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 Un i t e d K i ngdom

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

PAGE 2Conference Report

PAGE 11Jackie Ginty

PAGE 19Awards

PAGE 22Ted & Alice

I S S U E 9 1 - J U N E 2 0 0 9

WWW. C L E R K S R O OM . C OM / M AG A Z I N E

Tickets cost £15 each and can be bought through Fraser Geddes at Wilberforce Chambers. His contact details are Tel: 020 7304 2850 or Email fgeddes@wilberforce.co.uk

Please send cheques made payable to "Legal Charities Garden Party" c/oFraser at DX: 311 London/Chancery Lane together with your contact information.

E D I TO R ’ S PA G E

J U N E 2 0 0 9 ~ I S S U E 9 1

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

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June is always a packed edition, and this month is no exception.The IBC conference features the usual suspects. There was plentyto talk about.

I had a complaint from a Manchester united fan that I had notgiven credit to his team for winning the Premier League. Well I doso now, but confess I had waited for the outcome of theChampions league final in the hope that Barcelona would do us alla favour, which of course they did. Judging by the opening salvosfor next season between Ferguson and Benitez, they are going tomake sure everyone is up for next season and the “19th NervousBreakdown” for the side that does not win. My commiserations tothose of you who support London teams, and the handful inNewcastle who have not taken an overdose. But enough offootball, we are still into Wimbledon!

Chartered Accountants have woken up to the prospect of AlternativeBusiness Structures [ABSs]. Their professional body that looks after132,000 qualified members has suggested that the two codes of conductthat regulate their members and solicitors are too far apart andincompatible. They would expect their regulators to be given powers toregulate accountants by the Legal Services Board regardless of who wasin charge. One of the issues is fundamental. Accountants mostly followinternational standards, whilst lawyers do not. So who would win? I recallsomeone suggesting years ago that if it came to a fight, the Accountantscould buy the legal profession out of petty cash.

Under proposals put forward by the Government, there are plans tointroduce new criminal offences for MPs who wrongly claim expenses. The Theft Act 1968 already provides a basic definition of theft. It says: “A person is guilty of theft if he dishonestly appropriates propertybelonging to another with the intention of permanently depriving theother of it”. Property includes money.

So unless the MPs were only borrowing the expenses money until foundout, they were surely going to keep it. We do not need new laws. Weneed someone to prosecute the old ones.

Have a great summer. Soon be the Long Vacation!

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

Bob Moss

1

A R T I C L E

J U N E 2 0 0 9 ~ I S S U E 9 1

Question 1 was asked by Howard Rayner: "The state of the economy is a cause of concern for all businesses including the Bar. Are there anyparticular thoughts or concerns that the panelwould highlight or comment on?"

There was general agreement that the legal professionwas now very expensive to enter with no guarantee ofrewards. Claire Ruckin observed a greater volume oflitigation, but also greater competition for that work.She suggested lawyers needed to view themselves as abusiness like any other. Marketing Directors should beemployed as specialists. Lawyers should also meet thecosts challenge coming from clients trying to keep a lidon overheads and look at fee capping and fixed costs.

Adam Todd asked Question 2: "Is the threat ofTescolaw" real? If so, how can Chambers adapt and continue to provide services to solicitors andother clients?"

Joanne Poulton suggested that branded lawyers were athreat as they generally had their act together. Tescolawwas a channel to market, a portal for the public to gainaccess to lawyers. They would not however pose a threatto a quality service provided by quality lawyers. A votewas taken on whether Tescolaw was an opportunity or athreat. The vast majority see it as an opportunity.

IBC Conference ReportSaturday 6th June 2009 at the Royal College of Surgeons Lincoln’s Inn Fields

This year’s conference organised by Michael Goodridge of 9 Gough Square had the theme “Raising the Bar”. After the Keynote speech from Desmond Browne QC, the IBC Chairman Gary Brownacted as Moderator for the Open Forum. The panel consisted of Trevor Sterling, a partner at RowleyAshworth; Lucy Barbet, joint senior clerk at 11 KBW; Tom Little, former Chairman of the Young Bar;

Claire Ruckin, senior reporter at Legal Week; and Joanna Poulton, chief executive at Landmark Chambers.The panel took 5 questions:

2 Continued on page 4...

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Delegates enjoy lunch

Chairman’s address

Delegates take a break

Royal College of Surgeons

A R T I C L E

J U N E 2 0 0 9 ~ I S S U E 9 1

Question 3 came from Kevin Kelly:"Historically, there has been aperception that Senior Clerks andChief Executives have failed to geton. Was this true? If so, have theynow resolved their differences andwork together in harmony?"

