Regulators say they are concerned about the culture and ethics of barristers, as they seek to make long-term changes to the bar’s approach.

In a call for evidence on its future strategy, the Bar Standards Board said that recent years have highlighted challenges in the profession’s ability to serve the public interest. This has manifested itself in the Post Office scandal, which raised questions about whether barristers are always meeting ethical standards in how they represent clients.

‘The current ethical framework… makes clear that barristers must prioritise their duty to the court and the administration of justice over their duty to the clients,’ said the BSB, in an explainer for its call for evidence. ‘Though clear, this priority can come under pressure, as the ongoing Post Office inquiry demonstrates.

‘Barristers may also sometimes allow their zeal to advance a client’s interests to embrace tactics which are ethically questionable. This raises questions about whether the BSB needs to develop our guidance.’

The regulator said there is now a particular challenge in shaping the ethics of junior barristers where chambers are more virtual than real, and also where barristers have returned to practice after extended periods away. The BSB said it can play a key role in improving ethics through training and education, both at the point of entering the profession and on an ongoing basis.

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The BSB says recent years have highlighted challenges in the profession’s ability to serve the public interest

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The culture of the profession will also come under scrutiny as the BSB seeks to clamp down on harmful behaviour in the workplace.

‘We are concerned about the reported prevalence of bullying, discrimination and harassment, the failure of the profession adequately to deal with these issues to date and the need to be more inclusive generally,’ it added. ‘Failing to deal adequately with these issues has the potential to affect the wellbeing and effectiveness of students, pupils and barristers, in addition to negatively impacting on clients.’

The questionnaire asks for views on the current environment in which barristers operate and whether that can be improved. It also seeks to know how best to create a market where consumers are ‘empowered to engage effectively with barristers’.

The regulator is preparing a five-year strategy that will be prepared later this year and come into effect from April 2026.