LONDON, June 28: Britain, called the mother of the judicial system in the world, is on the verge of bringing about far reaching changes to the Bar as part of a major offensive on the restrictive practices of the judicial system.In a new move, which could trigger similar reforms in developing countries, Lord Chancellor has announced that he proposes to scrap the Bar's near-monopoly of work in the higher courts.
What he is saying, according to legal experts, is that independent barristers enjoying a near monopoly in higher courts, with fees of more than thousand pounds a day, could no longer have exclusive rights of audience.
Lord Irvine of Larig -- the Lord Chancellor -- has announced new proposals over the weekend to abolish what he described as ``antiquated restrictions'' that can force people to pay for two lawyers, a solicitor and a barrister, when just one would do.
He made it plain that his plans to allow a wider range of lawyers into higher courts, including crown prosecutors, heralded a biggershake-up of legal services this autumn. ``We have to remove perceptions that have grown that the legal system is dominated by the interests of lawyers rather than by the need to provide justice to the people,'' Lord Irvine said.
Legal experts said that under the new proposals, salaried lawyers working for law firms and for the crown prosecution will gain rights of advocacy in the higher courts. The reform is said to be aimed at cutting legal costs for clients and tax-payers, who at present have to foot a huge legal bills in engaging what the experts described as ``fat lawyers''.
At his press conference, the Lord Chancellor said all qualified lawyers should be able to act as advocates in all courts, subject to training requirements and rules of conduct imposed by the profession. The reform, according to legal experts, could spell significant implications for countries like India, where also only a limited number of advocates and solicitors have right of audience in the Supreme Court and high courts.TheBritish Law Society has welcomed the proposed reforms, which according to its spokeswoman will ``bring real competition and choice into advocacy in higher courts''.
The other major shake-up being proposed by Lord Irvine includes scrapping of legal aid for personal injury claims and extension of the new ``no win no fees'' work and fast track clearance for disputes involving damage claims of up to 15,000 pound sterling.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
