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21 November 2013
Despite all the risks and pressures, the bar is an immensely satisfying profession for those who make it. It has an iconic appeal and a romantic image, although barristers would also point out that it involves a lot of hard graft too
What does a barrister do?
Barristers’ main work comes from disputes. It is a barrister’s expert knowledge of a particular area of law, be it crime, family, corporate, finance or sport, that can determine the outcome of a dispute. This has been the case since the 13th century.
Traditionally, barristers use their skills in the courtroom, doing battle with a rival before a judge or cross-examining witnesses. Criminal barristers in particular will be in and out of court all the time, defending or prosecuting those accused of anything from road traffic offences to murder.
However, in the commercial world things are changing. The number of disputes going to trial has been diminishing for a number of years. Trials are expensive and many companies prefer to settle out of court.
This has made it harder for young commercial barristers to gain courtroom experience, but it does not mean their expertise is any less important. Increasingly, it is their paper-based advocacy skills and the ability to present arguments cogently and persuasively that come to the fore. This requires copious amounts of legal research, followed by writing an ‘opinion’ for a client setting out the legal advice. Alternative methods of dispute resolution, such as mediation and arbitration, are also growing in popularity and barristers are involved in these processes too.
The Bar Professional Training Course (BPTC) is a compulsory course that all aspiring barristers must complete successfully prior to starting pupillage. The aim of the course, which can be studied either full- or part-time, is to bridge the gap between the academic study of law and the skills that are needed in practice.
The course takes one year full-time, two years part-time or can be integrated as an extension to a qualifying law degree.
Course length varies between providers but your chosen BPTC must be at least 30 weeks long, excluding holidays. If you choose a full-time BPTC, you can expect to do a full day’s work every day of the working week.
Who can apply?
To be eligible for a place on the BPTC you should have either a qualifying law degree (2:2 minimum) or an undergraduate degree in any other subject (2:2 minimum) and a GDL.
The Bar Standards Board (BSB) has recently introduced a compulsory aptitude test for candidates wanting to take the BPTC. This tests critical reasoning skills and must be passed before BPTC providers can offer places to students.
Increasing competition means that, statistically, applicants with 2:1 or first-class degrees are more likely to secure a pupillage.
A 2:2 will not automatically prevent admission to the BPTC or pupillage, but you need to be aware that the odds are increasingly stacked against you if you’ve only graduated with a ‘Desmond’.
A CV that can demonstrate your commitment to the profession, for example by completing mini-pupillages and any other form of law-related work experience, as well as extracurricular activities including public speaking/mooting and pro bono work, will also help.
Which BPTC course?
It is important you find the course that suits your requirements. You should attend different providers’ open days or evenings and speak to current and former students.
Make sure you read all the available literature from the different providers before making a choice and contact them and ask questions when necessary.
How and when to apply for the BPTC
Applications for a place on a BPTC are made through the BSB’s central applications system, called BPTC Online (see timeline on page 34). The application form itself needs careful attention. You will be asked to:
- provide details of mini-pupillages and other legal experience;
- explain why you want to be a barrister;
- provide examples of exceptional communication/interpersonal skills;
- provide examples of your ability to accurately analyse large volumes of written information;
- provide examples of how you cope with pressure;
- provide examples of how you have developed your advocacy skills since the age of 18 (you will not be able to rely on having once been an angel in an infant school nativity play).
Give yourself plenty of time to think about the content of the form and make sure you re-read it before submitting it because poor spelling, grammar, punctuation and typographical errors
will make your application look weak and count against you.
What does the course cover?
The BPTC is designed to prepare you for pupillage and the early years of practice. The main skills taught are: legal research, case management, drafting (for example, pleadings, witness statements etc), opinion-writing, conference skills (client interviewing), resolution of disputes out of court (for example, negotiation, mediation) and plenty of advocacy.
