BSB Transparency Rules - Mandatory rules on price, service and redress transparency

Last Updated: 1st May 2020

We have produced an overview of how the BSB's Transparency Rules affect BSB regulated barristers and their practices. The rules came into force on 1st July 2019, with those affected having until January 2020 to implement the new rules within their business practices. The rules apply to self-employed barristers, chambers and BSB entities.

The rules are a result of the recommendations set out in the Competition and Markets Authority’s (CMA) Legal Services Market Study regarding price and service transparency.

CHANGE HISTORY

01/05/20 - Redrafted to include information on the finalised Bar Standards Board (BSB) Transparency Rules.
29/11/18 - First Draft.

What are the BSB Transparency Rules?

The BSB has introduced rules on price, service and redress transparency for all self-employed barristers, chambers and BSB entities.

The Transparency Rules set out the information that self-employed barristers, chambers and entities regulated by the BSB (Bar Standards Board) should make available to clients and potential clients. The BSB has also published several guides to assist BSB regulated entities as they make changes to meet the new Transparency Rules.

How will the BSB Transparency Rules affect me?

In order to comply with the the new rules, BSB regulated parties must provide information about price, service and redress on their website. If they do not have a website the information must be made readily available by other means.

For regulated parties undertaking Public Access Work, there are additional transparency rules which we cover in more detail in the "What are the additional transparency rules for Public Access work?" section below.

How should I update my website to meet the Transparency Rules?

BSB regulated parties must provide information about price, service and redress on all their websites (including any individual websites which barristers may operate separately to the chambers own website). The information provided must be easily accessible and prominent on the website, as well as kept accurate and up to date.

I don't have a website - do the Transparency Rules still apply to me?

Yes. If you do not have a website the information must be made readily available by other means, and provided to consumers upon request.

What are the Transparency Rules?

The rules require all self-employed barristers, chambers and BSB regulated entities to:

• • state that professional, licensed access and/or lay clients (as appropriate) may contact an individual barrister, chambers or BSB entity to obtain a quotation for legal services;
• • provide contact details;
• • state an individual barrister's, chambers' or BSB entity's most commonly used pricing models for legal services, such as fixed fee or hourly rate;
• • state the areas of practice in which an individual barrister, chambers or BSB entity most commonly provides legal services;
• • state and provide a description of the barrister's, chambers' or BSB entity's most commonly provided legal services;
• • provide information about the factors which might influence the timescales of the barrister's, chambers' or BSB entity's most commonly provided legal services;
• • display the appropriate "regulated by the Bar Standards Board "text on the homepage: for sole practitioners, "regulated by the Bar Standards Board", for chambers, "barristers regulated by the Bar Standards Board" and for BSB entities, "authorised and regulated by the Bar Standards Board";
• • display information about the complaints procedure, any right to complain to the Legal Ombudsman (LeO), how to complain to the LeO, and any time limits for making a complaint;
• • link to the decision data on the Legal Ombudsman's website; and
• • link to the Barristers' Register on the BSB website.

Please note: There are also additional transparency rules for those undertaking Public Access work which are covered in more detail in the "What are the additional transparency rules for Public Access work?" section below.

Has any guidance been issued to help us comply with the Transparency Rules?

Yes. The BSB has published guidance to aid compliance with the new Transparency Rules:

• • An overview of the guidance
• • A guide to the core transparency rules
• • A guide to the additional transparency rules (for those undertaking Public Access work)
• • Additional best practice (beyond the rules themselves)
• • Compliance Checklists (including information about supervision and enforcement)
• • Annexes, including examples of required transparency for certain Public Access services

What are the additional transparency rules for Public Access work?

There are further transparency rules for those undertaking Public Access work - including self-employed barristers undertaking Public Access work, and BSB entities supplying legal services directly to the public.

To meet the rules, anyone providing Public Access services in the circumstances set out within the BSB's price transparency policy statement must also state:

• • pricing model(s), such as fixed fee or hourly rate;
• • indicative fees and the circumstances in which they may vary;
• • whether fees include VAT (where applicable);;
• • likely additional costs, what they cover and either the cost or, if this can only be estimated, the typical range of costs; and
• • state and provide a description of the relevant Public Access services, including a concise statement of the key stages and an indicative timescale for the key stages.

Furthermore, any websites must also link to the Public Access Guidance for Lay Clients on the BSB's website.

Which Public Access services are covered by the rules?

The tables below detail the case types covered by the Transparency Rules.

For Small Businesses

Case Type
Employment tribunals
Licensing applications for business premises (new applications or varying existing licenses)
Personal Injury Claims

For Consumers

Case Type
Immigration appeals (First-tier Tribunal)
Motoring offences (summary only offences)
Employment tribunals
Inheritance Act Advices
Financial disputes arising out of divorce
Winding-up petitions

How can QuoteXpress help?

QuoteXpress can help your firm meet new transparency rules and guidance. The QuoteXpress Instant Quote Calculator can easily be added to your website and can and help your firm meet the requirements of the new rules. Start your free 30 day trial today.