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LAW BRIEFING: Barrister - the Basics

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LAW BRIEFING: Barrister - the Basics The Careers Service. LAW BRIEFING: Barrister - the basics * Also includes information on Solicitor Advocate* 1) Academic Stage You must have a qualifying UK law degree, ie, an undergraduate law or law/dual degree – check using: www.sra.org.uk/students/academic-stage.page. If your first degree is non-law, you will need to complete a conversion course (GDL/PGDipLaw/CPE) - check providers and fees at: www.lawcabs.ac.uk. For further information about conversion courses see ‘Law Briefing: Getting into Law as a non-law student’. During you studies, find vacation mini-pupillages in chambers. This type of job shadowing/work experience usually lasts no more than a week and is essential to help you understand the work of a barrister and assess if it really is the job for you. Some chambers require applicants to undertake a mini-pupillage at their chambers if they wish to be considered for full pupillage later on. For more help with work experience, see ‘Law Briefing: Work experience’. NB: Most chambers prefer second year applicants. Use your first year to get other forms of work experience, such as court visits. Consider work experience in solicitors firms (made via speculative applications) to reassure yourself that being a barrister is the right choice. Getting non-law experience like a student job, volunteering or involvement in sports, clubs and societies is a great way to develop a range of skills you would need to be a barrister – see ‘Law Briefing: Skills for Lawyers’ and ‘Law Briefing: Commercial Awareness’. Read the legal pages of the newspapers regularly. Attend law- related events organised by the Careers Service and the Law School. Explore alternative legal careers including ILEX and others - see ‘Law Briefing: Career Choices with law’. Join an Inn before starting your Bar Professional Training Course (BPTC). Inns of Court provide educational and collegiate activities, library facilities, support for barristers and student members (possibly inc. funding for the BPTC), advocacy training and other professional development opportunities. Links to the four Inns: www.innertemple.org.uk; www.middletemple.org.uk; www.lincolnsinn.org.uk; www.graysinn.org.uk. 2) Vocational Stage - Bar Professional Training Course (BPTC) Estimates indicate that only 1 in 5 of those who apply for the BPTC will ultimately secure a tenancy in chambers. Are you 100% committed to a career at the Bar? Can you cope with the competition and be persistent? Have you considered, and discounted, alternatives such as solicitor or solicitor advocate? (www.sahca.org.uk) The BPTC, which recently replaced the BVC, is a 1 year (min 30 weeks) full time or 2 years part-time course. Research and apply through BPTC Online: www.barprofessionaltraining.org.uk. The system opens at the beginning of November in the year before entry with first round applications closing early January. Fees currently vary from around £9500 - £14700 (FT) plus living costs and miscellaneous items (check if books are included in fees). Some funding is available through sponsorships by your Inn or chambers (for those with pupillage) but others have to self-fund. For more information, see ‘Law Briefing: Bar Professional Training Course’. You will need to undertake 12 Qualifying Sessions (‘Dinners’) with your Inn during the BPTC. Qualifying Sessions consist of educational and networking activities in the form of lectures, advocacy training, moots, debates and socials. After you have successfully completed the BPTC and undertaken 12 Qualifying Sessions, you’ll be “Called to the Bar”. This does not entitle you to practise as a barrister until you have undertaken pupillage and obtained a practising certificate. 3) Practical Stage - Pupillage Pupillage usually takes 12 months (2 x 6 months). The ‘First Six’ is spent shadowing an experienced barrister, the ‘Second six’ is fee earning. The vast majority of pupillages are in chambers with very few at the employed bar and all must be funded by providers: first six carries award of £5,000 minimum; second six guarantees a further £5,000. Around two thirds of providers recruit through the Pupillage Portal (www.pupillages.com), the rest use their own procedures. Apply a year ahead of your intended start date (April/ May deadline); 2 years ahead for a small number of chambers. The number of pupillages available annually is significantly less than the number finishing the BPTC so be prepared to re-apply after further work experience. For more information, see ‘Law Briefing: Training Contracts and Pupillages’. Upon successful completion of pupillage, you will need to gain tenancy - often with the same set although there’s no guarantee. Gaining permanent tenancy as a fully fee earning junior tenant after pupillage is very competitive so consider becoming a ‘squatter’ (a ‘third six’ temporary or probationary member). Useful links: • Recommended reading - ‘It’s Your Call’ available as a download from the Bar Council website: www.barcouncil.org.uk/CareersHome/ItsYourCall/ • Careers Service’s ‘What’s On’ events (includes talks on a range of law-related topics and the annual Sheffield Legal Fair): www.shef.ac.uk/careers/students/events • Careers Service’s ‘Careers in Law’ web pages: www.shef.ac.uk/careers/students/worktypes/law Law Talk Online to accompany this handout: www.careers.dept.shef.ac.uk/presentations/barrister/player.html An alternative career - Solicitor Advocate The role The role of solicitor advocate may prove a satisfying career alternative to that of barrister or, indeed, solicitor. Historically, solicitors in England and Wales have undertaken advocacy in the lower courts (tribunals, Coroner's Courts, Magistrates' Courts, County Courts), but were required to instruct barristers to represent their clients in the higher courts (Crown Court, High Court, Court of Appeal, Court of Session, Privy Council, and Supreme Court (formerly House of Lords). This has changed with the role solicitor advocate. Also referred to as Higher Court Advocates (HCAs), solicitor advocates in England and Wales are qualified solicitors who have extra rights to undertake court work in all courts, from magistrates court to Supreme Court. Currently, it is estimated that only around 4% of solicitors have higher rights, authorised for Crime, Civil or both. HCAs are more likely to be employed (unless they are a partner in their own firm) and, although initial pay may be better than that of a newly qualified barrister still trying to establish their name, in the long-run a barrister is likely to earn far more than a solicitor advocate. Solicitor advocates practice in different fields of law and are based in the regions as well as the cities. They work in a range of organisations and may be sole practitioners, based in high street firms, large commercial city firms or in chambers of advocates. In addition, there are solicitor advocates working in-house in industry, government departments and the Crown Prosecution Service as well as international practice. Instruction of solicitor advocates has become more prevalent as firms see the advantages of keeping work in-house without the need to instruct outside counsel, who may not know the client or case as well as those in-house; there are also cost advantages. For example, one large, international legal practice firm is considering making all solicitors in its litigation department HCAs. Solicitor advocates also tend to pick up a lot of criminal defence work in higher courts because solicitors are usually first to see the client in the police station and they then pick up the case in court, maintaining some form of professional relationship with the client. How is it viewed by the Bar? The Bar and Judiciary have been generally supportive of the growth of solicitor advocacy and welcomed the ethnic, gender and class diversity that this wider pool of advocates brings to the profession. However, in recent imes the Bar has found its work being reduced - partly as a result of Legal Aid cuts principally directed at solicitors' firms - and this has generally soured its approach. That said, the prejudice against solicitor advocates is declining as both HCAs and barristers find their ‘markets’ - HCAs tend to be dominating in criminal defence work whereas barristers still dominate public law such as tax and immigration. How to qualify Many existing HCAs are qualified solicitors who have years of advocacy practice behind them and enter the profession through accreditation / exemption and producing a portfolio of advocacy experience. The SRA changed the qualification process on 1 April 2010 and now, if solicitors wish to gain rights of audience for either civil or criminal proceedings (or both), they will need to complete separate assessments for each one. They will also be required to undertake advocacy-related CPD for five years after accreditation. There is no compulsory training requirement but advocacy training ahead of an assessment may improve chances of success. Trainee solicitors interested in pursuing a career in litigation may also undertake Higher Rights training in lieu of their PSC electives. Candidates who go on to successfully complete the assessment requirements can then apply for full Higher Rights accreditation once they qualify as a solicitor. Find out more: www.sahca.org.uk. Explore other alternative legal careers including ILEX and others - see ‘Law Briefing: Career Choices with law’. Suggested Timetable NOTE: this timetable is only a rough guide - use suggested resources in the handout for more details. 1st year Law (2nd year non-law) students: Get information & experience; work hard • Give yourself time to settle in as a new student and get involved in University life (see our Briefing sheet ‘First Year Students: Getting Involved’). Getting involved in clubs and societies (eg, acting, journalism and public speaking) not only helps you settle in, but also demonstrates your people-skills to chambers and law firms in future! • Once you’re settled, take time to familiarise yourself with the law related facilities and resources offered by the Careers Service and do some preliminary research: www.shef.ac.uk/careers/students/worktypes/law.
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