Tackling the Bar’s Cultural Problems Head-On: The Independent Review of Bullying and Harassment at the Bar

The recently released Independent Review of Bullying, Harassment and Sexual Harassment at the Bar paints a sobering picture of the legal profession.

It identifies entrenched cultural issues — hierarchy, opaque work allocation, lack of HR infrastructure, financial dependence on senior “big earners”, and a reluctance to challenge poor behaviour — as structural problems that allow misconduct to persist.

These findings are consistent with long-standing concerns within the profession:

• Power imbalances between senior and junior barristers create opportunities for abuse.
• Opaque and politicised work allocation systems foster favouritism and discrimination.
• Self-employment within unregulated entities (traditional chambers) means there is no standardised HR or disciplinary framework, and complaints can be mishandled or ignored.
• Financial dependence on senior members can discourage chambers from tackling misconduct robustly.

Against this backdrop, The Barrister Group (TBG) stands out as a fundamentally different model — one that has been designed from the ground up to avoid these pitfalls.

A New Kind of Chambers: No Hierarchy, No Politics

Founded in 2001 (originally as Clerksroom) by Stephen Ward and Harry Hodgkin, TBG was created to break away from the entrenched hierarchy and politics of traditional chambers. Unlike most sets, which are run by barristers themselves, TBG is private equity backed and professionally managed as a commercial enterprise.

This means:

• No internal “old boys’ network” deciding who gets opportunities.
• Independent professional leadership ensures decisions are made in the best interest of the organisation as a whole, not to protect the powerful few.
• Clear separation between governance and practice — barristers focus on advocacy, leadership focuses on running the chambers efficiently and ethically.

Fair Work Allocation — By Design, Not By Favour

The review highlights that in many chambers, clerks’ rooms can be “male-heavy and old school”, with reliance on personal relationships for work distribution — creating room for bias, exploitation, and even harassment.

TBG tackles this directly through its Fair Allocation of Work Policy, which uses:

• A unique preference system where barristers set their own parameters: areas of law, travel range, minimum fees, and availability.
• Algorithm-led shortlisting via Chambers365 case management software, taking into account earnings, quantity and source of work, and geography — ensuring objective allocation.

This system gives barristers genuine autonomy over their practice — deciding when, where, and how much they work — while ensuring fairness and transparency for all.

Replacing the Constitution with a Service Level Agreement (SLA)

Traditional chambers are governed by a constitution created and amended by members, often making enforcement of standards slow or politicised.

TBG instead operates under a Service Level Agreement which every barrister must adhere to, alongside a comprehensive suite of policies that set clear behavioural, ethical, and professional expectations.

This allows TBG to:

• Implement commercially clear standards rather than negotiated compromises.
• Apply sanctions when members breach policy — including misconduct towards colleagues, clients, or staff — without the conflicts of interest inherent in peer-run chambers.
• Maintain a consistent culture across the organisation.

Performance Management — With Teeth

One of the review’s strongest criticisms is that traditional chambers often fail to take meaningful action against misconduct, particularly by senior, high-earning members.

TBG’s Performance Management Policy is a formalised, proactive process that:

• Reviews practice structure, workload, and conduct regularly.
• Tracks objective performance measures, including feedback, communication, and compliance with BSB duties.
• Allows for formal investigations and sanctions for inappropriate behaviour, poor performance, or breaches of policy.
• Integrates wellbeing considerations — recognising that misconduct can sometimes be linked to personal or welfare issues and addressing them early.

Because TBG is not financially dependent on any individual barrister, it can take action against misconduct without fear of financial destabilisation — a key weakness in many traditional sets.

Wellbeing and Culture at the Core

The review notes that many barristers operate in high-stress, adversarial environments without adequate support, and that wellbeing issues often go unaddressed until they escalate.

TBG’s Wellbeing Policy embeds psychological safety and preventative measures into its operations, with:

• A trained Wellbeing Team supported by senior management.
• Confidential support channels and proactive check-ins.
• Flexible working policies for all members and pupils.
• Integration with equality, diversity, and inclusion (EDI) strategies to ensure a respectful and supportive environment.

A Model Built for Accountability

In essence, TBG’s structure removes the key structural weaknesses identified in the independent review:

• Independent professional governance replaces self-policing by peers.
• Algorithm-driven work allocation removes clerks’ discretionary bias.
• SLA and policy-based compliance replaces constitutional politics.
• Financial independence from individuals enables decisive action on misconduct.
• Formal performance and wellbeing frameworks ensure early intervention and consistent standards.

Conclusion

The Independent Review makes clear that the Bar’s traditional structures can perpetuate bullying, harassment, and poor behaviour. The Barrister Group’s model — with its flat structure, transparent processes, and professional governance — is designed to prevent these very problems.

While cultural change is challenging across the profession, TBG demonstrates that with the right structure, transparency, and leadership, a chambers can be both commercially successful and a safe, fair, and supportive place to practise.

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To find out more about joining The Barrister Group, please get in touch with our membership team: membership@thebarristergroup.co.uk.