A Brave New Bar - LexisNexis...The future of Law. Since 1818. A Brave New Bar Are barristers ready to rethink and reshape their practice? With barristers expecting to grow their practice,

The future of Law. Since 1818.

A Brave New BarAre barristers ready to rethink and reshape their practice? With barristers expecting to grow their practice, what if anything, are they actively doing to futureproof their practice while facing significant challenges.

Nearly three quarters of the barristers we surveyed reported that their own practice is either stable or growing, compared to three years ago – and two in three plan to remain stable or grow in the next three to five years.

Despite a steady decline in the number of cases going to Court, Legal Aid cuts, rising rents and falling fees, our research suggests that the majority of barristers remain surprisingly bullish regarding the prospect of their own practice.

But when pressed on the future of the Bar itself as a profession, an entirely different, rather more pessimistic picture starts to emerge. Wellbeing remains a critical challenge, as the advent of email and smartphones creates more pressure from both clients and solicitors to be ‘always on’. Increasing regulations and admin around Data Protection (GDPR), Money Laundering and HMRC’s ‘Making Tax Digital’ scheme also means there’s less time for barristers to spend on their cases and clients, let alone perceived ‘luxuries’ like business development or marketing.

Given all of these challenges, why are so many barristers expecting their own practice to remain stable or grow? And what – if anything – are they actively doing to futureproof their practice?

Faith in the future

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In this age of uncertainty, with mostly gloomy forecasts about the future state of the UK economy, one might reasonably expect barristers to be bracing themselves for a slowdown. Not so.

What’s the outlook?

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Don’t know 2%

Prefer not to say 1%Not applicable – I have been a barrister for less than 3 years 2%


“There will always be a need for good barristers”

When we asked them about their own practice, nearly three quarters said they had either remained stable or grown, compared to three years ago.

67% expect their practice to remain stable or grow in the next three to five years.

37%Growing

36%Stable

21%Declining

673BASE

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THINKING OF YOUR OWN PRACTICE COMPARED TO 3 YEARS AGO, WOULD YOU SAY THAT IT IS

THINKING AHEAD FOR 3-5 YEARS OR SO, WHAT IS THE PLAN FOR YOUR OWN PRACTICE?

8% Likely to become smaller

16% Plan to leave the Bar

9% Not sure

39%

28%

Plan to grow

Remain stable

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Criminal vs. Civil Of the Criminal barristers we surveyed, 67% said their practice had grown or remained steady in the last three years – and 58% said they plan to remain steady or grow in the next three to five years.

By contrast, 78% of non-Criminal barristers said their practice had grown or remained steady in the last three years – while 72% said they plan to remain steady or grow in the next three to five years.

The future of the Bar However, when we asked our barristers about the future of the Bar itself the outlook was far less positive.

Many cited cuts to Legal Aid and the move towards fixed costs as major threats to the future of the Bar (as we will explore in greater detail in the next section).


In their own words: • “The Bar is withering from the junior end upwards.”• “Inadequatefundingandrecognitionthreatens thecontinuationoftheBarasweknowit.”

• “Certain areas of the Bar are being wiped out.”

67%Criminal practice growth (2016 - 2019)

58%Criminal practice plan to grow(next 3 to 5 years)

72%Civil practice plan to grow(next 3 to 5 years)

78%Civil practice growth (2016 - 2019)

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That being said, the overall number of barristers in practice has been growing steadily by around 1% every year, for the past 5 years. With 67% expecting to either grow or remain stable in the next three to five years – which shows real confidence and commitment from existing barristers in their own future growth.

But where will that growth come from? And what challenges will barristers need to overcome to achieve it?

To quote one respondent:

“I am not under any threat, so I leave this to others to consider.”

And in the words of another:

“Iamclosetoretirement, but I fear for my young colleagues.”

These figures suggest that for the next generation, at least, the prospect of a career at the Bar is becoming less appealing, or even viable.

Given that 70% of our sample are 41 or older, this may explain why they seem so confident in their own prospects, yet so uncertain about the future of the Bar as a whole. Having built up a strong practice over many years, they may feel more immune to broad trends.


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Challenges facing the Bar

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“TheBarislikelytolosemoreand more individuals if it doesn’t value them more…People are leaving in their droves.”

Wellbeing, rising costs and falling fees are some of the most critical challenges facing the Bar.

Wellbeing Life at the Bar has always been physically and emotionally draining: the long and unsociable hours, the constant travelling, the burden of responsibility. Little wonder then that 1 in 5 barristers rated ‘managing wellbeing and resilience’ as their number one most critical challenge.

