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A CAREER at the COMMERCIAL BAR “…A Career Like No Other a CAREER at the with Opportunities Like COMMERCIAL BAR No Other …”

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A CAREER at the COMMERCIAL BAR “…A Career Like No Other a CAREER at the with Opportunities Like COMMERCIAL BAR No Other …” A CAREER AT THE COMMERCIAL BAR “…a career like no other A CAREER AT THE with opportunities like COMMERCIAL BAR no other …” Introduction 4 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 2 3 INTRODUCTION WHAT IS THE COMMERCIAL BAR? Choosing a career can be daunting at the best of times. Most people will have a good idea of what a job as a doctor, teacher or engineer will involve, he independent Bar is a may also deal with other areas of but perhaps less of a feel for what specialist referral profession law in which commercial issues arise, barristers do. This brief guide to the Toffering expert legal advice including public law, professional Commercial Bar aims to help those and advocacy. Barristers practising negligence, intellectual property, who are thinking about their future at the independent Bar are self- media and entertainment law, energy vocation by explaining a little about the employed but (in most cases) group and construction. Individuals and Commercial Bar and the path that together into sets of chambers for chambers may specialise in particular is involved in pursuing a career in it. the purpose of sharing premises and areas within the broad field of other overheads. commercial law, and specialism tends The role of a barrister is an exciting one. to increase with seniority. A barrister is a specialist lawyer who is As the law has become more referred complex legal disputes by a complex, members of the Bar have ‘Commercial law is perhaps solicitor and, often, will be responsible tended to specialise in particular for presenting arguments concerning areas and to form Specialist Bar best summed up as the law that dispute in court, before a judge. Associations (SBAs), of which COMBAR which applies to business A commercial barrister is one who is one. COMBAR now has over 1,500 specialises in legal issues in the broad members with 38 member sets of and financial disputes.’ field of business and finance. The facts chambers and individual members of commercial cases can often be more from 23 sets across Bristol, Leeds, Commercial barristers are usually exciting than people might imagine; for London, Liverpool and Manchester. instructed by solicitors rather than example, as a junior barrister you might We also have in-house barrister by a client directly; the services find yourself dealing with a contractual members at city law firms. they provide fall into two main dispute between a player and a football areas. First, and most importantly, club or the emergency freezing of the The members of COMBAR practise a barrister is a specialist advocate assets of a Russian oligarch. commercial law, which is a broad who will present the client’s case term encompassing a wide range of in court or before other tribunals. The Commercial Bar has a proud civil (as opposed to criminal) legal Historically, oral advocacy has been tradition stretching back hundreds of matters. Commercial law is perhaps the most important element of the years and a strong future. We hope this best summed up as the law which presentation of cases but, particularly guide will inspire you to consider it applies to business and financial in the field of commercial law, written as a career. disputes, and includes the law relating advocacy has become more and more to banking, insurance, sale of goods, important. Secondly, as an expert in shipping, aviation, financial services the area of commercial law, he or she regulation, companies, insolvency will advise on particular commercial and international arbitration and legal issues (frequently, but not always, “…the front line of advocacy” employment. Commercial barristers arising in the context of disputes). 4 5 WHY SHOULD YOU CHOOSE A CAREER AT THE COMMERCIAL BAR? ou are likely to spend a significant have sufficient time to prepare. Your ‘Commercial cases are Finally, but importantly, commercial amount of your life working. It is solicitors are likely to be thorough more likely to be well barristers can also volunteer their time Yvital that you enjoy whatever you and well supported in their turn. It and use their skills as advocates to do. As well as being potentially lucrative, is no coincidence that many of the funded and prepared: assist those in need of legal advice and a career at the Commercial Bar is important decisions in contract and representation but who cannot afford challenging and stimulating, and offers tort law over the past 40 years have the sums at stake are to pay for it and who would otherwise far more independence at an earlier been in commercial cases. These are much more likely to be unable properly to access the legal career stage than is available to most more likely to involve parties with the system. Commercial cases will not solicitors or other employed lawyers. resources to take cases to the higher justify every stone usually attract public funding (Legal courts and to pay for good quality being turned.’ Aid). The Bar Pro Bono Unit is a charity The Bar is a referral profession. As a legal representation to argue novel which helps to find pro bono (free) legal commercial barrister, you are sent and complex points of law. Also, the assistance by allocating deserving cases the most difficult problems that your enormous range of complicated factual advocate to conduct a commercial to its panel of over 2,000 volunteer instructing solicitors or in-house lawyers situations thrown up by commercial trial or complex hearing. COMBAR barristers (including over 250 QCs) from have already pondered before seeking legal disputes means that there is often is confident that the specialisation, all over England and Wales. Barristers counsel’s advice. You will sometimes a great variety in the work done by experience and independence of can also get involved in various other be asked by people much older and commercial barristers; it is fair to say the Commercial Bar will mean that pro bono schemes and projects more experienced than you to advise that other areas of legal practice (such it remains the first port of call for nationally and internationally and on how cases should be run. The most as crime, personal injury or family work) advocacy in commercial cases. If you members of COMBAR are also involved interesting problems often come to are normally far less varied. Finally, want to be an advocate you should in several social mobility schemes such your desk, with a junior solicitor having commercial work frequently involves come to the Bar. as the Social Mobility Foundation and assembled all the relevant papers for advising and acting for foreign clients, the Pegasus Access Scheme. you to consider in relative tranquillity which can provide opportunities for For many barristers, self-employment without the distractions of dealing with travelling and working abroad is a huge plus. Not having a boss lay clients or the administrative needs from time to time in a commercial does not mean that barristers are less ‘For many barristers, self- of running a solicitors’ firm. It is a great barrister’s career. likely to work hard. But it does give privilege to be in that referral position. you a sense of control over when employment is a huge plus. The Bar is also the front line of advocacy. and in what circumstances you work. Not having a boss does not The quality of work sent to commercial There is no question that as a barrister It is in many ways much more like barristers is generally very high. you will have far more opportunity university than other careers: you are mean that barristers are less Commercial cases are more likely to be for advocacy than most solicitor given work to do, and it is up to you well funded and prepared: the sums advocates. Solicitors have had higher to make sure that it is done, and to likely to work hard. But it does at stake are much more likely to justify rights of audience for over 25 years choose when you want to do it. There give you a sense of control every stone being turned. You are more now and there is no suggestion that is scope for taking long holidays, but likely to be provided with well-ordered the independent Commercial Bar is few successful barristers do not work over when and in what papers and proper instructions, and to under threat; it is still rare for a solicitor at weekends from time to time. circumstances you work.’ 6 7 MYTHS ABOUT THE COMMERCIAL BAR here are a number of myths reason for that popularity is because Second Myth: “Barristers don’t Third Myth: “Choosing to be about the Bar which have been of the split profession, and the body of make enough money” a barrister is too risky” Tcirculating for some time. They high-quality specialist advocates should be treated with caution. in London. While there is undoubtedly serious There is risk in choosing to come to the Here are a few of them. pressure on the earnings of the publicly Bar. But you need to assess those risks, London has, essentially, the biggest funded Bar, you should bear in mind that and the risks in other options, carefully. First Myth: “There is no point dedicated business court in the world. commercial law is almost always privately becoming a barrister because it That court maintains and enhances funded. This means that commercial The financial uncertainty in choosing is a dying profession” the UK’s world-class reputation as barristers charge the market price.
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