Proposals to allow barristers with less than three years' experience to accept work directly from the public without supervision are ‘an abdication of regulatory risk,’ according to the Law Society.

Responding to a Bar Standards Board (BSB) consultation on relaxing the public access rules, Chancery Lane called for ‘clear and enforceable safeguards’ to protect the public.

It opposed the removal of the three-year rule, stating that it posed a regulatory risk and potential threat to the public interest.

‘Dealing directly with clients requires a level of maturity and expertise which the majority of entrants to the profession cannot be expected to possess,’ said the Law Society.

It said that newly qualified barristers may not be able to identify at an early stage whether a case is within their competence, they may overestimate their ability and may be unaware when they have made a mistake.

The Law Society said the lack of any supervision or monitoring requirement was ‘astonishing’.

It said it was ‘disturbed’ by the BSB’s view that direct supervision of public access work is impractical, suggesting it showed a ‘surprising lack of knowledge’ about chambers’ administration and poses ‘clear risks to the public’.

‘The Society believes that removing the three-year rule, and to do so without providing supervision requirements, is an abdication of regulatory responsibility and places the public at risk,’ it said.

It called for close supervision in allocating and checking work to ensure it is done to an agreed standard.

The Law Society did not oppose the proposed change to allow barristers to accept public access work from a client who may be entitled to public funding.

It said: ‘We note the BSB’s view that regulatory risks are not sufficient to outweigh the importance of the client’s choice of legal representation in this context, and theoretical benefits in terms of access to justice.’

If the BSB goes ahead with the change, the Society said there needs to ‘clear and enforceable safeguards’ to ensure that clients are informed about their options in relation to eligibility and application for legal aid, with advice about the provision of legal aid being incorporated into client care training for barristers.