Firm called in to review bar's struggling enforcement system

International firm Fieldfisher LLP has been given the job of assessing whether the under-fire system for punishing errant barristers is fit for purpose.

The efficiency and effectiveness of the Bar Standards Board’s enforcement system has come under scrutiny in the past year, culminating in the oversight regulator raising significant concerns in April.

The BSB pledged at that time to commission an external review of its performance – the first time it had enlisted a firm to advise on its policies and processes.

The organisation said yesterday that, following a competitive tender, it had appointed Fieldfisher to carry out the end-to-end review. Every aspect of the BSB’s enforcement system will be assessed, with the aim of establishing whether it remains fit for purpose, risk-based and proportionate.

The BSB wants the review to examine whether its processes are effective in 'facilitating the taking of robust, consistent and legally sound decisions’, as well as how to improve efficiency. Stakeholders will be asked to rate the BSB.

Announcing the appointment, Sara Jagger, the BSB’s director of legal and enforcement, said: ‘Fieldfisher was able to demonstrate the depth and breadth of experience in professional regulation we were looking for and we are confident they will be able to carry out a very effective review.'

Sarah Ellson, co-head of the regulatory team at Fieldfisher, added: ‘We are pleased to support the BSB with this important project, and that the BSB has confidence in our firm’s experience and expertise in work of this nature to assist it with its review.’

In April, the bar standards watchdog was the only legal services regulator to receive a red traffic light rating on enforcement in the Legals Services Board’s annual audit of the profession.

Just 21% of cases were being referred for regulatory action within two weeks, against a target of 80%. The same target was in place for completing investigations within 25 weeks, but was met in just 38.7% of cases.

The BSB has said it hopes to have the review completed by the end of this year.

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