The hours are getting even longer, the fees are getting even smaller, the volume of admin is growing more cumbersome due to regulation and clients are becoming more demanding, with many expecting a 24/7 service from their barrister.

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Increasing costs (rent, legal resources, etc.)

Managing wellbeing and increasing resilience

Legal Aid funding

Delays in receiving fees in private cases

Increase in arbitration

Technology challenges (need to modernise and invest in more tools)

Limited skills/time spent generating new business

Rising court fees

Increased regulation

Increasing competition from solicitors with Rights of Audience

Increase in mediation

Little cooperation among barristers in the same set

Delays in receiving fees in publicly funded cases


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NOT RELEVANT HIGHLY CRITICAL

RANK THE CHALLENGES BELOW FROM HIGHLY CRITICAL TO NOT RELEVANT TO YOUR PRACTICE

As one respondent put it:

“Theprofessiondoessolittle to support people”.

In their own words: • “BalancingfamilyandtheBarisbecomingmoredifficult.”• “ Non-stop availability via emails and phones is really problematicforourwellbeing.”

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And for established, experienced barristers:

“Excessive rents and business rates are threateningprofitabilityandworksatisfaction”.

Rising costsRising costs emerged as the second most critical challenge for barristers of all levels and practices. Nearly 40% of respondents rated it among their top three most critical challenges.

For those just starting out, those costs include rising tuition fees and living costs.

Falling feesLegal Aid Unsurprisingly, for Criminal and Family barristers doing publicly funded work, the cuts and changes to Legal Aid are a major concern. Nearly 30% of all the barristers rated it as their number one most critical challenge. Some fear the Criminal Bar may be wiped out entirely.

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To quote one respondent:

“The Legal Aid crisis is fundamental. Even as an experienced, successful barrister I spend much ofmytimeworkingforfree. I spend endless days, evenings and hours perfectingacaseknowingI will not be paid for it.”

In their own words: • “Legal Aid/CPS fees are unsustainably low –

there is a growing move away from them.”• “Fees for many cases do not in any way reflecttheamountofworkthatgoesintoitanddeliveringafirst-classservice.”

• “Cuts to Legal Aid have poisoned the well and structurally damaged the Rule of Law across the whole legal structure.”

Fixed costs / late payments Even for those doing privately funded work, the move towards fixed costs is also forcing fees down.

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A Brave New BarChallenges facing the Bar

On top of that, the fact that many barristers have to wait months (and in some cases, years) to be paid only adds to the pressure. Nearly 30% of Barristers said that delays in receiving fees in publicly funded cases among their top three most critical challenges – and roughly the same number (33%) rated delays in receiving fees in private cases in their top three.

As one respondent put it:

“Criminal and Family lawyers haveseentheirpracticesdecimated, and CFA funding has harmed personal injury practitionersgreatlytoo. Fixed costs will squeeze the Barfurtherstill.”

In their own words: • “It is incredible that aged debt is an accepted

reality in this profession. If a builder or plumber was not paid within 28 days, it would be seen as completely unacceptable.”

• “There is a lot of publicity given to Wellbeing at The Bar but if we all received payment within 30 days this would alleviate one of the biggest wellbeing problems.”

• “Theracetothebottomonfeestructuresdoesnotbenefittheclient.Theworstpractitionersdotheworkcheapest.”

Increasing regulationGrowing regulation is another critical challenge for barristers across the board – from new rules around Data Protection (GDPR) and Money Laundering, to HMRC’s ‘Making Tax Digital’ regime for VAT. Around 28% of the barristers we surveyed rated increasing regulation among their top three most critical challenges.

All of the extra time involved in keeping up with the latest changes and dealing with the extra admin and paperwork means there’s less time to focus on clients, let alone ‘luxuries’ like business development.

So what can barristers do to overcome these challenges, and come out fighting? Could taking on more Direct Access work, or diversifying into new practice areas, open new avenues for growth?

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A Brave New BarChallenges facing the Bar

In their own words: • “Stopissuingmoreandmoreregulations

and let us get on with the job of representingtheclients.”

• “Regulationisaproblemasitinhibitsdevelopment and increases costs.”

• “Increasedregulationmakesithardforsmallsets with limited resources expected to do the same as large sets with huge support teams”

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Where will growth come from?

Over two thirds of barristers said they plan to remain stable or grow in the coming years. But 46% also say they don’t have the support they need to grow. When we asked barristers what they believed to be a better route to sustainable business 26% said developing a mixed practice and 29% said they weren’t sure.

So where will this hypothetical growth actually come from? And what kind of support will barristers need – whether it’s from Chambers or other barristers in their set – to achieve it?

