A career at the Commercial Bar “…a career like no other with opportunities like no other …”

2 A career at the Commercial Bar

What is the Commercial Bar? 5

Why should you choose a career 6 at the Commercial Bar?

Myths about the Commercial Bar 8

How to qualify as a at the 12 Commercial Bar

Useful websites 19

3 “…the front line of advocacy …”

4 What is the Commercial Bar?

he independent Bar is a in which commercial issues arise, specialist referral profession including public law, professional Toffering expert legal advice and negligence, intellectual property, advocacy. practising at media and entertainment law and the independent Bar are self- construction. Individuals may employed but (in most cases) group specialise in particular areas within together into sets of chambers for the broad field of commercial law, and the purpose of sharing premises and specialism tends to increase other overheads. with seniority.

As the law has become more complex, members of the Bar have ‘Commercial law is perhaps tended to specialise in particular areas and to form Specialist Bar best summed up as the law Associations (SBAs), of which COMBAR which applies to business is one. COMBAR now has over 1,200 members with 36 member sets of and financial disputes.’ chambers and individual members from 21 sets across London, Liverpool, Commercial barristers are usually Manchester, Birmingham, Bristol instructed by rather than and Devon. by a client directly; the services they provide fall into two main areas. First, The members of COMBAR practise and most importantly, a barrister commercial law, which is a broad is a specialist who will term encompassing a wide range of present the client’s case in . civil (as opposed to criminal) legal Historically, oral advocacy has been matters. Commercial law is perhaps the most important element of the best summed up as the law which presentation of cases but, particularly applies to business and financial in the field of commercial law, written disputes, and includes the law relating advocacy has become more and more to banking, insurance, sale of goods, important. Secondly, as an expert shipping, aviation, financial services in the area of commercial law he regulation, companies, insolvency or she will advise on particular and international arbitration and commercial legal issues (frequently, employment. Commercial barristers but not always, arising in the context may also deal with other areas of of disputes). 5 Why should you choose a career at the Commercial Bar?

ou are likely to spend most of your and well supported in their turn. life working. It is vital that you It is no coincidence that many of the Yenjoy whatever you do. As well important decisions in contract and as being potentially lucrative, a career tort law over the past 30 years have at the Commercial Bar is challenging been in commercial cases. These are and stimulating, and offers far more more likely to involve parties with the independence at an earlier stage than is resources to take cases to the higher available to most solicitors. and to pay for good quality legal representation to argue novel The Bar is a referral profession. As and complex points of law. Also, the a commercial barrister, you are sent enormous range of complicated factual the most difficult problems that your situations thrown up by commercial solicitors have already pondered before legal disputes means that there is often seeking counsel’s advice. You will a great variety in the work done by sometimes be asked to advise how cases commercial barristers; it is fair to say should be run by people much older and that other areas of legal practice (such more experienced than you. The most as crime, personal injury or family work) interesting problems often come to your are normally far less varied. Finally, desk, with a junior having put commercial work frequently involves all the relevant papers together for you advising and acting for foreign clients, to consider, which you will be able to do which can provide opportunities without the distractions of dealing with for travelling and working abroad lay clients or the administrative needs from time to time in a commercial of running a solicitors’ firm. It is a great barrister’s career. privilege to be in that referral position. The Bar is also the front line of advocacy. The quality of the work sent to There is no question that as a barrister commercial barristers is generally very you will have far more experience high. Commercial cases are more likely of advocacy than most solicitor to be well funded and prepared: the . Solicitors have had higher sums at stake are much more likely rights of audience for over ten years to justify every stone being turned. now and there is no suggestion that You are more likely to be provided with the independent Bar is under threat; well-ordered papers, proper instructions, it is still rare for a to and to have sufficient time to prepare. conduct a commercial trial or complex Your solicitors are likely to be thorough hearing. COMBAR is confident that 6 ‘Commercial cases are be unable properly to access the legal system. Most commercial cases will not more likely to be well attract public funding (Legal Aid). The Bar funded and prepared: the Pro Bono Unit is a charity which helps to find pro bono (free) legal assistance by sums at stake are much allocating deserving cases to its panel of more likely to justify every over 1,850 volunteer barristers (including over 240 QCs) from all over England and stone being turned.’ Wales. Barristers can also get involved in various other pro bono schemes and the specialisation, experience and projects nationally and internationally independence of the Commercial Bar (see www.probonouk.net). will continue to ensure that it remains the first port of call for advocacy in There are also an increasing number commercial cases. If you want to be an of opportunities for students to get advocate you should come to the Bar. involved in pro bono work whilst still at university. Projects range from Street For many barristers, self-employment Law programmes to volunteering at law is a huge plus. Not having a boss does centres. Students should get in touch not mean that barristers are less likely with the pro bono contact in their law to work hard. But it does give you a department for more information. In sense of control over when and in what addition, during the final year of a law circumstances you work. It is in many degree or whilst undertaking the CPE/ ways much more like university than PgDL and thereafter, trainee barristers other careers: you are given work to do, can obtain valuable advocacy experience and it is up to you to make sure that it and use their advocacy skills to assist is done. There is scope for taking long those cannot afford legal support holidays, but few successful barristers do through the Free Representation Unit not work at weekends from time to time. (FRU). FRU provides legal advice, case preparation and representation in tribunal Finally, but importantly, commercial mainly for social security and employment barristers can also volunteer their time law cases for those who could not and use their skills as advocates to otherwise afford legal assistance. All assist those in need of legal advice and FRU’s representatives are volunteers who representation but who cannot afford are trained by FRU and work under the to pay for it and who would otherwise supervision of its case workers. 7 myths about the Commercial Bar

