C i r cu l a t ed FREE to Ba r r i s t e r s ’ C l e r k s i n t he Un i t ed K ingdom

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

PAGE 2Competition

PAGE 6Quiz

PAGE 10Ted & Alice

PAGE 17Complaints

I S S U E 1 1 8 - D E C E M B E R 2 0 1 1

H T T P : / / M AG A Z I N E . C L E R K S R O O M . C O M

E D I TO R ’ S PAG E

D E C E M B E R 2 0 1 1 ~ I S S U E 1 1 8

ADVERTISING ENQUIRIES TO:magazine@clerksroom.com

EDITORIAL ENQUIRIES TO:jrobertmoss@hotmail.com

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

Advantage Office Supply Systems LtdUnit 10, Poole Hall Industrial Estate,Ellesmere Port, Cheshire CH66 1ST.T: 0151 357 3500F: 0151 356 3459E: sales@advantageoss.com

Corner House Design & Print LtdThe Old Chapel, Manchester Road,Carrington Village,Manchester M31 4BLT: 0161 777 6000F: 0161 777 6060E: chdesign@globalnet.co.uk

Welcome back to the latest [December 2011] edition of ClerksroomMagazine at this festive time or year! We have cash prizes and a quiz!

What has been going on? What happened to the last 2 editions? Well, time for a big update.

I will not dwell on the detail but suffice it to say, 2 family funerals and knee surgeryhave made the autumn a bit of a “quarter horribilis”! It was one thing afteranother, and if events happen in threes, then I hope that is my lot for the timebeing.

I am pleased to report that life is getting back to normal, and production of themagazine will continue on a monthly basis. But there is some good news as well.

Initially, it is business as usual. However over the coming months, I hope there willbe several positive changes to take advantage offers and opportunities to raise thegame for the benefit of our readers.

One of the possible changes will be to the name of the magazine to widen ourreadership, perhaps to include legal staff throughout the legal profession. Is thissomething you would welcome? Do you have a new name in mind? Please let meknow, and contributors are always welcome.

So back to this edition, packed with a blend of useful information, thoughtprovoking articles mixed with some light humour. The regular feature: “What makesa clerk tick?” will be back in the New Year. The space traditionally goes to aChristmas Quiz and a competition which for the first time offers cash prizes!

Ted and Alice have some interesting information about mistletoe which some willbe pleased to learn, and others perhaps disappointed!

Stephen Ward of Clerksroom appears in this edition for good reason: well doneStephen.

Times are difficult for everyone and it does not look as if 2012 will be muchdifferent. If my year has taught me one thing, it is to take each day as it comes.

It will soon be Christmas, so this seems the right time to wish everyone a veryHappy Christmas, and hopefully a prosperous New Year! It you are in London andfancy a cup of coffee, or something a little stronger, you will find me at 218 Strand.

Clerksroom Magazine is produced under licence by JAR Holdings Limited, 9 Old Coach Road,Kelsall, Cheshire CW6 0QL. 07734 995 902

Bob Moss

1

Caption CompetitionCaption competitions have always been popular with our readers, and we would love to put

a little cheer into your New Year.

If you looking for Christmas gift inspiration, particularly for someone who has everything already, then these two limited edition books are guaranteed to impress.

Know Any Good Proof Readers?Compliance is such an important part of everyday life at the Bar, and now stretches to areas in

Chambers you might not have thought likely.

D E C E M B E R 2 0 1 1 ~ I S S U E 1 1 8

2

A R T I C L E

Just pick a festive [or furtive!] caption to go with thecartoon below, and email to the Editor:bob@jarholdings.co.uk to arrive before 5.00pm on the30th December 2011.

There are 2 chances to win: 1st Prize is £75, 2nd Prize is £25.The competition is open to all our readers in Chambers,and our advertisers [without them the magazine wouldnot exist!]

So have a go!

There is a warning in Counsel Magazine which comes

from the BSB who in turn have had a couple of

complaints on the topic of inaccurate listings of reported

cases on Chambers website.

It is worthy of a small mention as the suggestion from the

BSB is that if you get it wrong, or should I say Counsel

gets it wrong, then this could amount to a breach of the

code of conduct which in turn could lead to a disciplinary

action against not only the barrister concerned but also

against the Head of Chambers.

When referring to a case, such information should not

only be accurate, but also “reflect the nature of the

case”.

The point was also made in a wider context relating to

the whole of the website content, which may fall to

others in Chambers to draft. The problem arises when

there is a complaint, by which time it is probably too late

as the damage has been done.

So maybe there will have to be an update to the

Chambers manual to cover this risk, not forgetting the

recorded evidence of proper monitoring. In times past,

this would have been down to a good proof reader.

A R T I C L E

D E C E M B E R 2 0 1 1 ~ I S S U E 1 1 8

3

Classic motor racing enthusiasts will be transported

back to the post-war years with RACERS - Memoirs

of the gentleman drivers and Aston Martin

connoisseurs will be in seventh heaven with Aston

Martin Ulster - Survivors and the fittest, the latest

limited edition books from specialist publisher Palawan

Press.

RACERS - Memoirs of the gentleman drivers

contains 432 pages of reminiscences and anecdotes

from serious (mostly amateur) drivers whose main aim

was to participate at whatever level their ability,

enthusiasm and finances were able to support.

Recorded in interview, the 27 drivers tell their stories

from the 1950s, '60s and '70s - an age when the sport

of motor racing required no small amount of skill,

ingenuity, tenacity, good humour and luck. Measuring

29cm x 24cm with over 300 photographs. Published in

two editions: 500 numbered cloth-bound limited

editions (£250) and 25 signed and numbered leather-

bound limited editions (£700).

