Pupillage Policy Document

PUPILLAGE POLICY DOCUMENT 1 Pupillage Recruitment Procedure Policy 2013 Nexus Chambers Nexus Chambers Management Committee Nexus Chambers Pupillage Committee

PUPILLAGE POLICY DOCUMENT 2 Introduction

Nexus Chambers was established in May 2010 following the Bar Council’s decision to amend the Bar Code of Conduct in light of the Legal Services Act 2007. Chambers is led by a strong management committee made up of Barristers and Practice Managers with a wealth of experience, vision and drive. We take a positive approach to the fast changing legal landscape and look to bring innovative solutions to the challenges faced by the legal profession today. Together with our Procure Company, Nexus Law Limited, we work closely with our professional clients to develop business models that work for all. We firmly believe that it is not only possible but imperative that the synergy that exists between Solicitors and the Bar be maintained. The recent changes in the provision of publicly funded work make it essential that the professions look jointly at ways to maintain margins whilst providing the high standard of representation, service, advice and advocacy synonymous with Solicitors and the Bar. Here at Nexus we regard pupillage an integral part of the growth and development of Chambers. We recognise the difficulties facing the Junior Bar, particularly those looking to enter the profession, and view our pupillage scheme as a two way relationship whereby all parties benefit and Nexus can give something back to the Profession.

Nexus endeavours to offer the opportunity of one pupillage per 12 month period. We advertise pupillage vacancies in accordance with the Pupillage Funding & Advertising Requirements 1 and the Equality and Diversity Code for the Bar.

The application process is taken seriously by Chambers and we consider all applications for pupillage fairly. We are committed to establishing and following well-defined selection procedures, ensuring that all pupils are funded in accordance with the Pupillage Funding & Advertising Requirements, establishing and following a written training programme based upon a written and approved checklist, ensuring that the distribution of work between pupils is done so fairly, complying with pupillage monitoring requirements and we are committed to ensuring Equal Opportunities.2

1see Annex R to the Code of Conduct

2 Nexus’ Equal Opportunities Policy can be viewed at any time and our Equal Opportunities Officer is available to discuss any issues that may arise in Chambers.

PUPILLAGE POLICY DOCUMENT 3 Pupillage Offered

At present, Nexus is able to offer one 12-month pupillage each year. Current pupillage carries an award of at least £12,000 per year. This is made up of a guaranteed £6,000 for the First Sixth (first 6 months of pupillage) and a guaranteed minimum earnings of £6,000 for the Second Sixth (second 6 months of pupillage).

The successful applicant, thereby becoming the Pupil of Nexus Chambers, will be both allocated and told of their pupil supervisor at least 10 days before the start of their Pupillage.

Nexus operates and runs its pupillage scheme in accordance with the Code of Conduct.3

3 https://www.barstandardsboard.org.uk/regulatory-requirements/the-code-of-conduct/

PUPILLAGE POLICY DOCUMENT 4 Pupillage Committee

The Pupillage Committee will be made up of four members of Chambers (appointed by the Management Committee) who are not pupil supervisors. The Pupillage Committee will be diverse and will represent a range of seniority and include at least one member of each gender. The members of the Pupillage Committee will be listed on the Nexus Chambers website. At the date of this document, the pupillage committee consists of:

Steven Hayden – Chair Ayesha Khan Andrew Trimble Lance Murray

The Pupillage Committee will be responsible for pupil training and support during their pupillage. The Pupillage Committee will further have the responsibility of advertising any pupillages offered, registering pupillage's and finally the arrangement and conduct of the interviews of the candidates. This will include:

(a) setting the interview questions and marking system that will be used to assess the candidates;

(b) setting and organising the procedure and timetabling for interviews, together with the panel of members of Chambers;

(c) formulating an appropriate topical problem together with model answer and agreeing the marking system to be used to assess the candidates; and

(d) upon request, providing feedback to any candidate.

PUPILLAGE POLICY DOCUMENT 5 All members of the Pupillage Committee will be familiar with the contents of the Equality and Diversity Code for the Bar.

With respect to the responsible for all aspects of the education and training of the pupils the Pupillage Committee will be responsible for:

(a) setting and assessing periodic paperwork and advocacy tests for the pupils as set out in the training section below;

(b) providing regular feedback and guidance to pupils;

(c) establishing in-house advocacy training;

(d) ensuring that at the end of each period of pupillage the certificate of satisfactory completion of pupillage is signed and submitted to the BSB;

(e) at the end of the year submitting an annual return in the prescribed form to the BSB; and

(f) reviewing and revising this Pupillage & Recruitment Policy Document.

