It seems to me that it is not unreasonable for the BSB to reduce the standard of proof, from the criminal to the civil standard, with regard to allegations of professional misconduct. After all, barristers of all people should be well able to defend themselves. Furthermore, in the ordinary course of events, one would expect them to have kept appropriate records to which they would have recourse in the event of a complaint. I doubt there would be much of an effect in terms of incentivising barristers to comport themselves appropriately as I would have thought they already have very strong incentives in terms of maintaining reputation in what is already a very accountable profession.
It seems to me that it is not unreasonable for the BSB to reduce the standard of proof, from the criminal to the civil standard, with regard to allegations of professional misconduct. After all, barristers of all people should be well able to defend themselves. Furthermore, in the ordinary course of events, one would expect them to have kept appropriate records to which they would have recourse in the event of a complaint. I doubt there would be much of an effect in terms of incentivising barristers to comport themselves appropriately as I would have thought they already have very strong incentives in terms of maintaining reputation in what is already a very accountable profession.
Interesting read !