Joanne Poulton said in her 20 years inChambers there has been so muchchange. Many are now multi-millionpound businesses. Senior clerks and chiefexecutives do now see the strengths ineach other which was not the case whenshe started. Tom Little seemed to thinkthey were getting on better these days,but Trevor Sterling said he still gets onbest with the clerks. This brought a biground of applause!

Lucy Barbet pointed out that businessmanagers were needed these days tokeep up with modern developments andthat often members of chambers werespending far too many billable hours in committees.

Celia Monksfield asked Question 4:"There has been significantpromotion of Equality and Diversityin recent years within the IBC. Is thisoverkill of political correctness ornecessary to ensure fairness andtransparency?"

The panel felt equality and diversitywere a good thing and enabled everyoneto get on better in chambers. Lucy Barbetreminded everyone that girls can pushtrolleys!

Question 5 was put by Katie Bird:"Do the panel consider the BarStandards Board to be meddlingneedlessly or are they a necessarywatchdog?"

It was accepted that regulation was anecessary evil in these times.

4

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...continued from page 2

David Dear & Jo Pickersgill More delegates

Panel members arrive

Michael Goodridge

A R T I C L E

J U N E 2 0 0 9 ~ I S S U E 9 1

7

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Serving the legal community in Manchester “the second legal city”

Take St Philips in Birmingham and Quadrant

Chambers in London as two current examples.

In May this year, Quadrant Chambers appointed Tim

Gerrard to the newly-created role of chief executive.

Gerrard joined the set in March from Jersey-based

trust manager Hawksford International, where he

was chief operating officer, filled the new position

after the early retirement of chambers director

Gordon Armstrong.

The chief executive appointment follows a “strategic

review of the set” and a decision to scrap the

chambers director role.

Tim Gerrard entered the commercial world after

having an early career in the administrative branch of

the Royal Air Force where he attained the rank of

Wing Commander.

St Philips has just appointed Chris Owen as its new

CEO to replace Mike Kimmons who was in post for a

relatively short period. Mike Kimmons left chambers

after joining from the Royal Navy in April 2008

where he was in charge of the naval legal division.

Using an army term so we cover all the services, coming

up through the ranks was always the best way to learn

how to run a set. However today’s modern chambers

needs highly skilled officers and what better way to

learn than through a compulsory training programme

funded by chambers and / or the Bar.

Put another way, you cannot run a successful multi-

million pound business on the back of a cigarette

packet. Specialisation within the clerking team as

well as the marketing and administration of

Chambers is becoming more essential, just as

members of the Bar specialise.

Any clerk who wants to get to the top wants all the

skills to get there as quickly as possible. The

Chairman of the Bar at the IBC Conference put his

support firmly behind continuing professional

development for clerks. So get the funding you need

from the Bar, and everyone is a winner.

When Chambers are looking for someone new to run their ship there is a growing feeling

that the bigger the set the further away from their clerks room they should look. But not every

search for talent outside is successful irrespective of the walk of life an individual may come from.

For example and in a military context, one branch of the armed services may produce one man’s meat whilst

another branch produces poison.

All change in ChambersBy the Editor

A R T I C L E

J U N E 2 0 0 9 ~ I S S U E 9 1

Seasonal flu has always been an important issue for self-employed barristers and their staff, whose individualproductivity and personal health and wellbeing is at a highpremium. With the official declaration of a pandemic by theWorld Health Organisation, H1N1 “swine” flu is no longera hypothetical problem: the genie is out of the bottle, andwe must plan accordingly.

Some facts:

The new virus is about three times more serious thanordinary seasonal flu, killing about one to two per thousandpeople infected; five to seven per cent of people infectedneed hospitalisation - so far, mostly people with pre-existing problems like asthma or other respiratory or cardiacproblems. A third of over-60s have some immunity, perhapsfrom previous exposure to a similar strain. In a reversal ofthe usual pattern with flu, younger people are morevulnerable, including young children and pregnant women.The first UK death occurred in a young woman with priorhealth problems who had recently given birth.

On the positive side, the illness has so far proved lessserious than first reports from Mexico indicated, and lessserious than avian flu: (good news, since hospitals in theUK, and most other countries too, have very little “surgecapacity” to cope with large numbers of seriously ill peopleat the same time). Unlike previous flu pandemics, we atleast have antiviral drugs - Tamiflu is highly effective whengiven early in the illness; we have had the benefit of earlywarning to enable us to prepare ahead; and we will be ableto produce a vaccine in the months ahead.