here are a number of myths for that popularity is because of the split about the Bar which have been profession; London is one of the world’s Tcirculating for some time. leading arbitration venues. They should be treated with caution. Here are a few of them. Further, in 2010 London is going to have the biggest dedicated business First Myth: “There is no point court in the world. The new Business becoming a barrister because it is a Court will maintain and enhance the dying profession” UK’s world-class reputation as the first choice for business law and commercial The truth is that the Commercial Bar dispute resolution. For the first time the is in excellent health and the past 10 specialist jurisdictions of the High Court years have been its best ever. The dealing with business disputes will be introduction of solicitor advocates has brought together under one roof. The not led to a decline in the work coming new Business Court will incorporate to the Commercial Bar, and there is work carried out by the Chancery no reason to suggest that it will in Division, the Commercial Court and the the future. Figures published by the Technology and Construction Court. Commercial Court show a remarkable Within this framework, the Commercial consistency in the volume of new Bar offers tremendous value for money. work over the past 5 years. Clients Barristers’ overheads are very low, in commercial cases, which are often enabling junior barristers to make a high-value and complex, will continue good living at a fraction of the charge- to demand the best specialist advocacy out rate of support staff in firms both and advice. This is concentrated at the domestically and abroad. Specialisation Commercial Bar. helps both solicitors and the Bar bring business to London. About 80% of all cases in the Commercial Court involve at least one If one day in the future there is a party from outside England and Wales fused profession – which we have no and about half of the cases have no reason to think there will be – if you connection with England or Wales, qualify as a barrister you will have but the parties have chosen to use had years of valuable experience. English and judges to resolve A change in the structure of the their disputes. Even more foreigners professions will not reduce the arbitrate in England. Part of the reason demand for that experience. 8 Second Myth: “Barristers don’t make Third Myth: “Choosing to be a enough money” barrister is too risky”

While there is undoubtedly pressure on There is risk in choosing to come to the the earnings of the publicly funded Bar, Bar. But you need to assess those risks, you should bear in mind that commercial and the risks in other options, carefully. law is almost always privately funded. This means that commercial barristers The financial uncertainty in choosing charge the market price. The truth is the Commercial Bar as a career is not that most barristers at the Commercial as great as it may seem. There are two Bar earn a comfortable living and a years of Bar-specific training to get significant proportion do far better than through: the Bar Vocational Course that. Publications such as the Legal 500 (BVC) and . contain estimated figures for barristers’ earnings for those who are interested. BVC: For the BVC year, the four Inns of Court offer substantial scholarships. Barristers and solicitors have a Details are available from their different earnings curve. At points education and training departments. as a commercial barrister you may There are several hundred of these, be ahead or behind solicitors doing ranging from a few hundred pounds to commercial work. Typically, in recent up to £20,000. Nearly half of COMBAR years junior barristers have earned more chamber members operate schemes to than assistant solicitors; solicitors who let their future pupils draw down part are made partners are likely to have a of their pupillage award in advance dramatic increase in their earnings and during the BVC year. Funding may then be ahead; later on a handful of star also be available from the Bar Council commercial Queen’s Counsel probably Scholarship Trust in the form of outstrip most partners. interest free loans up to a maximum of £5,000; in some limited cases If you are going to be a commercial candidates may be able to obtain , it would be quite wrong to Local Authority Grants; in addition, choose which branch of the profession the support4learning website to go into on the basis of money. If (www.support4learning.org.uk) you are successful in either branch, you contains a large number of links to will live very comfortably. The other organisations offering grants, awards, differences are much more important. bursaries etc. 9 myths about the Commercial Bar continued