DO YOU BELIEVE YOU HAVE ENOUGH SUPPORT IN YOUR EFFORTS TO GROW YOUR PRACTICE?

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“Ipersonallythinkspecialisationisbetter.However,tosurvive,diversificationisneeded.”

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46% NO

54% YES

26%Developing a mixed practice

29%I am not sure

44%Increasing specialisation

WHICH OF THE FOLLOWING DO YOU BELIEVE IS THE BETTER ROUTE FOR A SUSTAINABLE BUSINESS?

DiversificationTraditionally, the received wisdom has always been that it’s better for barristers to specialise than branch out – and our sample reflects that.

62% work in only one practice area, especially Criminal and Family barristers (76% of those in Crime only do Crime, 80% of those in Family only do Family).

Of those who cover more than one practice area, the most common combination is Commercial and Chancery. 56% of those in Commercial also do Chancery.

The next most common combos are Commercial/Professional Negligence and Civil/Personal Injury.

However, of those who said they would like to diversify, 46% say they don’t have the support they need to do it – whether it’s:

Some also pointed to international work as a potential source of extra work for Commercial barristers.

According to one respondent:

“Court demands mean thereisnotimetobuildnewareasofpractice.”

30%36%44%57% 21%

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In their own words: • “The bar will need to focus more on internationalworkascompetitionincreasesforalimitedamountofdomesticwork.”

• “For a large number of commercial barristers internationalworkheardinLondonorheardoverseas is increasingly important.”

Help with marketing Collaborating with other barristers in

their set

Training with other barristers

in their set

Technology Practical guidance and research tools

Direct AccessDespite a big push from the Bar Council to encourage Direct Access, our barristers said that on average, 92% of their work still comes through solicitors.

So, could Direct Access be another potential route to growth?

The pros and consWhile still very much in the minority, some barristers are taking on more Direct Access work. 31 out of the 404 (7.7%) who answered said Direct Access accounted for at least 50% or more of their work.

At the same time, others are wary of moving towards Direct Access because they fear it will annoy solicitors with whom they have long-standing relationships – and they’ll need to spend even more of their already scant time dealing with clients.

3%Pro bono

8%Licensed Access

(by entities)

11%Direct Access (by members of the public)

91%Instructed

by a solicitor

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WHAT PERCENTAGE OF YOUR CASES ARE: • Potentiallyhugebusiness

developmentopportunity• Morecontroloverfeeswhendealingwith clientsdirectly

• StrongeralignmentwiththespiritofAccesstoJusticeforeveryone

• Infrastructuretomanageclientspracticallynon-existent(processes,paperwork,etc.)

• Adaptationofclientservicingneededwhenhandlingclientcasesdirectly

• Riskofjeopardisingregularworkfromsolicitors

PROS CONS

Business development / networkingWhen we asked barristers to rank the top 10 most important skills for a barrister, business development came close to the bottom of the list:

This suggests most barristers feel that business development is a matter for their Chambers and clerks rather than their own responsibility.

And again, it suggests that perhaps experienced barristers with a solid network of loyal solicitors to draw on feel like they don’t have to actively chase new work.

So, if barristers can’t get the support they need to grow from their Chambers, where else can they turn? And could technology hold at least part of the answer?

But as one respondent noted:

“Years spent building up good workingrelationshipswithindividual solicitors can collapse iftheymovetoanotherfirmorpracticearea.Theefforttomaintaintheserelationshipsissignificantandtimeconsuming.”

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89%Communication skills

25%Legal technology awareness and skill

69%Legal research skills

77%Problem solving skills

72%Interpersonal skills

32%Commercial awareness

31%Self-promotion / networking

38%Passion about upholding the rule of law

Business development16%

Leadership 15%

WHAT DO YOU THINK ARE THE MOST IMPORTANT SKILLS BARRISTERS NEED?

Can technology assist growth?

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“One has to understand and use developments in technology in order to survive in almost anyprofession these days, and the barisnoexception.”

DO YOU EXPECT TO SEE TECHNOLOGY PLAY A GROWING OR SHRINKING ROLE IN YOUR PRACTICE OVER THE NEXT 3 YEARS?

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DO YOU PREFER TO CONDUCT YOUR LEGAL RESEARCH ONLINE OR IN PRINT FORMAT?

84%Online

16%Print

97% agreed that technology will be increasingly important in their work in the near future. The question is: what kind of technology?

Growing role

97%

3% Shrinking role

“Iamasolepractitionerworkingfrommyhomeofficewhennotincourt.Increasingly I rely on electronic papers, online research tools, and conduct client andco-counselmeetingsandhearingsby phone and online. Social media and mywebsitearelikelytobeimportantmarketing/businessdevelopmenttoolsin the near future.”

