercise is repeated

at a later date.

By Martin Poulter

Miles Bennett of 5 Paper Buildings was instructed ascounsel for the Crown, and Anthony Hudson of DoughtyStreet Chambers was instructed by The Times to lift thegagging order.

And then there was apparently a seniorbarrister from Furnival chambers who shruggedoff claims that he perverted the course ofjustice after the Divisional Court quashedsummonses issued against him.

Northampton Magistrates' Court had accusedMichael Latham of perverting the course ofjustice but Lord Justice Moses, Mr. JusticeSullivan and Mr. Justice Forbes ruled in Latham'sfavour. The ruling in the judicial review couldresult in similar summonses against barristerElizabeth Norman of Birmingham-based set KBWalso being discontinued.

John Hardy QC, of 3 Raymond Buildings, appeared forMichael Latham.

One barrister who might agree with the analysis is 12King's Bench Walk's Lincoln Crawford, who was beennamed earlier this month as the stalker recorderconvicted of harassing his ex-wife, Irwin Mitchell partnerBronwen Jenkins, and her new partner.

His identity had been kept secret by a gagging orderbecause he had successfully argued that publicity wouldbe harmful to his two children. The High Court recentlyoverturned the injunction so the barrister has now hadwhat may be described as unwanted publicity. He wasoriginally charged in September 2005 and continued tosit as a part-time judge until February 2006, according tothe Judicial Communications Office.

Crawford was convicted at Highbury magistrates' court inMay 2006 and given a conditional discharge for 18months but persuaded the magistrates that a gaggingorder should be put in place to protect his identity. TheHigh Court, however, ruled that the anonymity ordershould never have been made.

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No Such Thing As Bad Publicity?This is not an easy question to answer, which may vary depending on where you are standing. Careerscan be made and broken by adverse comment in the press. One thing every forgets when they are in

the limelight, having their 15 minutes of unwelcome fame, is that the press are just filling column inchestoday ready for wrapping tomorrows fish and chips.

“So you think you are the best Poker Player in the Profession?”

The date for the first ever Texas Hold-em Poker Tournament just for Barristers Clerks

(and other Chambers’ Staff) will be announced shortly.

This soon-to-be annual event will be held on one evening in a well known London Casino*,

and is exclusive to our profession.

Players will be playing for trophies and cash prizes based on a large percentage of the collected pot

/ entry fee (Any surplus monies will go to the IBC Benevolent Fund)

Notification of the date and full details for entry will be sent to the membership Via the IBC shortly.

A further advert will be in the April edition of the Clerksroom magazine.

To register your interest, please contact Paul Reece by e-mail preece@serlecourt.co.uk

(Serle Court, 6 New Square, Lincoln’s Inn, London WC2A 3QS)

*individual membership to the Casino is required at least 24 hours before the event

MAILPAC IS THE TRADING NAME OF JAR HOLDINGS LIMITED, THE TECHNOLOGY CENTRE ELLESMERE PORT CHESHIRE CH65 3EN

Email Mailpac:

bob@jarholdings.co.uk

Telephone:

07734 995902

� Sending out more than 20 bundles a day?

� How about your logo and details printed on yourplastic mail bags?

� Ask for details: It is cheaper then you think!

Personalised Plastic Mail Bags for Chambers

A R T I C L E

F E B R U A R Y 2 0 0 8 ~ I S S U E 7 529

they do not wish to use, or specific Counsel registered

in the system that they prefer not to use. This

functionality has been implemented at the request of

major clients.

Charity

As Clerksroom could not charge for the work but were

keen to develop the system for all chambers to share

equally, they sought Bar Council (Mark Stobbs) approval

for a voluntary donation of £1 per case. During 2007

they chose the 1st Wellington Scout Group as their

charity of choice and hope that their total donation will

be over £2500 for the 2007 year.

If you have not sent your donation equal to £1 per case

taken in 2007, then please do so as soon as you can.

Cheques should be made payable to 1st Wellington

Scouts and sent to Stephen Ward at Clerksroom.

The Brief Exchange

Since the Brief Exchange was launched on the

12th of February 2007, 2700 hearings have been

cleared using the fully online and automated

system. A total of £470,000 of fees has been

shared out to the 107 chambers registered to

accept the work.

The system was developed by Clerksroom in an attempt

to slow down the trend of using solicitor agents and

other organisations for junior work that is recognised as

ideal for pupils and juniors getting on their feet. It was

clear from the outset that the Bar Council rules prevented

a fee being charged for the work so it had to be free for

all concerned. An online, automated system was therefore

seen as an ideal solution as it costs almost nothing to

operate after initial development costs have been

incurred. The web server and secure databases are hosted

on the Clerksroom secure web servers at little cost.

2008 should see the addition of bulk user logins, now

being offered to major clients and insurance companies

able to instruct. The system will be updated to allow bulk

users to enter personal preferences such as chambers

A Report by The Editor