Selection Procedure

Nexus aims to ensure that the opportunity to undertake pupillage is open to all upon merit and ability. We are looking for pupils with proven academic ability and with a character that we believe will fit in and work well with Chambers.

Nexus is a member of the Pupillage Gateway and as such all applications are to be made via the Gateway at www.pupillagegateway.com.

All members of Chambers is involved in the selection process of Pupils, with the procedure being overseen by the Chairman of the Pupillage Committee and Pupillage Committee as a whole.

Initially, all applications received are personally reviewed by three members of Chambers. Each application is assessed in accordance with relevant pre-determined selection criteria which will be applied consistently to all applicants. No application is rejected unless at least two members of Chambers have reached the same

PUPILLAGE POLICY DOCUMENT 6 conclusion; any discrepancies/disagreements are passed to the Chair of the Pupillage Committee whose decision will prevail.

When considering the initial applications, our selection criteria predominately focusses on academic achievements, relevant experience and skills, character and aptitude. Nexus will also look, as far as possible from the applications, at an applicant’s interest and commitment to the areas of Law that Chambers specialises in. It should be noted that Chambers would usually require a minimum of a 2:1 at undergraduate level, though applicants should not be dissuaded from applying on this issue alone.

Following this initial stage, a shortlist will be drawn up from all applications of those who are to be invited for a First Interview. All interviewees will be directed to view this Policy, available on chambers website www.nexuschambers.com.

Nexus tries to interview as many candidates as possible in order to better engage and understand the applicant; whilst allowing the applicant to demonstrate skills/ attributes that the Gateway Application cannot.

This First Interview will require the candidate to arrive 15 minutes prior to the interview time and each will be provided with three questions. These questions will be predetermined by the Pupillage Committee prior to the First Interview date and will be consistent for each and every candidate. The purpose of the questions is to gain a general understanding of each applicant’s structure and reasoning, analytical skills, oral advocacy skills the finally an opportunity for the character of the applicant to manifest itself.

Following this First Interview, applicants will be invited for a Second Interview where candidates will be required to arrive thirty (30) minutes prior to the interview time and will be given a short piece of advocacy to prepare. This will usually involve a bail application or plea in mitigation. Following the advocacy exercise, applicants may be asked some topical questions and likely non topical questions in an attempt for Chambers to gain more of an understanding of the individual. Once again the whole of Chambers are involved with this stage of the application process, with a panel of three members at each interview.

The final stage of the selection process involves applicants returning for a Third and Final Interview.

This will consist of a short-list of what was agreed to be the more successful of the first round of interviewees. Chambers will try to keep the figure for this final round of interviews around 10 applicants. The second interview is more of an interpersonal

PUPILLAGE POLICY DOCUMENT 7 interview, with Chambers taking the opportunity to learn more of the individual in our bid to ensure that any applicant offered pupillage will match the criteria set for becoming Nexus’ Pupil.

A reserve list will also be created, this will consist of the effectively the Second and Third Choice candidate. These two candidates will be placed on a reserve list in the event that the successful candidate choices not to join Chambers.

Nexus aims to carry out all interviews within a week and to make our decisions as soon as practicable thereafter.

Records of all applicants and documentation relating to selection decisions will be kept for a period of two years. All paperwork will then be securely disposed using Chambers’ ordinary method of disposing of confidential paperwork.

As a final note on the application procedure, Chambers will require two references to be provided. These references will not be required until the Third and Final Interview procedure.

Pupillage

The successful applicant, thereby becoming the Pupil of Nexus Chambers, will be both allocated and told of their pupil supervisor at least 10 days before the start of their Pupillage.

PUPILLAGE POLICY DOCUMENT 8 Together with the Pupillage Committee, pupils must register his/her pupillage with the BSB in accordance with the Rules and Regulations.

On the first day of Pupillage, pupils will be greeted on arrival by a member of the Pupillage Committee and, if not already received, provided with a copy of:

(a) This Pupillage & Recruitment Policy document;

(b) An introduction to the general layout of Nexus Chambers, including details of the location of the clerks’ room, photocopier/printer, internet passwords and finally the Nexus locks and security systems;

(c) The BSB pupillage file (if available); and

(d) Chambers constitution;

Pupils will then be introduced to their pupil supervisor and any other member of Chambers (if available).