What should we do to prepare?

The current pattern of spread - particularly in the southernhemisphere - is being closely monitored, but it seemshighly likely that the UK will see large number of casesduring the autumn.

Many people may become ill at the same time. Schoolclosures and disrupted infrastructure may have knock-oneffects for childcare arrangements, staffing and normalbusiness operations, often at minimal notice. Householdcontacts of suspected or actual cases of infection, may need

to quarantine themselves by staying at home. “Soldieringon” will not be an option: anyone with overt symptomsof infection - coughs, sneezes, runny noses or feelingunwell - will not be welcome - in chambers, in court, oron public transport.

Plan carefully to ensure that you can cope with suddenabsence of key staff and colleagues, and that your owntasks can be easily handed over to others. Now is no timeto be under-staffed: can alternative staff be made availableto cover? Are staff contact numbers and email addresseseasily accessible to everyone who might need them? Canmore be done to help people work from home? Canconferences be held by video? Court cases are especiallyvulnerable to cancellation. Think carefully what you woulddo with your home and work responsibilities, if you becameill and were unable to work for a few days.

There will be a need to reduce the possibilities for infectionin the workplace, with careful attention to personalhygiene, hand washing, and cleaning arrangements.Encouraging use of alcohol hand gel is a simple andeffective measure to cut contamination. Face masks are notcurrently recommended, but the situation might changeonce the number of cases begins to rise.

Anyone with a pre-existing medical condition should act nowto ensure that it is stable and well treated. Anyone over 65 orwith a prior medical problem should consider having thepneumococcal vaccine, to protect against pneumonia.

Everyone should have the seasonal flu vaccine when itbecomes available at the start of the autumn the autumn:beside protecting from seasonal flu, it will help avoidconfusion with a swine flu infection, and could offer somesmall degree of cross protection. For companies andchambers, the process of organising it will also be a usefultrial run for mass vaccination later, once a vaccine becomesavailable against the new virus.

Dr Richard Dawood is the medical director of the Fleet Street Clinic. (www.fleetstreetclinic.com, www.flujabs.org)

H1N1 Flu Update“Experts predict that up to one third of us could go down with the new flu virus before the

end of the winter, so now is the time to prepare,” says Dr Richard Dawood

8

A R T I C L E

J U N E 2 0 0 9 ~ I S S U E 9 111

What was your first job inchambers?

The lovely position of a JuniorClerk pushing trolleys!

Why did you become a clerk?

Finished my A’ Levels and didn’treally have a plan for the future.Knew what the job was about sojust applied when I saw theadvert. The rest is history as they say.

So far what has been yourbest moment in Chambers?

Seeing barristers that were pupils when I was ajunior clerk make it to silk.

What has been your worst moment inChambers?

So many they have all merged together.

Who has been the greatest influence on your career?

Robert Ralphs – my senior clerk for nearly 20yrs. The complete professional and one of the nicestpeople you could ever work with. The values hetaught me and my colleagues have made ourchambers the place it is today.

What irritates you the most?

Rude and lazy people who thinkthey know better.

What is the best aspect of the job?

Variety of the job every day andthe brilliant friends I have made.

What is the worst aspect ofthe job?

Dealing with difficult solicitorswho expect the impossible.

What is your best characteristic, clerking or otherwise?

Reliable and approachable (I hope!)

Do you have any bad habits?

I have been told that my sarcasm can be verycutting…..

Your favourite film?

Pride & Prejudice (the television version)

What car do you drive?

VW Polo – very dull.

What Makes a Clerk Tick?I met up with Jackie Ginty, deputy senior clerk at One Essex Court, at the IBC Conference earlier thismonth, and she agreed to take part. She began her career as a barristers’ clerk in 1987 and is a

qualified member of the Institute of Barristers’ Clerks where she is also a Senior Clerk representative ontheir Management Committee.

Continued on page 12...

A R T I C L E...continued from page 11

What’s on your iPod?

Madness’s new album – nostalgia trip for me.

How do you relax?

In the pub with my friends.

What event anywhere in the world would youmost like to witness?

Arsenal winning the Champions League, FA Cup andPremiership in 2010. [Editor: dream on!]

Name one person you would like to have dinnerwith and why.

Dame Judi Dench – She is just so classy.

If you were stranded on a desert island, what 2items would you take with you?

Numerous books and my duvet.

If you had not gone into clerking, what wouldyou have become?

A better person probably!

So what does make a clerk tick?

The challenge that every day brings.

