University: Swansea University
Degree: Mechanical engineering
Year of call: 2022
Position: Junior barrister
Pronouns: He/him
Why barrister not solicitor?
During my undergraduate degree, I joined the university debating society. Twice a week the society would hold formal ‘British parliamentary’ debates. This is where you’d be assigned to argue either for or against a motion, regardless of your actual view on it. We’d be given just 15 minutes to prepare five-minute speeches on the motion. I really enjoyed the public speaking element and the challenge of having to produce a compelling argument in such a short period of time. I also really enjoyed the challenge of listening to my opponent’s arguments and trying to deconstruct them. My enjoyment in debating made me consider what careers would offer me public speaking opportunities. The Bar was the most obvious route as it provided more advocacy opportunities than being a solicitor.
How did you decide which chambers to apply to?
Choosing which chambers to apply to is somewhat like choosing a university. When applying to university, it was important to decide what course you wanted to do. Before picking which chambers to apply to, you should carefully consider what areas of law you want to practise. This will narrow down the wide selection of chambers. I had interest in personal injury and employment law, as they offered a good mix of court room advocacy and paperwork, and the work holds a lot of significance to the individuals involved. Therefore, I focused my applications on chambers that specialised in those areas. Old Square Chambers is highly regarded for both areas and that’s why I chose to apply.
How much work experience had you had? Why is it so important?
When I applied for pupillage, I was working as a paralegal in clinical negligence and inquests and had been for over a year. In my view, this work experience was key to me securing pupillage. It allowed me to clearly explain and evidence the areas of law I was interested in and why. As a paralegal, I frequently instructed counsel, attended conferences and court with them. This again allowed me to clearly explain and evidence why I’d prefer to be a barrister than a solicitor and that I understood the realities of life at the Bar.
What was the biggest obstacle you faced prior to starting pupillage?
Prior to pupillage, I hadn’t studied employment law or had any practical experience of it. As a Postgraduate Diploma in Law student, I didn’t have the opportunity to undertake an employment law module and my practical law experience was focused on clinical negligence. I knew as a pupil at Old Square Chambers I’d be undertaking a lot of employment-based work. Employment (in particular discrimination) law is very ‘law heavy’, with a big mix of domestic and EU legislation, as well as case law. It’s an area of law where a single factual allegation can cover a variety of causes of action and detailed legal analysis is key. I knew that going into pupillage without a basic understanding of employment law would really hinder me, so I spent the months prior to pupillage self-studying the basics of employment and discrimination law. This made it much easier to hit the ground running in my first seat.
Please discuss a specific case that you were involved with, outlining your role in the matter.
While I was with my second pupil supervisor (my second of four three month seats), I was tasked with drafting a skeleton argument for an appeal he was instructed in in the employment appeal tribunal. The case considered a number of key principles in unfair dismissal claims, in particular the extent to which an employer had to make clear to an employee that certain conduct was prohibited and would lead to dismissal, and whether the failure to make that clear could render a dismissal for that conduct unfair. I remember spending a considerable amount of time researching the issues, including reading whole chapters in lots of different practitioner texts! I was very pleased to see that large parts of my draft skeleton made my supervisors final version. At the hearing, I was also able to assist my supervisor with some further research over the lunch break in response to some unexpected questions from the judge. My supervisor succeeded in the appeal and even went on to have the decision upheld in the court of appeal.
Please outline your area of expertise. What might you do in a typical day?
My current practice is fairly broad, covering employment and discrimination law, personal injury and clinical negligence, and also inquests. I wouldn’t say I have a typical day or even week, but common work includes drafting pleadings in employment, personal injury and clinical negligence cases, and drafting advices on liability and quantum for those areas of law. I also frequently attend various hearings, including interlocutory hearings and trials.
What do you most enjoy about your career as a barrister and why?
Most barristers are self-employed. While this poses some difficulty in the early years with cash flow and admin, it gives you a level of flexibility that you simply don’t have in an employed role. You’re able to take time off as and when you need without getting a manager’s approval and when cases settle and drop out of your diary you’re able to take advantage of the down time. The self-employed Bar offers a degree of autonomy that’s rarely available in other professions.
What advice do you have for budding barristers who are contemplating a career in law?
Securing pupillage is a very difficult and demanding task (although by no means impossible). Before considering the conversion course, or paying out for the Bar course, you should make sure that you’re committed to pursuing a career in law and/or the Bar. The only way you can realistically do this is to undertake as much work experience in the area as you can. If you’re struggling to secure work experience, consider what you can do yourself, such as attending public hearings in court or volunteering at law centres.
What is the work/life balance like at your chambers? How often do you have late nights/work at weekends?
In my experience, this is very much dependant on individual preference. If you want to work late nights and weekends consistently in order to earn more money and build your practice quickly then the clerks certainly have enough work for you. However, if you’re minded to restrict your hours of working and keep your weekends free then this is also an option. My first pupil supervisor managed to balance being a priest alongside having a very busy practice. Of course, there’ll be times when you may have to work late in the evenings as papers have come in late or work weekends because you start a big trial on the Monday, but you can always ensure you book some time off after that big trial finishes!
What’s the biggest/most important lesson you’ve learnt since being called to the Bar?
A central aspect of a barrister’s role is their judgement, whether it be advising on prospects in a potential claim, or deciding how best to approach submissions or cross-examination. The approach you take can have dramatic consequences to the outcomes for your clients. Judgement inevitably draws on experience and junior members of the Bar of course have limited experience! This can make giving your opinions and legal advice a daunting task, and it can be tempting to want to sit on the fence and avoid putting your neck on the line. However, this rarely assists your instructing solicitors or clients as they have come to you for clear and practical advice. Therefore, I’ve learnt that it’s important to trust your own judgement. If you read the papers carefully, research the issues thoroughly and trust your own judgement, then logical conclusions often flow from this and it enables you to give the clear and practical advice your clients want.
What’s your favourite TV show?
Who doesn’t love The Simpsons!
