Action Area B - Fair Access to Work

B.FAIR ACCESS TO WORK

Allocation of Work in Chambers

1.36 The opportunities for barristers to develop a successful practice in their areas of interest are frequently affected by the range and quality of work on which they are instructed in the early stages of their careers and even in pupillage. Paragraph 404(2) of the Code of Conduct requires that Chambers take all reasonable steps to ensure that the affairs of Chambers are conducted in a manner which is fair and equitable for all barristers. This responsibility extends to the fair distribution of work amongst pupils and members of Chambers. Pupils and tenants are entitled to equality of opportunity in terms of being able to experience the full range of work and training undertaken by Chambers.

1.37 Pupils and junior tenants should be afforded the opportunity to develop their practices in a fair and equal manner. Discriminatory and stereotyped career assumptions may exist and procedures should be in place to ensure that patterns of instruction and briefing are transparent and open to scrutiny.

1.38 Chambers should have in place effective procedures for the monitoring of work allocation and for responding to (and rectifying where appropriate) complaints and concerns about work allocation. There should be procedures in place for ensuring the fair distribution of work, particularly un-named work and for providing support and guidance in respect of practice development and marketing.

1.39 The onus is on Chambers rather than on the individual pupil or barrister to ensure that there is fair access to work.

1.40 Chambers should ensure that its clerks use the clerks’ room software to best advantage so that regular breakdowns of work are undertaken. Analysis should include the amount of work done, the type of work, fees earned and received and solicitors instructing. As a guideline, in respect of pupils and junior tenants, breakdowns should be produced at three monthly intervals. This information should be discussed with the pupil or junior tenant as part of their individual practice development, as well as being used to monitor Chambers’ internal work distribution procedures and instructing solicitors’ briefing practices.

1.41 One or more members of Chambers or appropriate practice manager should be responsible for overseeing the monitoring of work and should meet with the Senior Clerk on a regular basis in order to compare and review the work distribution data so as to ensure that work is distributed in a manner which is fair.

1.42 Chambers should be particularly aware of issues relating to the distribution of any un-named work coming into Chambers, and the redistribution of work between members of Chambers and pupils and junior tenants. These in particular should be systematically monitored to ensure that any disparities in allocation are identified and rectified.

1.43 Chambers should use the work distribution data to ascertain whether any instructing organisations or solicitors exhibit briefing practices which tend to favour a particular group. Any such trend should be considered by a designated member or members of Chambers to see if there is any underlying discriminatory practice.

1.44 If briefing practices are identified which disadvantage a particular group (for example allocating sex and child abuse cases predominantly to female practitioners) these should be addressed through the clerks’ room. If the issue cannot be resolved through the clerks’ room, it may need to be addressed by the Head of Chambers and the solicitor(s) involved.

1.45 Any unequal or unfair treatment of pupils and members of Chambers in the allocation of work should be treated as a serious matter and dealt with appropriately so that it does not recur.

1.46 Chambers should ensure that all clerks are fully briefed on the need to distribute work in a fair and non-discriminatory manner and to monitor work allocation. Clerks, and in particular those involved in the distribution and monitoring of work allocation, should be provided with equality and diversity training.

1.47 Chambers should seek to ensure, where possible, that instructions and briefs are not delivered by solicitors at such times as to preclude those with childcare and other dependent care commitments from being eligible for that work (for example, where a brief is not delivered until Friday afternoon for a trial on Monday). Late delivery of briefs may also disadvantage disabled barristers who may require the Court to make adjustments for them which cannot be made on the morning of a trial or hearing. Any solicitor who insists on a directly discriminatory allocation of work should be reported to his or her professional disciplinary body. The work should be refused.

LINK TO SOLICITORS ANTI DISCRIMINATION RULE AND GUIDELINES

Practice Development

1.48 Chambers should arrange regular feedback sessions for working pupils and practice development meetings for tenants. The purpose of these meetings is to enable discussion of the allocation of work, work opportunity and development of individual practices.

1.49 Chambers are encouraged to set up mentoring schemes whereby a junior tenant may be a pupil’s “mentor” and a junior tenant may be linked to a more senior member of Chambers who can offer advice and guidance regarding practice development in a mentoring role. This will be relevant also to barristers returning to practice following a career break.

Marketing of Barristers and Pupils

1.50 Marketing strategies for tenants and pupils should take into account equal opportunities considerations. For example, socialising after work in the pub may provide an effective means of “networking” for those who do not have childcare commitments or substantial student debts or both. Socialising in the pub may exclude pupils and junior tenants whose religious beliefs preclude the drinking of alcohol. Chambers should be sensitive to these issues and should ensure that marketing and networking activities are organised so that all pupils and tenants can, so far as practicable, be equally involved.

1.51 Chambers should encourage pupils and junior tenants to take part in Chambers’ seminars and lectures, attend outside seminars and lectures, write or contribute to articles in professional publications, become involved in professional organisations connected to their line of work and become involved with any legal advice or support centres or organisations.

1.52 The organisation of regular “Practice Group Meetings” within Chambers is encouraged as a means of discussing individual and Chambers’ issues and as a means of integrating pupils and members of Chambers.