It is possible that throughout Pupillage, pupils may have different pupil supervisors. This is so that pupils are able to see a wide range different work and methods of practice; Nexus currently has pupil supervisors in the areas of Crime, Family and Land Lord and Tenant.

Pupils will be paid a monthly instalment of £1000 in their first sixth months pupillage, together with any such further sum as may be necessary to reimburse expenses reasonably incurred by the pupil on travel for the purposes of his pupillage during that month and attendance during that month at courses which he is required to attend as part of his pupillage.

During Pupils second sixth months, namely when they are practising, they will receive no less than £1,000 per month in guaranteed earnings. Additionally, pupils will receive such further sum as may be necessary to reimburse expenses reasonably incurred by the pupil on travel for the purposes of his pupillage during that month; and attendance during that month at courses which he is required to attend as part of his pupillage.

For further details on inclusions and exclusions of the award to Pupils, please visit the Bar Standards Board website and particularly Annexe R of the Code of Conduct.4

4https://www.barstandardsboard.org.uk/regulatory-requirements/the-code-of-conduct/annexes-to-the-code/ annexe-r-pupillage-funding-and-advertising-requirements/

PUPILLAGE POLICY DOCUMENT 9 Pupils are not required to pay Chambers Rent or any Clerk’s Fees on monies earned during their 12 monthsPupillage.

Each pupil will be entitled to two weeks (i.e. 10 working days) holiday per 6-month period. This figure does not include statutory holidays or any other periods where Chambers is closed, the pupil’s supervisor has given their permission or the pupil is ill.

Any pupil who wishes to take longer holiday must obtain permission from the Qualifications Committee of the Bar Council, as the 4 week holiday is the mandatory maximum entitlement.

Since barristers do not work fixed hours, pupils should normally be expected to be in chambers by 9.00am and unlikely to be in chambers after 6.30pm. However, due to the nature of the profession, particularly conferences that may sometimes not finish within these times, a pupil may occasionally be asked to work outside the above hours.

Due to the Criminal aspects of Chambers’ work, Pupils should be expected to attend Court on a Saturday (on a very very rare occasion Courts are open on Sunday’s, though in the experience of Chambers we are yet to receive instructions to attend a Sunday hearing). A Saturday Rota will be put in place to ensure that a Pupil is not working each and every saturday, however due to Criminal Courts being open on a Saturday, this is often a time when Chambers receives instructions. It should of course be noted that Pupils are not the only representative of Nexus that attends courts on a Saturday, other Tenants also do.

At the end of pupillage pupils are required to lodge with the Pupillage Committee:

(a) A copy of their check-list(s), signed by their supervisor(s); and

(b) Copies of their monthly review forms.

Chambers adopts and uses the Bar Standards Board Pupillage Checklist.

Together with the Pupillage Committee, each pupil will ensure that they have a copy of the Pupillage File, Good Practice in Pupillage guide and the appropriate checklist by no later than the end of the first week of pupillage.

PUPILLAGE POLICY DOCUMENT 10 Pupillage Training

The Pupillage Committee will meet with our pupil on a monthly basis. This will be in order to provide training, feedback on their performance during pupillage and, in particular, their performance in the formal assessments.

Nexus will have in place and a rigorous and comprehensive in-house advocacy training programme, delivered by experienced practitioners. The programme will consist of practical exercises aimed at developing up to date knowledge of the law, court procedure and advocacy skills. The training material will be complied in such a way to ensure that it covers tall areas that Junior members of the Bar can expect to encounter in their first few months on their feet.

Exercises will include questioning members of Chambers, who will act as witnesses being either cross examined or led through their evidence, as well acting as Judges in ‘mock’ applications being made. The pupil will be placed into every day practical situations, testing ethical issues as well procedural difficulties.

Pupils must pass this course to the satisfaction of the Pupillage Committee in order to take up their second six months and represent Chambers.

In the unlikely event of a pupil underachieving in these exercises, Chambers will discuss any shortcomings with the pupil supervised and organise a programme that addressees and corrects these issues.

Pupils are further encouraged to take part in any advocacy training offered by their Inns or the Circuit.