Pupillage: COMBAR sets offer around 100 chambers is a major selling point on annually, with a total funding a legal (and a non-legal) CV. Many of about £2.7m. The precise details barristers who have completed pupillage are available from COMBAR members’ find that they easily obtain jobs at websites, but the vast majority of these solicitors’ firms and in commerce either pupillages are funded in the sum of by retraining as a solicitor (normally between £30,000 and £40,000 p.a. The it is not necessary to do the LPC and largest awards made by COMBAR sets are the qualification can be transferred by up to £45,000 p.a. Half of that money is taking a single examination) or as an tax free. Some sets do not count earnings employed barrister. from the second six months of practice in that sum. Many sets also offer guarantees Fourth myth: “I wouldn’t fit in” as to earnings in the initial years of practice after pupillage. The work of the Commercial Bar is sufficiently difficult, and the prize of Tenancy is a major prize. It affords tenancy such a valuable one, that no a level of career security which is sensible set of chambers would do more comparable to that offered by anything other than attempt to choose a partnership than to being retained the best candidates. We need the widest as an assistant in a solicitors’ firm. Like range of applicants. It is only ability, and all major prizes the competition is not race, sex, school or social background intense. But this should not deter that we are interested in. the most able candidates who are committed to a career at the Commercial The Commercial Bar has a fine tradition Bar. Other organisations have their of being open to all, and fiercely own uncertainties: for example, on meritocratic. The statistics for those qualification and partnership. By coming into the profession as a whole this time many people have spouses, show encouraging trends; currently, 47% mortgages and children. The front- of all pupils are female, and 18% are from loading of uncertainty at the Bar is to ethnic minorities (a greater proportion many a plus, not a minus. than in society as a whole). Barristers are fiercely individualistic, and the If you don’t achieve a tenancy, you will personalities and attitudes of those who have invested two years and gained make up a set of chambers are frequently a valuable training in return. Having very different. No one should have any completed pupillage at a good set of reason to feel excluded. 10 Fifth myth: “If I want to do not immediately have personal advocacy I should just become a responsibility for all their cases solicitor advocate” nor appear that regularly in court. As well as through firms of solicitors, Given that the Bar is a referral barristers also increasingly receive profession, barristers and commercial instructions directly from legal barristers in particular develop specialist departments of large companies knowledge and experience both inside and institutions, local government and outside court, which can make bodies and foreign lawyers. a critical difference to the outcome of a particular case. As a commercial Sixth myth: “I don’t stand a chance barrister as opposed to a solicitor unless I’ve been to Oxford or advocate, a practitioner is more likely Cambridge” to develop this specialist knowledge and experience. More generally, a This is a common misconception of commercial barrister will have greater candidates applying to the commercial opportunity for advocacy at many bar. At the commercial bar the different levels of court. As set out individual achievement of candidates earlier in this brochure, after 10 years of is the basis upon which pupillage solicitor advocates having higher rights applications and ultimately career of audience, it is still rare for them to success depend, not the university conduct commercial trials or complex where qualifications were obtained. hearings. Written and oral advocacy is Intellectual ability is recognised at the heart of a commercial barrister’s wherever the candidate obtained a professional life, whether it be in court, degree or post-graduate qualifications. before arbitration panels, or in tribunals. Also of importance in a candidate’s From the outset of a commercial cv are the extra curricular activities barrister’s career, a practitioner is undertaken, whether they are given a large amount of responsibility, immediately referable to advocacy requiring both practical and academic skills (such as public speaking, intelligence and personal integrity. debating and mooting) or whether This makes the commercial bar an they are more general activities and exciting and rewarding career choice. achievements which enhance an Solicitor advocates are often part of individual’s interpersonal or leadership a much larger organisation and may skills and experience. 11 How to qualify as a barrister at the Commercial Bar

