A landmark independent review led by Baroness Harriet Harman KC has urged the legal profession to introduce a strict new rule classifying sexual relationships between pupil barristers and senior members of chambers, clerks, or staff with influence over their careers as serious professional misconduct.
The recommendation, published in the final report of the Independent Review of Bullying, Harassment and Sexual Harassment at the Bar, is part of a sweeping reform package aimed at tackling abuses of power across the profession.
Baroness Harman’s review singles out pupillage, the year-long stage of a barrister’s early career, as a particularly vulnerable period.
She warns that aspiring barristers face an inherent power imbalance during this time, given that chambers and senior figures often determine whether they are ultimately offered tenancy.
“Sexual relationships between pupils and members of chambers or clerks/staff with influence over their careers should be prohibited for the duration of pupillage,” the report states.
“This would make it serious misconduct for a barrister, clerk, or chambers’ employee to have a sexual relationship with a pupil, mini-pupil, or anyone undertaking work experience in that chambers.”
Current Safeguards ‘Not Enough’
At present, there is no formal regulatory ban on such relationships. While the Bar Standards Board guidance discourages them due to the risk of coercion and conflict of interest, the issue is largely left to chambers to handle at their own discretion. This patchwork approach, according to the review, has led to inconsistent enforcement and left too many pupils unprotected.
The proposed rule would bring regulatory clarity and create a more enforceable standard across the profession, a shift designed to prevent exploitation and protect those at the earliest stages of their legal careers.
Further Structural Reform Requested
The call for a formal prohibition is one of several headline recommendations from the report. Some others include:
- Mandatory training on bullying and harassment for all members, staff and pupils of the profession.
- Reforming the complaints process, including how reports are made, handled and resolved.
- Tougher sanctions to deter repeat offenders and remove them from the profession.
- Increased accountability in courtrooms, especially for judicial behaviour.
- Establishment of an independent Commissioner for Conduct, tasked with driving systemic change and ensuring standards are upheld.
The long-awaited report builds on years of mounting evidence, drawn from Bar Council and BSB surveys, as well as findings by bodies like the Legal Practice Management Association (LPMA) and the Institute of Barristers’ Clerks (IBC). These data sets have consistently pointed to an entrenched culture of bullying and harassment, with junior barristers, women, and ethnic minority practitioners bearing the brunt.
Notably, the review does not shy away from addressing the role of senior barristers and even judges in perpetuating or enabling misconduct.
Next Steps for Chambers and the Profession
Every chambers will now be under scrutiny to assess how their internal policies, leadership, and reporting mechanisms measure up against the review’s recommendations.
In support of this, we are developing a detailed compliance guide for chambers, breaking down each of the review’s recommendations and provide practical guidance on how to implement them effectively.
Keep an eye out for this in the coming days.