Aston Martin Ulster - Survivors and the fittest

comprehensively traces the history of the Aston Martin

Company from its humble beginnings in 1914 up to the

point when the Ulster was produced twenty years later,

describing how the desire for competition success was

both a driving force and a financial burden that nearly

ruined the company. The Aston Martin Ulster is arguably

the ultimate pre-war Aston Martin and the 28 remaining

cars are spread around the globe. Many are still raced

today, including three owned by Pink Floyd drummer

Nick Mason. This book is dedicated to the histories of

those survivors. Measures 30cm x 27cm comprising 460

pages, it is available in three editions: 500 numbered

Clothbound limited editions (£400) and 25 signed and

numbered leather-bound limited editions (£850); and 31

leather-bound owners editions (£1,250 - initially

reserved for the owners).

If these prices are a little over your usual budget at

Hammicks or Amazon, then it is worth noting James

Knight, Group Head of Bonhams Motoring Department

who recently commented about Palawan Press: "…They

are instant collectors' items and rarely come to market

for two very good reasons - limited supply and a

reluctance to sell. When they are offered at our sales

we have no shortage of bidders competing against one

another to secure a copy."

Palawan Press.

T: 0207 371 3060

E: info@palawan.co.uk

W: www.palawan.co.uk

Christmas Gifts For The Man Who Has Everything

A R T I C L E

D E C E M B E R 2 0 1 1 ~ I S S U E 1 1 8

5

Chambers and PartnersThe Chambers and Partners awards in October recognizethe exceptional achievement within the previous year forchambers, silks, and juniors alike. Michael Greenaway,former clerk of Hollis Whiteman Chambers receivedLifetime Achievement Awards.

3 Verulam Buildings claimed the biggest award of thenight after being named 'Set of the Year.' GuildhallChambers were named the 'Regional Set of the Year.'

Alex Taylor, head clerk of Fountain Court Chambers,receives the award for Client Service Set of the Year.

Barry BridgmanAs reported on the IBC website, on the 7th NovemberKeating Chambers held a party to celebrate BarryBridgman's fifty years as a barristers' clerk. Head ofChambers Paul Darling QC proposed the toast to Barry'sFIRST 50 years. Barry became Senior Clerk in 1981 onthe retirement of Douglas Golding and continues to bevery active in Chambers.

Stephen WardStephen Ward was awarded “Practice Manager of theYear” at the Personal Injury Awards 2011. Extracts fromhis nomination:

“When Stephen set up Clerksroom in 2001 inconjunction with 2 barristers it was a revolutionary ideathat changed the way chambers can be administered.

It is significant that ten years later, with a team of 15clerks and 65 barristers, no one has successfullyemulated the achievements of Stephen and his team.Clerksroom is a unique concept and it is a tribute to hissingle minded determination that it has been sosuccessful in a profession traditionally resistant tochange.

Throughout his 26 year career (he is still only 43),Stephen has consistently tried to improve the ways thatbarristers provide their services. An example of his “gothe extra mile” approach was his successful tenderingfor the National & Family Mediation Helpline contractsawarded to Clerksroom by the Ministry of Justice.Mediation being one of Stephen’s passions, he createdthe http://nationalmediatordatabase.com which hashelped cement Clerksroom Mediation as one of themost successful mediation providers in the country.”

“Stephen is a force of nature innovative, helpful andalways at the cutting edge of developments in practicemanagement”. – Cherie Booth QC

"In 30 years’ experience at the Bar I have never met aclerk more personable. He is a genuine 24/7 man,always available to help and, more importantly, sort outproblems whenever they arise reducing the litigationpressures of solicitors and barristers alike." - Dr MichaelPowers QC

Awards Time 2011

Do you have Members who want to become mediators?

Is Chambers looking to create a Mediation group?

2011/12 IN-HOUSE DATES

The London School of Mediation is geared to provide quality training at very competitiveprices for the individual up to large groups.

LSM’s four or five day in-house dates are flexible and can include evenings and weekends tomake up 40 hours of contact time. Holiday periods and half-terms are available

Contact Bob Moss on Tel: 07734 995902

LSM public Courses at 218 Strand & elsewhere during 2011/12 include:

12 - 16 December 2011 London – 218 Strand Full mediation course – 5 days4 - 6 January 2012 Manchester Open Course – 3 training days14th & 15th Feb 2012 Manchester Mediation assessments

The 2011 and early 2012 courses will bring the totalof major events to 90 on which the London Schoolof Mediation faculty have worked together allaround the world. The courses get more and more

enjoyable each time and we are very much lookingforward to meeting each group, whether it is on theUK Model Five Day course, or on the CPD days.

Have a go at this festive quiz. Answers are on the back page. There are 50 questions so award 2 points for a correct answer. The maximum score is 100. Print a copy and test the family, or perhaps take a copy to the pub quiz team training night!

1. What is the chemical formula of snow?

2. US President Franklin Pierce introduced what to White HouseChristmas tradition in 1856?

3. Which charity in 1949 was the first to produce a Christmascard?

4. What was Girls Aloud's 2002 UK Christmas number onesingle?

5. Which famous comedy double-act partner made the first everUK mobile phone call, New Year's Day, 1985?

6. White Christmas, a cake made of coconut, crisped rice anddried fruit, is popular in which country?

7. Who is the narrator in the 2000 film The Grinch Who StoleChristmas?

8. What was the cyclone named that hit Darwin, Australia, inChristmas 1974?

9. Pine needles are said to be a good source of which vitamin?

10. Choirboy Peter Auty sang the film version of which song laterrecorded as a hit record by Aled Jones?

11. What creature, noted for feeding on its berries, is linked byname to the mistletoe plant?

12. In which Christmas carol does this line feature: "Bring meflesh, and bring me wine, bring me pine logs hither"?

13. What is the birth sign of people born on 25 December?

14. Complete the famous rhyming line which follows: "AtChristmas play and make good cheer... ?

15. 'Full of Eastern Promise' is an advertising slogan of whatexotically positioned chocolate product?