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J U N E 2 0 0 9 ~ I S S U E 9 115

A R T I C L E

The Chairmanship of the Bar:

I am now 5 months into the Chairman’s job; at any rate

according to the chart I keep above my bed. I have little

doubt that for the remaining 7, people will keep on

asking the question they have posed throughout the first

5: “tell me, honestly, how are you enjoying the job?”.

Well, honestly, by now I have got the answer off pat: it

is all very interesting. But you would need to be a sado-

masochist, at storm force 10 on the Mosley scale, to

gain the slightest enjoyment from the situation currently

confronting the publicly funded Bar. And then, of course,

there is the tornado of proposed reforms under the Legal

Services Act to the way in which we practise.

In the old days, new High Court judges were singled out

with a tap on the shoulder. These days, the process for

selecting Chairmen of the Bar involves something more

painful than a tap on the shoulder – it is arm twisting of

an arm until its fit to break. A year ago I did not know

that there was such a thing as O% interest rates – I

would have thought it a contradiction in terms. A year

ago, if the phrase “quantitative easing” had been

mentioned, I would have thought it had something to do

with corsets.

Today we live in a world, where the government spends

£4 for every £3 it raises in tax. And every time I see my

grandsons aged 2 and 4, I think you poor little sods, you

are going to end up paying for the banking bail-out to

the end of your days.

The State of Public Finances:

This month Jack Straw’s Permanent Secretary announced

that he would like to be able to invite Mahatma Gandhi to

dinner. The reason, he said, was that he was in need of a

bit of spiritual uplift. And the reason for that is that the

Ministry has got to make savings of £1bn by March 2011.

And to that the latest Budget seeks to make further so-

called “efficiency savings” of:

• £16m – from the expanded use of CPS in-house

advocates, and

• £33m – from “a competitive, market-based system for

legal procurement.”

The Economist recently described the phrase “efficiency

savings” as “the old familiar hogwash”. The idea is

supposedly (according to the Treasury) to help efficient

providers prosper. But the fact is that cuts are cuts: and the

truth about the Lord Chancellor’s new clothes is that cuts

on the scale of the recent past – let alone those proposed

for the future, make services to clients less efficient, not

more. They create advice deserts for both solicitors and

barristers, as has already happened with family legal aid.

Family legal aid:

Drastic fee cuts mean that practitioners just stop doing the

work. This is not just anecdote; it is put beyond doubt by

the recent study by King’s College, London of family law

practitioners. And as experienced practitioners are driven

out, we can be sure they will not be replaced. At every BVC

course I have visited from London to Nottingham, and from

The Keynote speech was given by the Chairman of the Bar Desmond Browne QC. In this and the nextcouple of editions we report on what he had to say.

IBC Conference Address

Continued on page 16...

When a solicitor tells you he’s going toput his cards on the table, always look uphis sleeve. When somebody tells you “I’llthink it over and let you know”, youknow. If you’re trying to sell a service,never invite the prospective purchaser to“think the matter over”.

Let the other side make the first offer.Always. Never negotiate with anyone whohas less authority to make concessionsthan you do. Always make your oppositenumber feel that the agreement that hasbeen reached is the best one he couldhave achieved.

Never negotiate on the telephone unless you initiate the call and are totally prepared to talk details. Whoever makes the phone call has the advantage in a negotiation.

When negotiating, you must never get carried away and forgetwho you’re speaking to. A managing partner may need far morecareful handling than a paralegal with little control over thedistribution of future work.

In negotiation, every penny counts. Getting an extra 5% onevery fee you negotiate makes a big difference over the courseof a year.

Take pride in being a negotiator. It is a very valuable professionaltalent and one not granted to many.

When your opponent makes a veiled threat, all threats by lawyersare, in my experience, veiled, it’s to weaken your resolve. Staysilent. The fact that you don’t react often leads to his qualifyingwhat he’s said.

Never accept an opening offer, no matter how good it appears tobe. Tell the other side it’s not good enough, but do it gently. Don’t be put off by a ‘no’. When faced with one, ask “Whatwould it take to get you to say ‘yes’?” Never “split thedifference”. Don’t go halfway. If you have to, go 20% or 30%.

Never admit during a negotiation tohaving total authority. Such an admissiontakes away your flexibility and limits youroptions. When making an offer, neveruse words such as “fair”, “reasonable”and “generous”. They irritate and offend.(This reminds me of the oxymoron“Reasonable legal fees”).

Never forget that lying in negotiations isendemic - as on CVs, on MPs’ expensesforms and on estate agents’specifications. Use precise numbers.People are convinced more by precisenumbers than rounded numbers. Neverinstantly reject a proposal. Never say “I disagree”.