57%Paid for online legal research and guidance

52%Document

management systems

50%Tracking (changes

to legislation/regulation)

48%Document

review (advanced proofing, clause

checker):

According to one respondent:

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Top techAccording to our survey, the most commonly used technologies are:

84% also said they prefer to do their legal research online, citing the obvious reasons: ease of use, cost-effectiveness, and having ‘anywhere anytime’ access to the most authoritative, trustworthy and up-to-date sources.

So, how can technology help? Managing wellbeingAs we’ve already seen, managing wellbeing and resilience (aka stress, work/life balance) is one of the most critical challenges for barristers. And according to our anecdotal evidence, much of that stress boils down to a lack of time. Growing regulations, rising costs and falling fees all mean there’s less time for barristers to focus on advocacy.

Investing in tools to automate simple tasks or speed up research time isn’t just about saving time and money, but alleviating some of that stress and improving job satisfaction (because barristers are freed up to spend more doing the parts of the job they’re passionate about).

Supporting business developmentWhen we asked barristers what support they need to help grow their practice, ‘building/improving marketing’ came out on top (57%). This is another area where technology can help. There are now tools designed specifically to help barristers in areas like marketing, business development and pricing – areas which most barristers don’t have the training, experience – or interest – in.

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57%Build/improve marketing strategy

44%Collaborating with other barristers in my set

36%Take training courses

30%Invest in technology – improve/build website

29%Hire more business development focused resources/staff

25%Investing in new business development channels

21%Invest in practical guidance and/or research tools

15%Offer mixed pricing models

13%Other

12%Invest in technology – acquire/use client data system

11%Joining a different set

WHAT SUPPORT DO YOU NEED TO HELP YOU GROW YOUR PRACTICE?

Diversification / Direct AccessOne of the main barriers preventing barristers from branching out into new practice areas seems to be the lack of cooperation with other barristers from the same set. In other words, they don’t have someone – or somewhere – they can turn for advice and the benefit of experience as well as for support in cross-referrals and business development.

To support diversification into new practice areas, there are now tools that make it easy to get a quick overview of a particular practice area, and track down the most relevant, up-to-date legislation and cases in a matter of seconds.

And for those taking on more Direct Access work, tools like smart forms and templates can help with those tasks that would normally fall to a solicitor.

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There’s no doubt the Bar is facing real challenges: falling fees, rising costs andgrowingcompetitionfor fewer cases.

But there are also real opportunitiesforgrowth,forthosereadytorethinkandreshapetheirpractice.

Whether it’s diversifying into new practice areas or overseas work, taking on more Direct Access, or devoting more time, money and energy to things like marketing and business development, which traditionally fall outside their comfort zone.

This is no time for complacency. No barrister, however experienced or established, can afford to sit back and rest on their laurels. At a time when competition is growing, fees are falling, and costs are rising, it takes extra effort to stand still, let alone grow.

But the Bar needs support. If they’re going to branch out into other practice areas, they need training and guidance. If they’re going to take on more Direct Access work, they need tools that can help with the extra admin and legwork that would normally fall to the solicitor. If they’re going to raise their game in terms of marketing and business development, they need help coming up with a sustainable strategy, invest time building their brand in networking and think outside the box. And while many feel they don’t have the support from their Chambers or colleagues to do it, a relationship of trust and collaboration is needed between barristers and their set for all to emerge as winners.

The good news is the vast majority of barristers appear to be holding steady or even thriving – and expect to keep on doing so for the foreseeable future. But the time has come for barristers to start thinking on how they will futureproof their practice to sustain such growth.

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Conclusion

Appendix

EMPLOYEMENT STATUS

BARRISTER DEMOGRAPHIC

This report was compiled using an online survey completed by 768 barristers in England and Wales. Respondents were from a wide geographical area and represented a broad sample of barristers in a variety of positions and areas of expertise.

The research was conducted by a survey link sent by the Bar Council to its members, throughout June and July 2019.

47 yearsMedian age

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1%Dual practitioner

94%Self-employed working in chambers

5%Sole practitioner

38%Female

vs

60%Male

PRACTICE EXPERIENCE

4%Less than 3 years

7%3-5 years

10%6-10 years

11-20 years 28%

21-30 years 29%

Over 30 years 21%

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A Brave New Bar - LexisNexis...The future of Law. Since 1818. A Brave New Bar Are barristers ready to rethink and reshape their practice? With barristers expecting to grow their practice,