16. Which poem written by Clement Moore was originally titled AVisit from Saint Nicholas?

17. What was the title of the first Christmas TV special Peanutscartoon?

18. What celebratory receptacle is falsely claimed to have beenmodelled on the breast of Marie Antoinette?

19. Which two states in the US have towns called Christmas?

20. Which author and creator of Jekyll and Hyde, gave his birthdayby formal deed to Anne Ide because she disliked her ownbirthday of December 25th?

21. Christmas Crackers was the first Christmas edition of whichpopular UK comedy series?

22. What song topped the UK charts at Christmas in 1957 and ina medley version in 1978?

23. Which hugely popular actor was born on Christmas day 1899?

24. What British spacecraft was lost on Mars at Christmas 2003?

25. What was Queen's 1984 Christmas single called?

26. American cartoonist Thomas Nast is credited with creating thetraditional image of which popular Christmas character?

27. Jackie Wilson's re-issued song Reet Petite became the 1986UK Christmas number one after helping to advertise whatbrand?

28. What is the name of Dorothy Gale's dog in The Wizard of Oz?

29. Born Christmas day 1908, by what name was gay icon authorof The Naked Civil Servant popularly known?

30. La Befana is the legendary character who delivers Christmaspresents to children in which country?

31. Who is the central businessman character in the film It's aWonderful Life?

32. In technical astronomical terms what is the duration of thewinter solstice; an instant, a day, three months, or six months?

33. What Christmas-time song did James Pierpont compose in1857?

34. What is the title of biggest selling Christmas single, globally?

35. Gwyl San Steffan is the name for 26th December (St Stephen'sDay or Boxing Day) in which country?

36. What Christmas item takes its name from the old French word“estincelle”, meaning spark?

37. Who is regarded as the first Christian martyr?

38. Kiritimati, the first inhabited place to experience each NewYear, is more commonly known as what?

39. What Paul McCartney hit song video featured the First WorldWar Christmas Truce meeting of German and British soldiers inno-man's land between the front line trenches?

40. Who was said to have presented the baby Jesus withFrankincense?

41. In which city was the Salvation Army founded?

42. What drink advert launched the slogan 'The Right One' in1970

43. What is Virgil Hilts' nickname in the film The Great Escape?

44. Before the tradition of hanging stockings up at Christmas whatdid Dutch children hang by the fireside?

45. In which country is it a tradition to hide all brooms in thehouse on Christmas Eve?

46. Who wrote the songs for the 1954 film White Christmas?

47. Which US President banned Christmas trees from the WhiteHouse?

48. How many courses are there traditionally in a UkrainianChristmas Eve supper?

49. In the song The Twelve Days of Christmas, how many pipersare there?

50. From what does the month of December take its name?

Answers are on the back page, but no cheating! Merry Christmas!

Established

provider of

high quality

Creative Design,

Artwork & Print

to the legal

professions.

0161 777 6000

A R T I C L E

D E C E M B E R 2 0 1 1 ~ I S S U E 1 1 8

9

According to a spokesperson for the court, the Supreme

Court Justices, who do not wear traditional robes

themselves, believe that “the development would

further underline the court’s commitment to providing

an appropriate environment for discussion of legal

issues”.

The move is stated as being in line with the court’s goal

to make the legal process as accessible as possible.

Provided that all representative parties in a particular

case agree, counsel may “dispense with any or all of the

elements of dress,” following prior arrangement with a

registrar. The guidance extends to those appearing

before the Judicial Committee of the Privy Council.

However, many see the wig and robe as a symbol of an

unmodernised Bar that is not reflective of the 21st

century High Court. Below are some of the Blog views

expressed!

• What is the world coming to? What will be next?

Jeans and trainers?

• Given it's our highest court and now televised

surely robes should be worn, if only to remind the

watching world we have the oldest and most

respected legal system.

• Why not go the whole hog and offer the Courtroom

naming rights to Sports Direct?

• How does the wearing of wigs have anything with

the environment to discuss legal issues?

• Wigs and gowns do serve at least one purpose for

those who are not used to the court process as it

helps them at least to pick out which people are

counsel

• We should keep wigs and gowns. And what's more,

we should only allow submissions to be made in

Elizabethan English (or, perhaps, Victorian English).

People who want to keep wigs and gowns but talk

in modern English are too half-hearted for me -

where's their commitment to traditionalism?

• There are few things more embarrassing and

irritating than members of an elite attempting to

make themselves look like ordinary plebs. It's just

patronising with a capital `P'.

• There are precious few reminders left of what a

brilliant country this was at one time, and these

idiots are determined to erase even the last few

traces.

And finally:

• Any barrister who wants to wear a wig and gown

should be allowed to do so, on the condition that

he (or she) wears suspenders and stockings too!

Courtroom Attire – Blog On.In November the Lawyer website had a piece by Vanessa Wozniak reporting that the president of theSupreme Court Lord Phillips has said that counsel appearing before the court may by agreement ditch

traditional courtroom dress.

A R T I C L E

D E C E M B E R 2 0 1 1 ~ I S S U E 1 1 8

10

Dear Ted & Alice,It is Christmas party season, and though there maynot be too must to cheer about, there will be theusual attempts to make use of some mistletoe. Haveyou any suggestions for avoiding the unwantedadvances?

