In a recent London meeting of the Bar Standards Board (BSB), Director General Mark Neale addressed concerns about the new equality duty arising from the regulator’s consultation by confirming it will not affect the long-standing cab-rank rule.
The BSB has proposed a shift from the existing duty that prohibits unlawful discrimination to a new requirement aimed at advancing equality, diversity, and inclusion (EDI) within the legal profession. This move has sparked significant debate among barristers, with some accusing the BSB of engaging in ‘social engineering.’
Concerns have surfaced that adhering to this new equality duty might prevent barristers from taking cases that conflict with EDI principles, potentially contradicting the cab-rank rule, which obliges barristers to represent clients regardless of their personal views. However, Mr Neale reassured the community, stating that the cab-rank rule remains unaffected and barristers must continue to represent clients without discrimination.
In response to criticisms suggesting that the new duty could lead to the imposition of quotas within chambers, Mr Neale categorically stated, ‘There is no suggestion in the consultation, either explicit or implicit, that quotas should be imposed on chambers.’
Following the issuance of a letter by former justice minister Lord Wolfson and Andreas Gledhill KC expressing concerns about potential implicit quotas, BSB Chair Kathryn Stone clarified that the consultation process is ongoing, and no decisions have been finalised. She emphasised the board’s commitment to carefully considering all views submitted.
Further observations were made by criminal barrister Matthew Scott, who voiced scepticism about the consultation process’s ability to influence the outcome effectively. Despite the mixed feedback, BSB officials have welcomed the increased attention the consultation has received, as it often attracts limited responses.
BSB pointed to the similarity of the proposed duty with the Solicitors Regulation Authority’s uncontroversial principle six, which encourages solicitors to promote equality, diversity, and inclusion, indicating a broad regulatory alignment within the legal sector.
The BSB’s commitment to fostering equality, diversity, and inclusion continues to evoke a spectrum of responses from the legal community, with assurances in place that these new proposals will preserve the integrity of the cab-rank rule.