Be extra-vigilant when your oppositenumber uses any of the following wordsor phrases - they signal deceit:

“Incidentally”, “By the way”, “While I think of it”, “Frankly”,“Honestly”, “Sincerely”, “To tell you the truth”, and, mostobvious of all, “In all honesty” and “Without a word of a lie.”

My own favourite piece of business advice is one I picked upafter a lifetime of bargaining with Americans, Europeans, Arabs and Africans, “When a man asks for 10, he means 8 andhe wants 6, but he’ll accept 4, so offer 2”. Works wonders withthe housekeeping but not so hot with Her Majesty’s Revenueand Customs!

Alan Cleary, in his own words, “has 3 kidneys and has never, everplayed golf….or the National Lottery. During national service, hewas trained as a sniper and he went to the same grammar schoolas John Lennon, where he was Lennon’s house prefect and gavehim lines on several occasions.

Former Oxford academic, chartered loss adjuster, hostagenegotiator, mercenary soldier and United Nations commissioner,he now runs several international businesses and, in his sparetime, is an author, journalist and mind-reader.”

Alan Cleary spoke at the IBC Conference on the topic: “Getting away with getting your own way”. In this article he offers some more advice to clerks.

A R T I C L E

Hints & Wrinkles for the Aspiring Negotiator

Nottingham to Newcastle, students are being advised by tutors

and careers advisers not to do publicly funded work. Indeed,

we learnt from a speech in the House of Lords last month, that

the former President of the Family Division, Lady Butler-Sloss, is

actually advising Bar students not to do family work.

Her concern in all this, she says, is not for the lawyers – but

for the children and parents they represent. Children like

Baby P. Regrettably when the Bar expresses its concerns;

they are dismissed by the Chairman of the Legal Services

Commission as merely an appeal to the emotions.

I’m pleased to say that the Commission seems to have

learnt their lesson over Very High Cost Criminal Cases:

namely that just because they are a monopoly, that does

not mean that the Bar can be forced to accept whatever

they care to offer. That was made clear when only two silks

in the entire country signed up for the VHCC panel scheme

in January 2009. As a result there have been sensible

negotiations to devise a new VHCC scheme – all on the

basis that there cannot be any more money, but equally

there will be no less money. The scheme must reward the

efficient and expeditious, not pay dismally low rates to

practitioners who then have the perverse incentive to churn

the hours.

The same process of sensible negotiation should be

happening with family law fees – but it is not. After cuts of

some 13% across the board announced in February, there is

now a proposal to make a second round of cuts of 20 to

30%. My mother now in her 90s was telling me recently

how in the summer of 1940 she drove down to the Sussex

beaches to collect her brother just back in one of the little

ships from Dunkirk. I asked her the question I had always

wondered about: “Surely, standing on the beach, you must

both have thought that we were utterly done for?”. “No”,

she replied, “we both knew we’d get through somehow”.

That’s what I believe today. So the question is: what is the

“somehow” for the Bar in 2009?

The way forward: publicly funded work:

First, let’s take publicly funded work. There is not much

doubt that today the self-employed barrister stands at

the cross-roads. Up and down the country the

predicament of the publicly funded Bar is dire. But

though the need for a solution is urgent, indeed

desperately urgent, the peril in which the profession

stands has not yet produced any unanimity of approach.

We all know the problem: solicitor advocates impoverished

by the rates paid under the litigators’ graduated fee scheme

introduced in January 2008, are grabbing the more

generous advocates’ rates negotiated by the Bar Council as

part of the Carter process. It is a bitter irony, much

aggravated by the amount of work being progressively

taken in-house by the Crown Prosecution Service.

The time has come when we really need to think about

the future creatively, trying to turn to our advantage

what at first sight may seem assaults on the traditions of

the profession. It is here that I find clerks and practice

managers, both in London and outside, seem to be doing

more constructive thinking than their barristers.

Commercial reality, like the prospect of execution, tends

to concentrate the mind. There are two possible ways

forward. The first is direct access, and the second is

block contracting – either with or without Legal

Disciplinary Practices. Not so long ago, we would all of

us, including myself have treated such ideas as heresy, if

not downright treason.

Next month the Chairman looks at Direct Access to the

Bar, block contracting and privately funded work.