Ted: According to ancient Christmas custom, a manand a woman who meet under hanging mistletoeare obliged to kiss. So in the spirit of Christmas,have a large glass of red and pucker up!

Alice: Just hang on a minute. There is a solution which Ihave found with a little research. The custom may beof Scandinavian origin and is described in 1820 byAmerican author Washington Irving in his "TheSketch Book of Geoffrey Crayon":

"The mistletoe is still hung up in farm-houses andkitchens at Christmas, and the young men have theprivilege of kissing the girls under it, plucking eachtime a berry from the bush. When the berries are allplucked the privilege ceases."

So there you have it. Either buy mistletoe with noberries, or make sure they are taken off. Then just sayall the berries have gone and you are all kissed out!

By the way, according to the custom as suggested byWikipedia, if you are following the “authentic”tradition, the mistletoe should not touch the groundbetween its cutting and its removal as the last ofChristmas greens at Candlemas; it may remainhanging through the year, often to preserve thehouse from lightning or fire, until replaced thefollowing Christmas Eve. So now you know.

Dear Ted & Alice,Against my better judgement I lent some money toa colleague in Chambers. They promised to pay itback when their salary was paid, but that was acouple of months ago now. To be honest, theexcuses for failing to repay me are beginning towear a bit thin, and last week I discovered that I amnot the only one who is owed money by thisindividual. Whilst the amount is not great, it is a lotto me, especially at Christmas time. What should Ido?

Ted: Issuing in the Small Claims Court may not be anattractive option, but a definite last resort. Thereaction of others to hearing about this problemmay alert them to avoid falling into the same trap.

Alice: Of course your issue with the colleague may just bethe tip of their iceberg. Maybe they need help forother problems they have such as gambling oralcohol.

Professional help might be needed.

Dear Ted & Alice,What is the best way to ask for a pay rise?

Ted: You won’t know until you ask and succeed. Butthat may prove to be a tall order in these difficulttimes.

Alice: Show you are worth it, and that is only achieved byconsistent high performance day by day. Some thinkit can be done by moving job, and others by sayingthey have been offered another post. The risk is theylet you go, and the grass isn’t quite as green on theother side as you were led to believe.

- a problem shared!!Some more of your printable offerings!

A R T I C L E

D E C E M B E R 2 0 1 1 ~ I S S U E 1 1 8

Dilemma: I’m working my socks off (not theword that was actually used!) promotingchambers through the use of seminars and yet Idon’t feel like I’m getting anywhere fast. What am I doing wrong and what should I bedoing differently?

Solution: Traditionally the mostpopular of the marketing “4Ps”(product, price, place, promotion),promotion is often viewed as theonly function of chambers’marketing. For many chambers,promotion comprises events andseminars. Admittedly, meetingclients and prospects face-to-faceis a great way to get your messageacross and promote your services.However, it is vital that you ensureyour attendees are the correcttarget audience and the messageis clearly delivered andunderstood, otherwise an awful lotof hard work (usually by the seniorclerk), time and money is wasted.You also need to make sure thatthe seminars are not ad hoc,random occurrences as they aremost productive when they form part of an integratedcampaign plan. The key messages need to be reinforcedby other marketing promotional activities for maximumimpact.

The full promotional fix for chambersWithin the full promotional mix for chambers there arefive primary methods; direct marketing, advertising, salespromotions, personal selling and public relations. A truepromotion strategy should encompass all five to somedegree or other depending on the desired outcomes.Promotion needn’t be costly but it does need to be well

planned and executed. It must also be used inconjunction with the other 3Ps (product, price, place)otherwise the impact is significantly diluted.

Personal selling & the place of seminarsPersonal selling is something that clerks have beendoing for years and are very very good at. They are

skilled at informing, persuading,and customising the offer for eachprospective client. The result is thedevelopment of strongrelationships between chambersand their clients which can then bebuilt upon further by the delivery ofgood quality service. Many setshave recruited businessdevelopment managers to performthis role alongside the clerks. TheBDMs are responsible for fosteringfurther relations, cross selling otherservices and generally managingthe accounts. There are manystandard practices for key accountmanagement which can beemployed, but that’s an article foranother day!

Seminars also fall into the categoryof personal selling as they provide a platform on whichto sell chambers services, however they should only beheld when you have defined clear and measurableobjectives. They should not be organised just becausethey’ve always been done or to boost the ego of certainchambers members.

13

Marketing Clinicby Catherine Bailey

Welcome to the second marketing clinic. The dilemma this month focuses on promoting chambers. If you have a marketing dilemma that needs addressing in a future clinic, please email me in confidence

at info@barmarketing.co.uk and I’ll be happy to help.

Continued on page 14...

Lower costs

Save on purchase price and

eliminate hidden costs.

Flexible ordering

Work with us to create an

effective, efficient ordering

system that’s perfect for you.

Dedicated service

One source, one solution

gives you more time to focus

on the success of your

business.

Superb choice

Choose from over 30,000

product lines, all available

from just one supplier.

Has your firm spoken to advantage yet

about joining The Professional

Purchasing Group and massively

reducing your office supplies overhead?

If not.. call us today to receive details

and information of how you can

introduce an innovative new supply

system that will reduce costs and save

time throughout the year.

Why choose

us as your

one supplier?

Tel: 0845 370 3500

www.advantageoss.comFax: 0845 370 3501

E-mail: sales@advantageoss.com

D E C E M B E R 2 0 1 1 ~ I S S U E 1 1 8

14

A R T I C L E

Running seminars costs money and they take a greatdeal of time to organise. The work that results fromthese is also not likely to be immediate (although I havehad instances where instructions were received thesame day) so you need to factor this into themeasurable objectives and the tracking of the overallcampaign to understand the return made from yourinvestment and help to plan for future events based onyour successes (and failures!). If seminars form part ofan integrated campaign, you will gain a higher tractionrate than if you continued to run seminars on a morerandom basis.

