Only people who have completed pupillage should be allowed to use the protected title of ‘barrister’, the chair of the Bar Council has said – concerned that the current system risks confusing clients.

In a speech entitled 'The Bar of 2043: Thoughts for the future' delivered at Inner Temple Hall on Wednesday evening, Nick Vineall KC suggested the timing of call should change.

‘What makes you entitled to use the protected title "barrister" is being called to the bar by one of the four inns of court. But – bizarrely in my view – we confer the title of barrister on people who are not entitled to practise as barristers,’ he said.

To be called to the bar, a person must have a qualifying law degree, complete 10 qualifying sessions with an inn of court, and pass a vocational course.

'So you can become a barrister without ever having practised, and without even having done pupillage, and you can retain that title for life,’ Vineall said. By contrast, ‘the main route to becoming a solicitor is that a person must have a qualifying law degree or equivalent and complete the LPC (so that is very similar to the bar route) but would-be solicitors must also complete two years of “recognised training” before they become a solicitor'.

However, to exercise the rights associated with being a barrister, a person must complete pupillage to be entitled to a full practising certificate. With non-barristers significantly outnumbering practising barristers, Vineall warned that the current arrangements risk confusing clients.

'The rules about holding out and unregistered barristers are a quagmire likely to be incomprehensible to most clients. They are certainly confusing for unregistered barristers as evidenced by the many calls to the Bar Council’s ethics helpline – and by the fact that almost every year at least one unregistered barrister is subject to disciplinary proceedings for holding themselves out as a barrister in connection with the provision of legal services.'

Around 17,000 practising barristers are paying for the regulation of 70,000 or so people, Vineall said. ‘It is striking I think that unregistered barristers who have never been entitled to practise account for over a quarter of cases that get to the bar tribunal.’

The 'barrister' title must be meaningful and the inns are looking at the issue, he added.

 

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