J U N E 2 0 0 9 ~ I S S U E 9 116

J U N E 2 0 0 9 ~ I S S U E 9 117

A R T I C L E...continued from page 15

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J U N E 2 0 0 9 ~ I S S U E 9 1

19

Clerk of the Year

Upon completion of the BTEC courses for 2008/2009

the education committee announced that the winner

of the “John Carter Memorial Trophy” for his

outstanding achievement during the BTEC Course is

Samuel Fullilove at Monckton Chambers. The

presentation of the award will be at the Annual Dinner

on 15th July at the IOD.

The Lawyer Awards 2009

Over 1,000 lawyers and their clients packed into The

Great Room at the Grosvenor House, Park Lane on the

23rd June to watch The Lawyer Awards 2009. The

winners were chosen by an editorial team from The

Lawyer assisted by a panel of external judges. They

had their work cut out not only because of the large

number of applicants, but also ensuring an unbiased

outcome in all categories, made even harder by the

sponsorship arrangements.

Offshore Law Firm of the Year was sponsored by XXIV

Old Buildings who were Chambers of the Year.

Employment Team of the Year were sponsored by

11KBW, made more difficult as one of those

shortlisted were Cloisters.

Middle East Team of the Year1st: Reed Smith2nd: Ashurst3rd: Clifford ChanceShortlisted: Al Tamimi & CompanyShortlisted: DLA PiperShortlisted: Freshfields Bruckhaus DeringerShortlisted: Hadef & PartnersShortlisted: Herbert Smith

But the best piece of marketing has to go to OuterTemple Chambers, sponsors of the Middle EastTeam of the Year. Take a look at the “runners andriders” in this group and it becomes obvious why aChambers would want to sponsor this award.

Chambers of the Year1st: XXIV Old Buildings2nd: Blackstone Chambers3rd: Hardwicke BuildingShortlisted: Landmark ChambersShortlisted: Maitland ChambersShortlisted: Park Lane Plowden ChambersShortlisted: Serle CourtShortlisted: Tanfield Chambers

Barrister of the Year1st: Dinah Rose QC, Blackstone Chambers2nd: Nicholas Mostyn QC, 1 Hare Court3rd: Timothy Dutton QC, Fountain CourtShortlisted: Stuart Catchpole QC, 39 Essex StreetShortlisted: Jonathan Gaisman QC,

7 King’s Bench WalkShortlisted: Richard Lissack QC,

Outer Temple ChambersShortlisted: David Pannick QC,

Blackstone Chambers

Awards Report

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Dear Ted & Alice,One of the clerks who has been in Chambers for2 years now is really nice and I think I could fallfor him “big time”, but he is a bit shy. The thingis I am supposed to be going on holiday inAugust with a girl friend, only she hasannounced that her new boyfriend is now goingas well. I thought if I could get this clerk tocome along as well to make it even, it wouldgive me the chance to get to know him and seeif it is serious. Problem is I don’t know how toask him. What would you do Alice?

Alice: Tricky one as if it all goes pear shaped one orboth of you could be looking for a new jobbefore the year is out. Are you sure you justdon’t want to play gooseberry with your girlfriend? It could be a disaster, but if you reallylike the guy, then go for it. You never know itmight work.

Ted: If you don’t ask you will never know. Be bold!

Dear Ted & Alice,We have just heard in our Chambers that one ofthe senior juniors is to take a pupil on. It will bea total disaster. This barrister is the last one onearth who should be given the responsibility ofteaching anyone anything. All their bad habits,and I mean bad habits, are going to be passedon to the next generation. Any suggestions onhow we might stop this travesty for the pupil’ssake, never mind our sanity?

Ted: You have a real problem there. Has anyonegone to the Head of Chambers or is it too latefor that? Is it too late to teach an old dog anynew tricks, or is counsel too set in their ways?

Alice:Unfortunately I suspect the senior junior thinksthey are doing the pupil a favour and willbenefit from their wisdom. What a shame. Isuppose the barrister will not get silk either,and is probably heading for one of those pasttheir sell-by date. Typical!

Dear Ted & Alice,So who is the author of “Views of the FantasyBar” then? Do you have the inside knowledgeon his or her identity? Come on, spill the beans!

Ted: I don’t have a clue, but someone should putmore salt and vinegar on the chips on his orher shoulder.

Alice:Ouch! I am afraid I do not know who it iseither. The Editor is very secretive on this topic,but insists it is a real barrister who wants tostay anonymous. That way he or she can saywhat they want without any fear. A bit like me really!

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

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The topics covered included:

• How to attract and retain clients

• Winning new business

• Targeted marketing

• Creating a target client database

• The roles of clerks as key client

relationship managers

• E-marketing at the Bar

A sell out attendance secured an interesting

interactive session and a range of comments and

feedback as follows:

“Very Interesting and thought provoking ….