It is worth noting that webinars are fast replacingseminars as a cost effective and convenient method ofdisseminating information to the ever busy lawyer.Chambers should be considering ways to run these

virtual seminars as part of their service offerings forclients (again, as part of a proper integrated campaignof course).

On the whole, personal selling is more effective than theother marketing mix methods because it’s a two-waypermission-based communication between chambersand an audience with a significant interest in yourservices, but it is not as commercially efficient as thecost per lead is significantly higher than otherpromotional methods.

Find out about the other elements of effectivepromotion for chambers and how best to integrate themby requesting the new, free “How to promotechambers” whitepaper from Bar Marketing. Emailinfo@barmarketing.co.uk for your copy.

...continued from page 13

s rebmachrethot ahWt oubagniysaera TI

t oubagniysaera ...TI

roireup ssto mhe tar f.by..

sto mhe t,yplmi setui q,er ayheT I tha tnyny tpamo c ITlnaoissefopr

reearca n iht witale devhas.arey 25 rr 25 ev ongniansp

- ,ll,liil Hyy HnTok,er Clrr CloiioSen

serersmbahCChk ewalpoopR

eav I hthatecivre strrtoppsungiusd etart I sencsid eynjoe

o neav hs...Iretpumo clnasorpengindemmocern in oiattsihe

s.rhet oo tmhet- ,CC, Qendrrdew ArdnA

,ss,erersmbahCf o of dd oeaHsrrsemba ChendrA

evinsospe rmhetd uno f foeav h.I..danp le hrofs lal cot

h to bngdiarge relabedgewlnok.edwarar hnd aewartfftso

I T OYROFSKROW

SICEVRES IT DGEANAMp oshp ot sne oeatmitl uheT

,ntemeagan mhe trr tofevitaco & prencnaentaim, ITeritn eurur eo yff y otroppsu

s.metssya t & daeciov

SREBMAHCRU

SEVICRE SNIOTYPCRNEh t wiyplmocu oyp le han ceW-moce rlinc Couar Btseat lhet

n oiptyrncEn onsoiatndemenceirxpe euroh twi

s.mesty selo whngiptyrnce

- ,esdaEet nJaergana MserersmbahCCh

s.asl ctsrifs iear cremot Cusrr CusiheT- ,dd,rabbu HnhJo

ker Clrr CloiioSen

as hff hafafft srieh tff t oedgewlno khet..heth to bevoprm iusd pelhe

he tff t oenceilsie rnd aytiliabiler

ILAM EECURE SMSCJnd aMSJCh t wingisaii lyB

kr woyrsasece nll angimrofrpend aups rbe Chamuro yte gwe

nd aylkcui qMSJCn ongniunr.ylsseltroffffe

SSE ACCEOTMERh-cetssec Acetome ReurceS

nd aff afffatw soll aan cygolno

TYTINUION CSSINEUSBssenius burur bo yseylna aeW

s ski rngiyfitndes, iessecopr-min hes, teitiliabrneulvd and ilo s aeagan mnd antemepln.oiutlo syncengitno cstbuor

TORPP SUEOTMER-tcenno cy bemitu o yeav seW

s retpumo cmeblor po tngi

yeav h wethats mesty srr setpumoc

s.rbemhaCn i- e,cnu BnaD

erganaIT Msrrsemba Chtt Chru CoendraG

34t: 020 3355 73k.uit.cosb@cof: inek.uit.cos.cbww: ww

s elifrihetssecc aots ntnaet anymorfns oiatciappland

bwe - teanl phetn oCPd eblnae

lal cero mn learTo 020 33 55 t.iscb.www

wn-o dngsiimnii m,yletomerotkcbau o yngitte gnd aemit

.ylkcui qero mkrwo

7334020 33 55 tis viroku.cot.

A R T I C L E

D E C E M B E R 2 0 1 1 ~ I S S U E 1 1 8

17

Some barristers may be unhappy at the prospect thatthe first thing they do when they meet the client is toadvise the client how to make a complaint. Solicitorshave had to do this for years, and other professions suchas accountants have made it part of their daily workingpractices as well.

A “client information sheet” is one way in which theinformation may be communicated to the client, and thisis the way the BSB envisage chambers achievingcompliance. A draft information sheet is provided withinthe requirements and gives details about the barrister aswell as information on how to complain can be given tothe client by the barrister.

For the full requirements visit the BSB website:http://www.barstandardsboard.org.uk.The key elements are:

• Where a barrister accepts instructions from a newclient, or instructions on a new matter from anexisting client, the client must be notified of theright to make a complaint, how and to whom thiscan be done. It is essential that systems be set upby Chambers to ensure that these requirements areproperly complied with. This will be straightforwardfor public access clients, but because self-employedbarristers will usually be instructed by a solicitor orother professional client on behalf of the client,new procedures will need to be put in place fornotifying other clients.

• Compliance with requirements to notify clients

• The LSB has specified a requirement that the BSBmust require all individuals and entities theyregulate to notify all clients in writing at the time ofengagement, or existing clients at the nextappropriate opportunity, of their right to make acomplaint, how and to whom this can be done(including their right to complain to the LegalOmbudsman at the conclusion of the complaintprocess, the timeframe for doing so and full detailsof how to contact the Legal Ombudsman)

New Requirements - Complaints Handling

In October this year, after extensive consultation with the Bar, practice managers and senior clerks, the Bar Standards Board [BSB] released the final requirements for Chambers in relation to first tier

complaints handling. These arrangements answer many of the questions posed months ago, and havebeen approved by the Legal Services Board [LSB]. The requirements place an obligation on Chambers andbarristers to ensure that the lay client is aware of their right to complain to Chambers and to the Legal

Ombudsman. This affects everyone.