PUPILLAGE POLICY DOCUMENT 11 Support and Complaints

The well-being of pupils during pupillage will be the responsibility of the Pupillage Committee. The Pupillage Committee will have meetings with the pupil on a monthly basis, often attempting to coincide this with the monthly training exercises.

The monthly meetings are to provide support, guidance and help with any problems that may have arisen, likely to arise and/or general concerns that the Pupil may have.

If a pupil has a complaint about pupillage and/or their pupil supervisor, which cannot be resolved through discussion with the pupil supervisor, then the complaint should be referred to the head of the Pupillage Committee, or if not available, one of the other members of the committee. If the complaint is still not resolved it should be referred to the Management Committee. Any complaint or grievance within the terms of Equal Opportunities Policy should follow the procedures described in that document.

PUPILLAGE POLICY DOCUMENT 12 Pupil Supervisors

The formal obligations and functions of pupil supervisors are summarised in paragraphs 804 – 805 of the Bar Code of Conduct, and Part II of the Pupillage Guidelines.

Nexus Chambers complies with all Pupil Supervisor requirements such an ensuring that Pupil Supervisors are barristers who, are entered on the register of approved pupil supervisors maintained by the BSB, whose practice is and has been their primary occupation for the last two years and whose principal place of work is at Nexus Chambers.

Pupil Supervisors may only supervise one pupil at a time unless they have the permission of the Joint Regulations Committee.

On the first day of the Pupil’s pupillage, the Pupil Supervisor will meet the Pupil art Chambers. Here, the Supervisor will talk to the Pupil and inform them of the practice and pupillage generally and introduce the pupil to the practice managers and other members of Chambers if available. The Pupil Supervisor will ensure that the Pupil has received the documents specified throughout this document.

PUPILLAGE POLICY DOCUMENT 13 In the event that the Pupil Supervisor will not be in Chambers, they will arrange for a“relief”Pupil Supervisor for that day and inform the Pupil of the arrangements made.

If at any stage the Pupil Supervisor is informed of any weakness in the Pupil’s performance, then together with the Pupillage will provide such extra support as is needed.

General duties of the Pupil Supervisor include organising regular appraisals and feedback of the Pupil’s work is essential and a monthly review will be conducted at the end of each month, with comments and feedback provided. The form will be given to a member of the Pupillage Committee at the end of the period of pupillage. These reviews will also be conducted by the Pupillage Committee and/or the panel of Members of Chambers conducting any particularly training exercise.

Pupils will often be required to read their Pupil Supervisor’s papers and draft pleadings and other documents, including opinions, where applicable. The Pupil will be regularly required to accompany their Pupil Supervisor and likely another member of Nexus, to court on sufficient occasions so that the pupil has the opportunity to do all such work and gain all such experience as is appropriate for a person commencing practice in the type of work done by the pupil supervisor, and in particular to enable the pupil to complete the checklist. In particular, the pupil supervisors must ensure that the pupil has sufficient experience:

(a) to ensure that the pupil has an understanding and appreciation of the operation in practice of rules of conduct and etiquette at the Bar;

(b) to ensure that the pupil has gained sufficient practical experience of advocacy to be able to competently prepare and present a case;

(c) to ensure that the pupil has gained sufficient practical experience of conferences and negotiation to be able to conduct the same competently; and

(d) to ensure that the pupil has gained sufficient practical experience in the undertaking of legal research and the preparation of drafts and opinions to be able to undertake the same competently

All Pupil Supervisors at Nexus Chambers are familiar with the Equality Code for the Bar, the Pupillage File and the guide to Good Practice in Pupillage as well as any material that the BSB and/or Bar Council from time publish.

PUPILLAGE POLICY DOCUMENT 14 All Pupil Supervisors at Nexus Chambers satisfy themselves that all reasonable steps are taken to ensure that, during pupillage, no Pupil is discriminated against on the grounds of race, colour, ethnic or national origin, nationality, citizenship, sex, sexual orientation, marital status, disability, religion, age or political persuasion.

During the second-six months, the Pupil Supervisors will review the distribution of work to pupils to ensure that the pupils are given a fair and equal access to all opportunities that are offered to pupils during pupillage. Prompt remedial action will be taken where required.

