Three months after Legal Services Act 2007 reforms took effect, solicitors have gained the ‘upper hand’ over the bar, with 61 firms becoming legal disciplinary practices (LDPs).

While the number of solicitors’ firms becoming approved LDPs has doubled in the past month, barristers remain unable to take advantage of the new provisions.

The bar’s regulator, the Bar Standards Board (BSB), has yet to finalise the rule changes required to the code of conduct to enable barristers to operate in LDPs.

Following its second consultation on the regulatory changes required by the act, which ended in March, the BSB had aimed to have draft rules ready for submission to the Ministry of Justice for approval in June, but that date has slipped.

The BSB had also considered making barristers who wanted to participate in LDPs exempt from the relevant provisions of the code of conduct, but no decision has been made.

A survey carried out by Ipsos MORI for the BSB in 2007 revealed that 24% of barristers would be in favour of entering into partnership structures.

Ian Dodd, director of Bar Futures, an alternative chambers providing clerking, marketing and office space for barristers without the overheads of chambers, said: ‘The delay has allowed solicitors to gain the upper hand in the manipulation of the commercial advantages that will flow from the Legal Services Act.’

He said there was a groundswell within the bar that wanted to take up new ways of working.

LDPs allow barristers and solicitors to practise in partnership and enable non-lawyer professionals to form up to 25% of the partners in a law firm.

Barristers are currently prohibited from entering into partnerships either with each other or others.

The BSB said it expected to make a final decision on LDP rules in October.