Excellent, great ideas, well done…

Worthwhile, giving me real ideas of new

approaches …

Very good, punchy delivery made me wish it was

a longer course”

Jonathan Maskew commented – “The session was

aimed at making a real difference to the approach to

marketing chambers, we enjoyed the company of

senior chambers directors, administrators, marketing

staff, and clerks of varying experience, everyone

taking something relevant from the event which they

could implement immediately.

The seminar gave real practical help and guidance on

how to understand and maximise the potential from

the intelligence to be gathered in chambers. It was

agreed that too many assumptions are made in

relation to marketing strategies and plans in

chambers and the seminar showed that targeted

marketing initiatives can provide the best return on

your investment and critically at a time when it is

most needed”.

Places are limited and bookings are already being

taken for the next seminar on the 8th July 2009. For

further information and details contact;

Jonathan Maskew - 07941 478463

jonathan@footstepsms.co.uk

Or book directly via Professional Solutions -

www.prosols.uk.com

Last month saw the launch of “Effective Marketing for Chambers” seminar, the first in a series ofpractical seminars for Chambers by Footsteps in association with Professional Solutions who kindly

hosted the event. Jonathan Maskew, consultant with Footsteps and former practice manager and JanineCollins a former solicitor, now a consultant with Client Intelligence, jointly presented the seminar whichprovided a unique combination of practical ideas, new techniques and practical guidance for chambers

in creating a creative marketing strategy.

“Effective Marketing for Chambers”

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I’m sure that you are all aware of the recent furore

regarding the standard of Higher Court Advocates

versus the bar. Lady Justice Smith and Judge Michael

Gledhill QC have both raised concerns, with Judge

Gledhill in particular keen on ensuring that advocates

of whatever wig are competent in the higher courts;

and that clients should be informed of their right to

have a barrister to represent them.

So why is this relevant to complaints handling?

The answer is that attendant with an increase in

direct client to Barrister contact is the increased

chance of complaints.

Looked at in evolutionary terms, the Bar’s direct

contact with the client is still a fairly recent

development and the efficient handling of complaints

in line with the requirements laid down by the Bar

Standards Board (BSB) is a challenging skill for

Chambers to develop - especially when the BSB is

constantly looking at ways to improve the process

and is strongly encouraging Chambers to send at

least one barrister and one staff member on training

annually. It is conceivable that attendance will be

compulsory in future.

On the 1st of May 2008 the BSB measures on

improving effectiveness of complaints handling in

Chambers came into force. One year on the

regulations have developed further and many

Chambers may still not be aware of their

requirements or the detail of the changes effective

from 31 March 2009.

According to Oliver Hanmer, Professional Practice

Manager at the BSB, complaints handling by

Chambers will become higher profile soon with the

arrival of the Office of Legal Complaints (which will

require all complaints to be considered locally first,

i.e. by Chambers or solicitor’s firms) and the new

power of the BSB’s Complaints Commissioner to refer

complaints she receives back to Chambers to deal

with. As a result the BSB is likely to place Chambers

complaints handling at the forefront of the future

development of its Chambers monitoring scheme.

The only training on complaints handling specifically

for Chambers currently on offer is run by Kaplan

Altior, under authorisation from the BSB, and is split

into two parts: the first session is focussed on the

regulatory framework and the second session is

focused on complaints handling skills. Kaplan Altior

will be running the first session as a special evening

course in central London during June from 4.15 until

7.15 so that barristers can attend without the worry

of it clashing with court work.

Don’t let your first experience of the complaints

handling process be driven by your first complaint,

be proactive and ensure your Chambers aren’t

caught unawares.

As the quality of provision of legal advice comes under increased scrutiny can you afford to fall foul of complaints handling?

Complaint HandlingHelp from Kaplan Altior

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June 1st -

Feel like I am living in Coventry. Nobody is talking tome. Wandered into the room that passes for achamber’s library and the brat pack, clearly deep inconspiracy mode, fell silent straight away. They staredat me as if to say:”How dare I interrupt and who didI think I was invading their space”. I really do think itis time I had my own room. Would be nice to getsome work in my own name to go with it. Returnspay the bills but it is hardly a career.

June 2nd -

Adam is still ignoring me just because I had spokento HOC Rupert. I would not mind but it is spreadingto the other clerks, except for Xena who seems togiggle at every stupid word emanating from the hugelips belonging to Ashley. Still living off returns. Why isnobody putting my name forward for the good stuff?