With respect to undertaking work for other members of Nexus Chambers all pupils will be given an opportunity to work for other members of Chambers. Feedback will be provided by any Member of Chambers that has had work conducted by the Pupil, to both the Pupil, Pupillage Committee and Pupil Supervisor.

The Pupil Supervisor will be available to provide guidance and feedback to the Pupil, particularly during their second six months when they are practising on their own feet. Alternatively, all Members of Nexus Chambers will be available to provide support and guidance.

The Pupil Supervisor will ensure that the pupil is provided with and retains the appropriate checklist and completes it conscientiously and accurately. The Pupil Supervisor will sign and date the checklist at the end of the period for which s/he has responsibility for the pupil.

At Nexus Chambers, Pupils are encouraged to discuss any problems and questions relating to practice with any member of Chambers, not just their Pupil Supervisor.

Provided that the period of pupillage has been satisfactorily completed, the Pupil Supervisor must provide a pupil with a certificate in accordance with Consolidated Regulation 52. Failure by a pupil supervisor to certify a pupil where it is proper to do so (i.e. if the pupil has completed his or her pupillage satisfactorily) is a breach of the guidelines set out in the Code of Conduct.

In the event that a Pupil Supervisor is not satisfied that the pupil has satisfactorily completed pupillage and they will not sign the certificate, they must:

(a) notify the pupil of their options (i.e. a certificate may be accepted from the pupil supervisor’s Head of Chambers, the head of the Recruitment Committee, or another person acceptable to the Masters of the Bench and the BSB); and

PUPILLAGE POLICY DOCUMENT 15 (b) notify the Recruitment Committee so that it can decide whether to certify the pupil’s satisfactory completion of a period of pupillage.

If a pupil remains unable to obtain a relevant certificate the pupil may appeal to (a) the Masters of the Bench of his/her Inn and, if necessary, then (b) the Joint Regulations Committee (Consolidated Regulation 52).

If the pupil supervisor leaves chambers s/he should where possible make arrangements to ensure the continuity of the pupillage in conjunction with the Pupillage Committee.

PUPILLAGE POLICY DOCUMENT 16 Tenancy

It will not be uncommon for Pupils to be asked to perform a Third Sixth prior to any Tenancy decision being offered. At Nexus Chambers, it is generally agreed that six months of a Pupil practising at the Bar is not quite sufficient enough time for an informed decision to be made on their long term future at Nexus Chambers. If there are little prospects of a Pupil being offered Tenancy following a further six months as a pupil, this will be discussed with the Pupil following the conclusion of their official twelve month Pupillage.

The decision as to whether a Pupil is offered Tenancy at Chambers will be based on their performance though out their time as a Pupil. This will include, but not limited to, their performances in their monthly training exercises, their commitment to Chambers, feedback from all members of Chambers and any feedback from instructing solicitors.

The decision to offer Tenancy is initially made by the Pupillage Committee who then pass this recommendation on to the Management Committee. If ratified at Management level, the decision is put before the whole of Chambers.

A secret ballot is held with each Tenant having one vote. A 75%majority of votes approving the offer of Tenancy being made is required before moving onto the final stage of an offer being made.

In the event of a pupil receiving less than 75% of the vote in favour of an offer, a whole Chambers Meeting is called in order to discuss the future of the Pupil (wherein a decision will be made on whether a Tenancy can be offered, a further third sixth pupillage offered, squatting rights or a rejection).

In the event of over 75% being obtained in support of an offer for Tenancy, the final stage is effectively a period of one week (7 days) from the result of the secret ballot during which all Tenants are informed of the outcome of the result of the secret

PUPILLAGE POLICY DOCUMENT 17 ballet. Each member of Chambers is then asked whether agree with the majority consensus that Tenancy should be offered.

If during this one week period any member of Chambers opposes the offer of Tenancy (‘A Veto’) then a whole Chambers Meeting is called in order to discuss the future of the Pupil (wherein a decision will be made on whether a Tenancy can be offered, a further third sixth pupillage offered, squatting rights or a rejection).

In the event that either 100% of the vote in the secret ballot is to offer Tenancy, or during the one week period following the result there is not a ‘Veto’, the Pupil will be offered Tenancy at Nexus Chambers.

For those pupils not offered tenancy, Chambers will provide assistance in finding a 3rd six elsewhere, or in a firm of solicitors if the individual prefers. References will be supplied upon request. Applications for squatting are not usually entertained but would be considered on a case by case basis.

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