Balance of Proof in Bar Discipline

Lawyer Watch

The Bar Standards Board is inviting comments on its proposals to bring the standard of proof into line with all professionals other than Vets and, for now, solicitors. Lucy Reed has exceeded her own high standards with an exceptional blog post on this.

In terms of the three questions the BSB asks, I agree that the standard of proof should be the civil standard, that the decision should not await the SRA making such a shift, and I do not perceive equality or other impact concerns that should stop them doing so. I don;t propose to go into the arguments as the BSB’s document does that admirably and with concision.

I suspect one argument that may be made against the proposals is the risk of ‘political’ prosecutions of barristers for handling controversial cases. This is a risk that faces other professionals, although it might be thought to be a…

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