Continued on page 18...

• The Bar Standards Board is required to enforce the

LSB requirement and compliance by Chambers. The

BSB will monitor Chambers to ensure that the

requirement is being complied with.

• Significant concerns have been expressed by

barristers in a variety of fields of practice that a

requirement to notify clients directly of their right to

complain would be difficult or impossible to comply

with. The BSB are fully aware of these concerns and

have discussed them with the LSB. The guidance is

set out to assist barristers and Chambers in setting

up systems to effect compliance with the

requirement of the LSB in a way that is neither

disproportionate nor onerous.

• Where the barrister is aware of the contact details

for the client, the obligation can be satisfied by a

letter or e-mail sent directly to the client (which

may be sent by someone else on his behalf)

providing the required information.

• If the information has not been provided

beforehand in writing, it may be provided on the

first occasion that the barrister meets the client at

court, or in conference.

• Subject to the points made below, it is not

acceptable for barristers simply to make the

information available to solicitors. Nor is it

sufficient that the information is available on

Chambers’ website. There is a positive obligation

on the barrister to provide it to the client.

• An unequivocal agreement by the professional

client to pass on chambers’ complaint information

to the client, either in a particular case, or in

relation to each case in which a member of

chambers is instructed by that professional client,

will serve to discharge the obligation to provide the

client with the information. However, there must be

a positive agreement on the part of the

professional client: silence is not sufficient.

Where Chambers receive regular instructions from

a particular professional client it will not be

necessary to obtain written confirmation in relation

to each instruction. In those circumstances, positive

written confirmation should be obtained at regular

and reasonable intervals from the professional

client that complaints information continues to be

passed on to lay clients.

As part of their Chambers monitoring programme, BSB

will in the first half of 2012 establish the extent to

which the new requirements are being complied with.

They will also take that opportunity to gather views from

Chambers, Specialist Bar Associations and Circuits on

the operation of the new requirements.

A R T I C L E

D E C E M B E R 2 0 1 1 ~ I S S U E 1 1 8

18

...continued from page 17

The legal profession is facing some of the most fast-approaching, far-reaching and significant changes ithas ever had had to tackle. The complete reform of the way legal aid is administered, the arrival of

block-contracting, the effects of the Jackson recommendations, the increase in solicitor advocates andthe myriad of alternative ways to access legal advice which are springing up, will tax everyone. Nowhere

are these changes more challenging than in barristers’ chambers.

Counsel begin their career, normally, in their early/mid20’s and can carry on for as long as they please; it is notunusual to find working barristers in their 70’s, andbeyond.

There is, then, a wide spread of ages and experience atthe Bar and it is possible to categorise this populationinto four generations. This article will consider these,their background and values and how this impacts theorganisation and running of chambers. Each might,naturally, think that their cohort have the best ideas andmay not consider the impact and inter-relationship ofeach generation on the others and the benefits thatpooling their skills and experiences can bring tochambers as a whole.

The smart, experienced clerk intuitively knowseverything they’re about to read and will, no doubt,swap rib-tickling stories with their mates from otherchambers about the exploits and mishaps of theinhabitants of each of the categories below. Maybe,though, this information and the knowledge of eachmember’s strengths and weaknesses can be put to bestuse to market and sell these members to the right client.

Direct Access, for example, might require someone fromGeneration X who can use their energy and vigour,determination to succeed and wide range ofprofessional contacts to impress and manage thecorporate/commercial client Direct Access is, surely,designed for.

Public Access, on the other hand, may require someonefrom the Baby Boomer Generation who may be moreempathetic to and accommodating of the, perhaps,confused members of the public who might be ill at easein the august surroundings of a barristers’ chambers.

1) The Veteran (late 60’s upwards)

This group, at the Bar, is almost exclusively maleand were born during or immediately after theSecond World War and experienced the aftermathand its effect on British society. They are, probably,from a privileged and very well educatedbackground and joined the Bar at a time ofabundant opportunity for advancement and goodincomes. When they joined the Bar was small,litigation was for the rich and legal aid, introducedjust after the war to deal with the enormousamount of matrimonial problems arising as troopsreturned home, was in its infancy.

They may well be very traditional in their outlookand can benefit chambers and younger colleaguesby their experience of the law and advocacy andsharing their accumulated wisdom. They will bearticulate, write formally and speak persuasivelyand will focus very clearly on issues. They may notbe very IT-literate and some, at the expense of theirpractice, may not be comfortable with computers,spreadsheets and email. They, probably, won’t carevery much about that.

The Bar Through A Generational LensBy Ian Dodd [Bar Consultancy Network]

A R T I C L E

D E C E M B E R 2 0 1 1 ~ I S S U E 1 1 8

20

For the complete media package, contact clerksroom digital today

0845 083 3000 www.digital.clerksroom.com

Graphic DesignLogos & BrandingStationeryBrochuresLeafletsExhibition& much more...

Web DesignWebsites from £995+VAT

Safe, Secure Hostingfrom £150 per year

Continued on page 23...

2) The Baby-Boomers (mid 40’s – mid 60’s)

This group is predominantly male and, whilst theirchildhood was affected by the immediate post-warproblems, benefited greatly from a new andburgeoning welfare state, easy access to full grant-aided higher education, and the liberalisation ofsociety. They joined the Bar when there wasincreasing competition and success has come aboutthrough hard effort and long working hours. TheBar grew rapidly in response to private law andcommercial work and the ‘golden years’ of legal aidand private litigation taxed at the same rate.

