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Time to cut the silken thread

Let me correct a couple of misapprehensions in the last couple of comments. First, yes this is an op-ed piece. It is designed to stimulate debate. In that it's been a success. Second, it is not a research piece. Most of my research--see www.johnflood.com--is empirically based and is rigorous. Yet what is clear from the comments is that we do need good research on this topic in order to come to a proper policy position. I've been unable to find much research in this area. The paper by the QC I refer to was submitted to the Ministry of Justice as a Bar response to the issue of QCs. I do think it's flawed. But believe me I've searched for good, empirical research on the QC system and it's not there. There are far too many assumptions in the arguments put forward in these comments. The one which disturbs me the most is the implicit assumption that the public interest and professional interest coincide. They do not. Nor are professionals the best decision makers on the shape of the market for legal services. Self-interest soon takes over. One of the reasons for the Legal Services Act was that professional interest distorted the market. I would urge the Bar to institute rigorous research on QCs. The system needs it.

13-Apr-2012

10:29 pm