The Academic Stage

There are two main routes to obtaining the academic qualifications necessary to pursue a career as a commercial barrister. For those who want to take the direct route, the academic stage of their training is satisfied by completing a qualifying law degree. The principal alternative is to take a degree in another subject, followed by a ‘conversion To qualify as a barrister, you must course’ leading either to the Common complete three stages of training:- Professional Examination (CPE) or the Post Graduate Diploma in Law (PgDL) (from chambers’ point of view, 1 it makes no difference whether your The academic stage: obtaining an course is titled CPE or PgDL). A further undergraduate degree either in law alternative for non-law graduates is to or in another subject supplemented take a two-year full-time (three-year by a ‘conversion course’. part-time) Senior Status Law Degree.

Details of all of the institutions offering 2 qualifying law degrees, CPE/PgDL The vocational stage: basic training courses and Senior Status Law (provided by the Bar Vocational Degrees are available on the website Course) in the practical skills of the Bar Standards Board, necessary for practice as a barrister. together with application details (www.barstandardsboard.org.uk).

3 Whether you take an undergraduate Pupillage: twelve months of degree in law or in another subject, on-the-job training in a set of the Bar Council’s minimum academic chambers or another approved requirement is a 2ii UK Honours legal organisation. degree or its equivalent. In practice, at the Commercial Bar the academic threshold is higher: each member of 12 COMBAR has its own selection criteria If you intend to move straight on to but, as a general rule, they recruit the second and third stages of training from amongst candidates with first without a break, there are some or good upper second-class degrees. important steps to take before you Successful candidates often (but by complete the academic stage: no means always) have postgraduate qualifications, whether from UK z You should undertake some institutions or foreign universities. mini-pupillages in chambers you may wish to apply to for pupillage The academic stage of training ensures that aspiring barristers have z You must join one of the Inns a grounding in each of the seven of Court ‘foundation’ subjects identified by the Bar Council as compulsory areas of z You must apply for a place on the study for those entering the profession Bar Vocational Course (contract, tort, property law, equity and trusts, EU law, public law and z You should consider applying to your criminal law). Students on a law Inn for funding for your Bar conversion course pack these subjects Vocational Course into one intensive year’s study (full-time, or two years’ part-time), z You must apply for pupillage usually leaving only limited room for exploration into other areas of the With the exception of applications law. Law undergraduates, on the other for mini-pupillage in some chambers, hand, have the time – and are usually deadlines apply to each of these steps. required – to range further. This does You will need to familiarise yourself not mean that non-law graduates will with these deadlines – some fall early be regarded by chambers as second- in the final year of academic study. As class candidates when the time comes a rule of thumb, you must apply for a to apply for pupillage. Experience place on the Bar Vocational Course one tells us time and again that ability and year before you wish to start the course, rigour developed in other academic you must apply to join an Inn no later disciplines transfer very successfully to than six months before you start the Bar the Commercial Bar and we welcome Vocational Course, and you must apply for pupillage applications from law and pupillage one and half years before the non-law graduates alike. pupillage starts. 13 How to qualify as a barrister at the Commercial Bar continued