They have witnessed the effect of increasedgovernment influence, the progressiveemancipation of women, the acceptance ofminority groups, rapid changes in society andculture, the waning of union power and livedthrough the birth of the internet age. This givesthem the idealism, power and confidence to believealmost any changes are possible. Many havebenefited from inheriting wealth fashioned byunprecedented rises in property values and sales oftheir own and will be the last generation, for sometime, to be better off than their parents.

Used wisely their experience can overcome thechallenges now facing the Bar and maximise thebenefits of them. However, given the fundamentalchanges and threats to their status, stability andposition at the apex of the legal profession theymay feel threatened. The very real problems ofreducing pension values and a long and lessfinancially secure retirement facing them could alsomake them disillusioned and unwilling to change.

Most of this group have adopted, sometimesreluctantly, the use of IT to enhance their practice.Those who haven’t/won’t may find it hard to

keep/win work as clients demand and expect 24/7electronic availability and response. The imminentelectronic transmission of all CPS papers may be afatal blow for some.

3) Generation X (early 30’s – mid 40’s)

‘Thatcher’s Children’ think they missed out on theseemingly easy, exhilarating and free-wheelingtimes the Baby Boomers enjoyed,

Economic turmoil, the start of a series of recessions,governments’ confrontation with the unions, highlevels of inflation and general social unrest markedtheir early years. There are also talented andambitious women are in this group and this hasaltered the balance within chambers.

A growing demand and competition for highereducational places and higher levels of expectationof examination performance made findingpupillage very hard. The emergence of solicitoradvocates which eroded the Bar’s monopoly in themost profitable work areas and the gradualreduction of public funding for training is having animpact here. The increase in publicly fundedlitigation and the introduction of success fees in PIwork and its consequent increase was matched byan increase of barristers looking for tenancy.

Faced with a long career at the Bar ahead underincreasingly challenging and unpredictablecircumstances, with the prospects of a reducingincome and competition for work from othersources, this group could be excused for beingdisillusioned and cynical. However, being theengine-room of most chambers, good leadershipand management can bring the best out of thisimmensely capable, intelligent and vigorous group.

A R T I C L E

D E C E M B E R 2 0 1 1 ~ I S S U E 1 1 8

23

Serviced Office Facilities:� 218 Strand offers UK and overseas lawyers the opportunity to share resources in a serviced office suite, directly opposite the Royal Courts of Justice in the Strand, London WC2. � The reception is on the 3rd Floor and staffed 8.30am - 6pm.� Meeting Room available include Single rooms for 1-50 people up to Mediation Suites.

We Also offer:� Copying Printing faxing & Wi-Fi� Hot desking or a quiet corner� DX exchange in the building� As much tea & coffee as you need!� Membership for individuals and chambers

Disaster Recovery Suite:� Suite with 24/7 availability of hot desk PC’s connected to the Internet.

Contact Us:218 Strand, London, WC2R 1ATT: 0845 083 3000 F: 0845 083 3001DX: 232 London Chancery Lane E: bob.moss@218strand.com

www.218strand.comContinued on page 24 ...

...continued from page 20

A R T I C L E

D E C E M B E R 2 0 1 1 ~ I S S U E 1 1 8

24

Confident and proficient with the electronic agethis group can evolve and influence the way theBar will win work, overcome competition and setthe agenda for the next 20 or so years. However,they might need to strike off the shackles ofprevious generations and, even, revolt againstsome of the stasis, restrictive traditions and, in theirview, old-fashioned habits of some of their oldercolleagues in chambers. The next couple of yearswill define the impact of this generation as theytake on more decision making and strategy formingroles in chambers and the wider Bar.

4) Generation Y (mid 20’s – early 30’s)

This group is the ‘Young Bar’, the ‘Facebook’ and the‘Post-Clementi’ Generation. Easily accessibletechnology, in many forms, has shaped them andtheir casual, often simultaneous, use of a range ofcommunication and information devices leaves theother generations in awe and envy. Their geographically wide-spread, fluid and largepeer groups interact easily and pass/spreadinformation fast and often. Almost equal numbers ofmen and women with shared values and acceptanceof equality and each others’ differences make up thisgroup.

This group ‘think on the screen’ and avoid thelaborious and expensive printing of case papers thatother groups favour. They also expect their chamber’slibrary to be on-line and accessible from anywhere atany time and find it hard to understand the cost andinconvenience of buying, storing and carting aboutthe hard copy.

Living through their first recession many of theirfriends outside the Bar may not have jobs reflectingtheir qualifications or may not have jobs at all. Theywill have witnessed major reorganisations in thegeneral workplace and will be seeing their ownchambers trying to come to terms with the

challenges ahead, without perhaps, being in aposition to contribute to or change it. The children ofthe Baby Boomers, many of their senior colleagues intheir chambers may have little in common with themand they might have to shout loud to be heard.

This group have worked hard to get where they areand many will have immense early debts from buyingtheir education. The fixed fee/price competitivemarket that has gradually evolved post-Carter is allthat some have known. Key areas of criminal workhave been eroded by CPS and solicitor HCAs anxiousto seek more cost-effective alternatives to theindependent Bar.

They won’t be giving it up without a fight thoughand, properly managed, motivated and listened tothey have the ability to revolutionise the Bar.

Having spent most, if not all their time at the Bar inan atmosphere of uncertainty and change they willbe more flexible in their outlook and more open todiscovering and adopting new ways of working.

