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Media

Media and entertainment barristers have clients in a variety of industry sectors, including theatre, film, music, publishing, broadcasting, sport and advertising They advise and represent clients in court and before other tribunals on matters that might include contract disputes, privacy and confidentiality, advertising standards, sponsorship, authorship and restraint of trade. Contract and IP law are often at the heart of disputes.

After completing his pupillage at 8 New Square, the largest IP specialist chambers in the United Kingdom, Jonathan Hill was delighted to be kept on as a tenant. He enjoys his work as a qualified barrister far more than work as a pupil, as he is free to run his own caseload. "In this sort of chambers, as a pupil you don't get to do much work of your own - I would mostly be replicating what my pupil master was doing and occasionally helping. Now that I've been in practice for quite a while, things have moved on - I'm getting bigger cases, more difficult questions posed and more responsibility."

The skill set that media law demands is not dissimilar to that required for general commercial law. Perhaps surprisingly, firstclass writing skills come as high up the list as fluent oral communication: "You do need to be able to put together oral arguments, but it's just as important to be able to handle the written side of making submissions - much of the litigation is done with skeleton arguments before you even get to court. Generally speaking, I don't think there's as much of a necessity for rapier-like crossexamination, because that's not something which arises that often. Of course, when it does occur, you need to be able to handle it - but the general balance of work is slightly away from the court performance requirements of, say, being a criminal barrister." And although the bulk of Jonathan's work is litigation, because so much rests on written pleadings he spends less time in court than he does in front of the judge. "My court appearances are intermittent," he says. "I'm probably in court once a fortnight; sometimes I'll have a run of court days and at other times there will be small procedural applications to be dealt with. When I'm not in court, I'll be in chambers drafting opinions and pleadings, advising people on the phone and reviewing evidence - but mostly I'll be gearing up to court hearings."

Jonathan's caseload is diverse. He recently acted for Nintendo, helping it to clamp down on importers and sellers of devices used to play unauthorised copies of Nintendo DS games. Summary judgment was obtained from the Chancery Division, setting a precedent for Nintendo to use around the country in future. He is currently representing a Greek DVD distribution company in a battle with Paramount Pictures triggered by the economic turmoil in Greece. The case raises jurisdictional issues under the EU Judgments Regulation as to whether the Greek or English courts should hear the dispute. He is also acting for record label Relentless in a dispute with Coca-Cola, which makes an energy drink called 'Relentless', over Coca- Cola's use of that name in the context of music festivals and other events.

Career highlights include a big-name case which took Jonathan to the European Court of Justice. "It was really exciting to go over there and make submissions," he enthuses. "It was a pro bono case for Elizabeth Emanuel, who designed Princess Diana's wedding dress. Despite being a well-known wedding dress designer, she ended up losing control of the trademark she had registered for her own name - it was our task to try to wrest it back." Although he lost that suit for policy reasons, he enjoyed a particularly satisfying victory recently in another case: "We were very much on the back foot, but then we got a summary judgment against the other side which resulted in confidential, but substantial, payments."

The glamorous, high-profile nature of this work appeals to many budding lawyers, so competition is intense. But if you're set on media, it's important to consider your best access strategy: "There are people who do media law from the IP angle, as I do, and then there are people who have gone in from the commercial/defamation end," Jonathan explains. "If you go in from the former, although a science background is not required, the top chambers want to see that you are comfortable with scientific concepts, because they will be taking on people who could go down the pure IP route. Consequently, people going via the IP route could have a high-level scientific qualification, but equally could demonstrate some kind of technical experience - for example, in computers. From the commercial/defamation end, it's more a case of having the academic firepower to get your foot in the door." And if you do plan to break into the area from this end, a previous career in business could be helpful - provided that you have done well in the industry and have a good reason for wanting to leave it.

Wannabe barristers are having a hard time securing pupillage in the current climate and this is something that Jonathan is anxious not to gloss over when offering career advice. "It's a tough business at the moment," he warns. "I think people have to be realistic about their chances. Generally speaking, I don't think as many pupillages are being handed out and this allows chambers to operate strict selection criteria. As many people as ever are doing the BPTC. The critical thing is to ensure that you come near the top of the results or acquire a unique selling point - for example, from doing pro bono work or the like - which you can use to show that you've got what it takes to be a barrister." Jonathan recommends trying to get involved with organisations such as the Free Representation Unit (FRU), which can land you some invaluable advocacy experience. "Working with FRU, you can end up appearing before the Employment Tribunal - that looks good on your CV and helps to give you a good view of what the career is all about."