The Vocational Stage You will also study two option subjects (from a choice of six or more subjects Once you have successfully completed which vary from course provider to your academic studies and have been course provider). Teaching and forms admitted to one of the Inns of Court, the of assessment are tailored to meet the next stage of training is the vocational nature of the subjects. For example, stage. This takes the form of the Bar the oral skills are often taught in Vocational Course (BVC). Full-time workshops and evaluated using videoed students complete the BVC in one performances of practical exercises; academic year; the part-time course procedural knowledge is usually taught runs for two years. in lectures and assessed using multiple- choice tests. ‘The focus is on case The Bar Council has validated ten BVC preparation, procedural providers across England and Wales to knowledge and written run the BVC. Their contact details (for prospectus and fee information) and and oral skills.’ details of the timetable for applications are available on the Bar Standards Board The purpose of the BVC is to give website. Applications must be made prospective barristers a good through the Bar Council’s internet- grounding in the practical skills and based central applications system, knowledge necessary to take them BVCOnline (www.bvconline.co.uk). There through pupillage and the early is significant competition for places on months of practice. The focus is on case the BVC (Bar Council figures for the year preparation, procedural knowledge and 2004/2005 show that approximately written and oral skills. 2,880 candidates applied with only about 1,690 enrolling) – it is therefore The principal skills taught are legal important to ensure that you submit research and case preparation, opinion your application in time to be considered writing, drafting of various documents, in the first round of applications. conference skills, negotiation and advocacy. The main areas of knowledge In 2007, the cost of the full-time BVC taught are civil litigation and remedies, course ranged from £8,500 to £12,770 criminal litigation and sentencing, depending on the institution. Each evidence, and professional ethics. of the Inns offers a certain number of 14 scholarships and awards covering part Typically, pupils will spend their time or all of this fee (see Joining an Inn). In with a number of different pupil addition, a number of COMBAR member supervisors in the course of the year to sets allow students to whom they have expose them to a variety of chambers’ given pupillage to draw down part of work: it is not unusual for pupils to their pupillage award during the BVC change supervisor every three months, year. Please visit the websites of the though in some chambers there are individual members of COMBAR for more frequent rotations and, in others, further information. less frequent. During the course of their pupillages, pupils will be expected Pupillage to complete the Bar Council pupillage checklist used by their chambers (in z What is pupillage? many COMBAR chambers, this will be the Commercial Pupillage checklist). Pupillage is the final stage of training for the Bar. It consists of twelve months’ ‘The work of pupils is varied practical, on-the-job training under the supervision of experienced barristers and challenging. They (referred to as pupil supervisors). Upon are expected to produce successful completion of the year, pupils are awarded a full practising certificate pleadings and opinions in by the Bar Council and are eligible to their pupil supervisor’s cases practise as a tenant in a set of chambers. as if they were themselves The structure and content of pupillage instructed by the client. ‘ varies from chambers to chambers and we are only able to give a general The work of pupils is varied and picture here – we encourage you to challenging. They are expected to visit the websites of the individual produce pleadings and opinions in members of COMBAR for more detailed their pupil supervisor’s cases as if they information. See the COMBAR website were themselves instructed by the www.combar.com for contact details. client. They attend conferences with clients, and usually accompany their The purpose of pupillage is to give pupils pupil supervisor to court hearings, a broad but thorough training in the arbitrations and mediations. They learn types of work done by their chambers. by direct experience how to prepare for 15 How to qualify as a barrister at the Commercial Bar continued

hearings and to do the necessary legal in the Pupillages and Awards Handbook research. They are not usually expected published in March each year and to undertake extensive photocopying available from the Bar Council; on the or other administrative tasks – an Bar Council’s designated website (www. advantage they enjoy over most pupillages.com); and in the various trainee solicitors. student directories published by, for example, Chambers and Partners Methods of assessment vary (Student Guide to the Legal Profession) considerably from chambers to and GTI (Target Law). chambers, but continual assessment in one form or another is undoubtedly As you identify the pupillages you a part of every pupillage at the intend to apply for, you must check Commercial Bar. Pupils should expect whether the pupillage provider is their pupil supervisor to review and a member of OLPAS or not (not all discuss their work with them on a members of COMBAR are). OLPAS is regular basis. It is likely that they will an on-line system for administering also be asked to do work for other, pupillage applications. During the often senior, members of chambers OLPAS recruitment seasons (which who will evaluate the product and run from March to October), the report back to chambers. In some OLPAS website (www.pupillages.com) chambers, regular assessed exercises contains details of all pupillages are also set for pupils. currently offered by any set of chambers which participates in the system. This culminates in the tenancy decision, It enables pupillage applicants to commonly made between eight and ten search for suitable pupillages on- months into pupillage, when chambers line, and it incorporates an on-line tell their pupils whether or not they will application form which applicants be offered a tenancy in chambers. must use to apply for pupillages offered by OLPAS members. Once an z How to apply for pupillage application form has been submitted, applicants and chambers are able to COMBAR sets offer a total of about 100 communicate using on-line messages. pupillages annually. Details of these pupillages can be found in a variety The OLPAS system is split into two of sources: on the websites of the seasons: Summer and Autumn. individual members of COMBAR; Applicants are allowed to make up to 16 12 applications for pupillage through their recruitment process, and a few now OLPAS in each season. Many COMBAR require prospective pupils to undertake members only participate in the an assessed mini-pupillage before they Summer season, so you will need to can be considered for pupillage. make sure that you do not miss the applications deadline: the Summer season opens in March, applications ‘For the prospective pupil, close at the end of April and chambers announce their recruitment decisions to mini-pupillages offer an applicants at the start of August. invaluable insight into life

