Chambers: a view from within
updated on 16 March 2010
What was your path to law? Why did you want to become a barrister?
Unlike most of my friends at school, who were either maths boffins or artistic types, I didn't find myself to be better at arts than sciences or the other way round. I ended up doing English, German, maths and physics at A Level, so where do you go with those? The law struck me as being a subject somewhere in between. Add to that the fact that I love performing, both as a singer and on the stage, and the Bar seemed a natural choice. So I applied for law degrees and after a gap year followed the shortest path to the Bar.
What was your experience of pupillage?
Far from straightforward. I thought myself very lucky to have got a first six pupillage at a top commercial chancery set with a fairly decent award on my first interview (outside OLPAS). But then finding a second six through OLPAS while at Bar school was much harder - there weren't many of them around. Eventually I found one at a traditional chancery set, which was just as well, as it turned out that I was one of five pupils at my first set and not kept on. Unfortunately, by the time I got there, they had just taken on a tenant and had no space for another one. I suppose this is the trouble with selecting pupils so far ahead of time - you never know what the situation at the set is going to be by the time you start. So I did a third six, entirely unpaid, at a mixed chancery and intellectual property set, and - third time lucky - got taken on there, where I was very happy for six years.
What is the YBC all about?
We are part of the Bar Council and represent the interests of all barristers in their first 10 years of practice. We make sure we have people from all practice areas, all circuits, different sectors of the employed Bar and at different stages in their careers, so that all the various perspectives are given a voice. We are always consulted by the other Bar Council committees and by the Bar Standards Board (BSB), as well as by the Legal Services Commission and other bodies. We also try to take the initiative by identifying problems facing young barristers as they arise and making sure they get addressed. Because we represent the most recent entrants to the profession, our views are particularly sought after when considering questions about training and entry to the Bar, such as the recent review of the BVC (now known as the BPTC), in which we played a significant role.
We're also involved with the current pupillage review, which started at the end of 2008 and is being run by Derek Wood QC. It's looking at assessment during pupillage and whether it should be more rigorous; the processes by which pupils are recruited and whether pupillages ought to continue to be funded to a minimum level or whether that should go up. We're also looking at pupillage training organisations in the employed Bar. Our view is that we need to simplify and de-bureaucratise the procedures, as some companies that would consider offering pupillages may be put off by the administrative hurdles.
So hopefully the YBC is helping all young barristers and pupils, but it can try to help anyone who encounters a problem and gets in touch with us, whether by us raising the point ourselves, by providing information or by directing the enquiry to the relevant contact.
What are the big issues for young barristers at the moment?
Economic climate
The economic climate is an issue principally because it makes any argument with the government about legal aid cuts even harder to win. The government is very quickly going to find that unless it dramatically rethink the amounts its prepared to pay publicly funded lawyers, there just aren't going to be any individuals left doing this sort of work and miscarriages of justice will result.
I think individuals and companies are trying not to spend money on lawyers unless they have to, but my impression is that there is no decrease in the volume of litigation around and obviously no decline in crime or family problems.
Oversubscribed BPTC
This is clearly an issue for aspiring barristers, but I am confident that the recent review will help with this. The introduction of an aptitude test on entry means that fewer people will get on the course who have little chance of getting pupillage and this will improve the chances of getting one for the rest. It should also improve the quality of the experience for students which, combined with a higher pass mark, ought to improve the credibility of the course in the eyes of chambers and employers, and improve the quality of the experience for the students. So even for those who don't get pupillage, their time and money will not be entirely wasted.
Access to the profession
The main problem is with student debt and the cost of becoming a barrister. It was tough for me, and I was lucky enough to get a funded pupillage and an Inn scholarship, and to have parents who could help out a bit financially. Making the BVC more flexible to allow for part-time study to be combined with work and increasing the number of employers giving pupillage are the best ways to improve access, in my view.
Supervision
The way pupillage will be supervised is being reviewed at the moment, and we are in the process of introducing mentoring for pupils, in line with Lord Neuberger's recommendation in his 2007 report.
Legal Services Act
The other big issue just now is legal disciplinary practices (LPDs), provided for under the act. There are a number of big questions surrounding this issue - for example, what would happen if lots of chambers became partnerships, with the silks and senior barristers employing the juniors? Would people still want to be barristers if they can't be their own boss from the beginning?
We have conducted a survey to find out and it has been annexed to the Bar Council's response to the BSB's consultation paper. The survey showed that the majority of respondents (although not a huge sample) would have been put off becoming barristers if there were going to become an employee in a mixed firm. One of the big attractions of the Bar is the ability to be your own boss. If lots of barristers go down the LDP route, it may depress the quality of the self-employed Bar and it becomes a less attractive option.
How can students get involved with the YBC? Why should they?
We run a conference every year in October to discuss issues affecting the young Bar. It's mainly aimed at new tenants and pupils, but BPTC students are welcome too! Although only practising barristers are on the YBC, we are keen to hear about what is happening to people on their way to the Bar, so that we stay up to date. You can also get involved in your specialist Bar association (eg, Criminal Bar Association), circuit or Inn so that you keep up to speed with what's going on in the profession.
What should students be doing to help themselves when it comes to securing a pupillage?
Make sure you really know what area of law you want to be in, and why, so that you can impress chambers with your commitment to their area of practice both in interview and on your CV. Ask yourself what you can do to give your CV something to stand out from the crowd.
What mistakes did you make (or hear about) that you'd advise against?
I remember in one pupillage interview I started talking about my philosophy module that I'd done as part of my law degree. But having said how much I admired Kant, I realised I couldn't remember the first thing about him!
Other mistakes I've witnessed: being rude to the clerks (obviously); failing to proofread application letters (I once saw a letter addressed to my chambers that then went on about how much the writer wanted pupillage in the set two doors down); and failing to keep abreast of current affairs during the interview season. And it would also be a mistake to advertise your availability for pupillage - chambers have to go through the proper procedures in any event.
Do you have any final advice on how to make it as a young barrister?
A thick skin and a quick wit will help! Take any work going, and always put in that little bit extra for your solicitors - they will appreciate it.
Alexander Learmonth was chairman of the YBC for 2009. Called in October 2000, he is a chancery practitioner at New Square Chambers in London.