June 3rd -

Starting to lose the will to live. No work at all! What isgoing on? Doesn’t anyone care? Rupert abides by the“Bless you Geoffrey, I’m all right” rule. Well we cannotall be in the House of Cards every week. Anyway, Ithought the cab rank rule meant that if you were in thequeue then eventually you get a paying customer. Eventhe 3rd six bimbo is in court today. Spent the day fillingin the VAT Return. How depressing is that? It is not duefor at least another 3 weeks.

June 4th -

Took the day off as nobody rang. Better check theclerks have my mobile number. They have probablylost it. Rained all day. Considered calling Lawcarejust for a chat.

5th June -

Alleluia! Bordains want an opinion by the end of themonth in a “High value claim”. 12 lever arch files areon their way! Must buy some storage boxes. Goodjob Annabel is still with her mother. Couldn’t copewith her agro whilst trying to work. May be thelovely Julie could drop the papers off in a taxi on herway home. Something to get my teeth into. Adamsaid the women who rang wants a fee estimatebefore I start work, but did not flinch at £250 anhour. God, I could kiss them both. At last someonehas seen me for what I am really worth.

Sent an email to HOC: “Rupert: I thought you oughtto be aware that the Brat pack is at it again. Nodoubt in these uncertain times gossip and rumourabound, and any departure[s] from chambers is de-stabilising for us all. Suggest you kick the ring leaderwhere it hurts: show them you are in control. We areall in the same boat working together. As ever.Geoffrey. PS must do lunch sometime!

Views of the Fantasy BarGeoffrey’s Diary [edited highlights]

27

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In the morning, over 9 holes, weplayed for The Skelton Vase, amost splendid trophy donated byour late and greatly missedsecretary Mr. Frank Skelton. Ascan be seen from the photosAdrian Duncan was very pleasedto walk off with this fine trophyeven though it weighs a ton.Adrian came in with 18 pointsplaying off h/c of 18.

Digby Holman won the guestprize for the best score in themorning, playing off 10 he came in with 21 points, goodgolf from a proper golfer.

Digby also had the best guest afternoon score (39 points)but as we do not let anyone take home two prizes, wefound an excuse to disqualify him, he took the news withhis usual gentlemanly air of "life at the bar". Paul Roe nextbest with 35 points was declared the winner.

Our Captain rounded off a perfect day by winning TheLuxmore Cups, with the considerable assistance of hispartner Marc King. Playing off 16 & 20 respectively theyamassed a total of 42 points, beating three other pairs whoall came in with a creditable 41. Vice Captain John Pynewas delighted to do the presentation and help guide Lee tothe bar where our generous Captain bought us all a drink,good man.

It was very good to see so many younger clerks attending, we really are getting good numbers now and are quietly raising much needed funds for ourBenevolent Association,

more on that at the end of the year.

It is such a pleasure to see somany good mates together,when I think how we used tosee each other nearly every dayover at court; it is good we areable to relive some of thosememories at our Eldon meetings,even if I can't remember names!

Tony Charlick is going toorganise our Bar Clerks

Association Benevolent Fund "The Inter Chambers Cup" at Essenden on Saturday 25th July. We have ten teamsentered so far and room for more, he will be sending out a further reminder soon.

Our last meeting of this year will be at The Addington onFriday 2nd. October again I will be sending out details inlate July

On 22nd June our Captain, Lee Hughes-Gage was very pleased to welcome 36 members and guests to his home club. We were blessed with warm weather all day and some

sparkling golf from young and old.

The Eldon Golf Society,Captains Day at Upminster Golf Club

Captains Day

Golf Society

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On Saturday 13th June we held the Inaugural PaulHayes Memorial Trophy at Hemsted Forest Golf Clubat Cranbrook, Kent.

Thirty people took part including one of his membersof chambers David Lord QC, as well as fellow clerks,family and friends from Golf and Football. We had agreat day out.

The winner with 35 points was one of Paul’s friendsRichard Brunger, who was presented with “The PaulHayes Memorial Trophy” which is Paul’s old 1 ironmounted on an oak plinth.

The event will be held every year and a percentage ofthe cost of the day will go towards treating Paul’sthree young sons to a day out which is likely toinvolve football or theme park.

Next year we aim to widen the guest list and getmore numbers from the clerking world. The trophywould grace any cabinet.

Some of you will recall the untimely death of Paul Hayes who clerked at 3 Stone Buildings.

1st Winner of New TrophyBy Matt Butchard of Carmelite chambers

Richard Brunger - Winner

David Hayes - Brother

‘Leaderboard’