The natural propensity in many chambers is to havea Management Committee made up more seniormembers than junior and, in some cases, only atoken representation of the latter. It might be a goodidea to have a more equal balance of each of thegenerations described above. In that way thevaluable and different views of each group could begiven more weight and help with the strategicplanning process. After all, the Veterans and most ofthe Baby Boomers will have moved into a well-earned retirement as the effects of the manyimminent changes bite. The Gen X and Gen Y groupswill have to manage and squeeze the value out ofthe changes. Perhaps they might be involved morefully with what will be their future?

...continued from page 23

Perhaps I deal with it for you. Can I help you with any of the

following?

� Manage the Marketing Event

� Co-ordinate the mailshot

� Co-ordinate the responses

� Co-ordinate the production of handouts/marketing material

� Carry out the event ‘follow up’ for you

Do you have a Mailshot or Marketing Event to Organise?

Are you snowed under, and have no time to deal with it?

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

It is essential, for those of us who are not sportsmen

and women, to understand that we also get adrenaline

rushes and pressure points during each working day and

that we also need to control them to maximise what we

can achieve. The buzz from the adrenaline rush can be

used to our advantage, to make us produce work of a

higher calibre, make us focus on the job in hand and

maximise our potential. When we recognise the rise in

stress levels within us, control them and use them, we

will burn off the additional chemicals that the

adrenaline rush produces and feel invigorated and

satisfied when the job is done. We are also likely to have

done the job to the best of our abilities.

To fail to recognise the adrenaline rise is a recipe for

disaster. If not harnessed and utitilised, the additional

chemicals will remain within the body and begin to work

against, rather than with, us, leading to feelings of

depression, lethargy and being prone to making

mistakes. There will be an inability to achieve full

potential and carrying out job functions satisfactorily will

become much harder. Over a period of months and

years, failure to burn off the stress created chemicals

may result in a need to see the Doctor, have time off

work, have counselling or even feel a pressure to

change career. There are very serious risks in not

listening to the signals sent out by the body and mind

and failing to use the adrenaline rush.

If you cannot cope with your stress levels, LawCare is

there to help. LawCare is a Charity which offer free and

confidential advice and support to Lawyers by way of a

365 day a year helpline, which is available from 9 a.m.

to 7.30 p.m. on weekdays and 10 a.m. to 4 p.m. at

weekends and UK public holidays: 0800 018 4299.

We also provide talks and presentations, free of charge

other than expenses, to highlight the need to recognise

stress levels and manage them. www.lawcare.org.uk

Control of the Adrenaline Rush

A R T I C L E

D E C E M B E R 2 0 1 1 ~ I S S U E 1 1 8

27

In order to succeed in any walk of life, there are times when a surge of adrenalin is necessary. However, it does take a toll on the body if the surge happens too often, or if it is not burnt off by action.

Those who have athletic talent channel their adrenaline rush into performing when it is needed. This isequally true of all sportsmen. Those who win are those who can control the adrenaline rush and can use

the pressure to their advantage.

A good “stocking filler” forthis Christmas is the latestvolume from Tim Kevan,entitled “Law & Peace”,published this May byBloomsbury. This followsthe successful launch ofBabyBarista characterisedin his first book “Law &Disorder”. Indeed bothbooks are worth a lighthearted read over thefestive season.The first book deals with the period during pupillage

up to winning the competition for a tenancy, and the

second covers BabyBarista’s early days as a tenant.

For each of the 50 questions give yourself 2points for a correct answer. Scores out of amaximum of 100, so: Over 80 suggests you aregood for the quiz team or have been around toolong 60 to 78 is a solid all-rounder. Over 50means you might want to brush up on yourgeneral knowledge Under 50 – well there isalways next year’s quiz!

1. H2O 2. Christmas tree 3. UNICEF (originally the United Nations International

Children's Emergency Fund, now called UnitedNations Children's Fund)

4. Sound of the Underground5. Ernie Wise6. Australia 7. Anthony Hopkins 8. Tracy9. C10. Walking in the Air (from The Snowman)11. Mistle thrush 12. Good King Wenceslas13. Capricorn14. For Christmas comes but once a year (from Thomas

Tusser's instructional poem A Hundred Good Pointsof Husbandry, The Farmer's Daily Diet, written in1557 - also the source of 'A fool and his money aresoon parted')

15. Fry's Turkish Delight 16. The Night Before Christmas17. A Charlie Brown Christmas (1965)18. Champagne coupe (or champagne saucer, more

loosely, champagne glass - the flat saucery one, notthe long thin pointy one)

19. Arizona and Florida20. Robert Louis Stevenson21. Only Fools and Horses

22. Mary's Boy Child (Harry Belafonte and Boney M,respectively)

23. Humphrey Bogart24. Beagle 225. Thank God it's Christmas26. Santa Claus (Father Christmas) 27. Levi's (Levi Strauss & Co) 28. Toto29. Quentin Crisp (born Denis Charles Pratt)30. Italy (Befana loosely means a witch)31. George Bailey (played by James Stewart)32. An instant (in the northern hemisphere between 21-

22 Dec each year; in the southern hemispherebetween 21-22 June)

33. Jingle Bells (or, One Horse Open Sleigh)34. White Christmas (by Bing Crosby)35. Wales36. Tinsel 37. St Stephen38. Christmas Island39. Pipes of Peace40. Balthazar41. London (1865, originally the Christian Mission, by

William Booth)42. Martini43. The Cooler King 44. Shoes45. Norway (according to legend, witches would steal

them otherwise)46. Irving Berlin 47. Theodore Roosevelt48. Twelve (each one is dedicated to an apostle)49. Eleven50. Ten (Latin, decem - it was the tenth month of the

early Roman calendar)