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A Career at the Commercial Bar “…A Career Like No Other with Opportunities Like No Other …”

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A Career at the Commercial Bar “…A Career Like No Other with Opportunities Like No Other …” 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 barrister 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 law in which commercial issues arise, specialist referral profession including public law, professional Toffering expert legal advice and negligence, intellectual property, advocacy. Barristers 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 solicitors 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 advocate who will term encompassing a wide range of present the client’s case in court. 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. courts 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 solicitor 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 advocates. 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 solicitor advocate 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.
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