Details of the recruitment procedures at the Commercial Bar and and timetables adopted by those – just as important – into COMBAR members who do not participate in the OLPAS system can be the work and culture of found on their individual websites, in individual sets of chambers the Pupillages and Awards Handbook, and on the Bar Council’s designated within the commercial field.’ website (www.pupillages.com). There is no restriction on the number of non- For the prospective pupil, mini- OLPAS sets you are entitled to apply to. pupillages offer an invaluable insight into life at the Commercial Bar and – z Mini-pupillage just as important – into the work and culture of individual sets of chambers A mini-pupillage is a short period of within the commercial field. During work experience in a set of chambers. a mini-pupillage you will meet members It may last for anything from 2 days to of chambers, you will probably have 1 week, depending on the chambers. the opportunity to speak to current From chambers’ point of view, mini- and recent pupils about their pupillages can provide an opportunity experiences as trainee barristers, and to gauge the abilities of prospective you will be given a taste of the work pupillage applicants over a longer done in those chambers. period than is possible in a formal pupillage interview. As a result, some Given their importance to the sets of commercial chambers regard recruitment process at the Commercial mini-pupillages as an important part of Bar, you should give careful thought 17 How to qualify as a barrister at the Commercial Bar continued

to the chambers you apply to for with a practising barrister who acts as mini-pupillage. You will find more a mentor), marshalling (where students information about mini-pupillages on spend a few days sitting with a judge the websites of the individual members in court), mooting competitions and of COMBAR. advocacy training. In terms of facilities, each has a law library, common rooms, z Joining an Inn a bar, a dining hall (dining survives as a minor aspect of qualification for the Every student must join one of the Inns Bar – students are expecting to dine on of Court before starting the vocational twelve occasions in order to be called to stage of his or her training. There the Bar) and attractive grounds. are four Inns: Inner Temple, Middle Temple, Lincoln’s Inn and Gray’s Inn. ‘Between them the Inns Historically, they provided training and accommodation to barristers. provide approximately £3.3 Today, many of their educational million in scholarships.’ functions have passed to Bar Vocational Course providers. However, they Your choice of Inn has no influence remain influential societies within on the area of law you practise in the profession and they continue to subsequently, nor on the chambers you provide facilities, funding, advice and can apply to for pupillage. For some, support to student members. They also the choice turns on a comparison of the retain the power to call students to the Inns’ respective facilities or ambiance, Bar entitling them to call themselves but for many the determining factor is ‘barrister’ and, following completion of the scholarships and awards available twelve months’ pupillage, to exercise at the different Inns for the various rights of audience in the higher courts stages of training. Between them of England and Wales. the Inns provide approximately £3.3 million in scholarships. According to Each of the Inns has an education a recent survey 36% of BVC students department offering advice to its have a scholarship from one of the Inns student members about all aspects of Court. Each of the Inns produces of training as a barrister. The Inns also a guide to its own scholarships and provide a number of useful career- awards and we recommend that related services including sponsorship you consider these carefully before schemes (where a student is paired choosing which Inn to join. 18 Useful websites

www.combar.com (this website contains links to the websites of all chambers members of COMBAR) www.graysinn.info www.innertemple.org.uk www.lincolnsinn.org.uk www.middletemple.org.uk www.barcouncil.org.uk www.barstandardsboard.org.uk www.pupillages.com www.targetcareers.co.uk/law www.lawcareers.net www.support4learning.org.uk www.barprobono.org.uk www.freerepresentationunit.org.uk

19 The Commercial (COMBAR) 3 Verulam Buildings, Gray’s Inn, London WC1R 5NT Tel: 020 7404 2022 Fax: 020 7404 2088 email: [email protected] www.combar.com

Text and photographs © The Commercial Bar Association 2007