The knowledge subjects taught are civil litigation and remedies, criminal litigation and sentencing, evidence and professional ethics. In addition, you must take two options – different providers offer different options, so make sure you know before you start the course that your chosen provider offers a range of options that you are happy to do.
Training as a barrister is very expensive as the BPTC can cost more than £17,000 with no guarantee of a job afterwards (see box, page 26, for details on fees). Also, do not forget that you will also need money for food, rent, transport and going out.
Thankfully, financial assistance is available from the Inns of Court (see page 32) as well as from BPTC providers.
- BPP Law School and Northumbria University offer awards of up to £5,000,
- Kaplan Law School offers a 50 per cent fee reduction to its Master/Mistress of Moots scholars and a £2,000 reduction for 10 advocacy scholars.
- The University of Law offers two scholarships, one for the full course fees and a runner-up prize of £2,000.
- The City Law School offers six scholarships, each worth £3,000.
For more details, visit the individual law school websites.
If you are not fortunate enough to secure financial assistance from one of the Inns or your BPTC provider, you may have to consider borrowing money to fund your studies. HSBC offers a loan product aimed specifically at BPTC students while BPP in conjunction with Investec offers a loan exclusively for its BPTC, GDL and LPC students.
As with all forms of debt, think carefully about whether or not you can afford to take out a loan, especially as there may be a delay between completing the BPTC and securing a pupillage or other form of employment.
It may be worth thinking about taking on a temporary job to help you save up for the course fees, or completing the course part-time so you can combine it with paid work.
After successfully completing the BPTC, you must then start a one-year period of work-based learning known as a ‘pupillage’ before you qualify as a fully-fledged barrister.
Traditionally, pupillages are split into two six-month sections known as ‘sixes’. The first ‘non-practising’ six involves shadowing an experienced barrister. In the second ‘practising’ six, a pupil is entitled to offer legal services and exercise rights of audience under supervision (ie appear
in front of a judge). Most pupillages are undertaken at a chambers, but a small number of in-house positions with the Crown Prosecution Service are also available.
All pupils will work closely with their pupil supervisors – experienced barristers who take responsibility for organising their training, supervising progress, allocating work and assessing their performance.
A lot of hard work will be expected of you during your pupillage year. During your first six you will typically undertake legal research, draft opinions, read your pupil supervisor’s paperwork and shadow them in conferences and in court. Once you have successfully completed this stage of training you will finally be allowed your own clients and to work on your own cases. Significantly, you will also be permitted to appear in court as an advocate.
When and how to apply
The Bar Council requires all pupillage vacancies to be advertised on its online application system, the Pupillage Gateway (www.pupillagegateway.com). Students are able to apply for pupillages up to two years in advance. The Gateway aims to make the recruitment process simple for candidates, as you use just one form to apply to up to 12 chambers per recruitment season. The whole process operates under a strict timetable, which both candidates and chambers must adhere to.
For further tips on using the Pupillage Gateway, check out Lawyer2B.com. Before applying, find out as much as you can about each of the chambers on your shortlist, such as the type of work it focuses on and their pupillage selection procedures, including minimum entrance requirements.
Remember competition is intense. There are about 500 pupillage vacancies per year, which is significantly lower than the number of students successfully completing the BPTC.
The qualifying sessions, often referred to as the ‘12 dinners’, are a compulsory part of a barrister’s training. As their name suggests, food is involved, but this is followed by an educational activity such as a moot or debate.
The Bar Council rules stipulate that chambers must pay pupils a minimum of £12,000 per year plus reasonable expenses. Those who decide to specialise in criminal law and join a set that relies on publicly funded work are likely to find themselves being paid the minimum award. But if you secure a pupillage with one of the leading commercial sets you can expect something much heftier (see table, left).
Awards can be paid once a pupil starts their pupillage year, or if they have secured a pupillage while still completing their BPTC they have the choice to accept approximately a third of the award as an advancement during their year at law school.
Tenancy is the final step to securing a pupillage and is by no means guaranteed – even the most able pupils often struggle to secure a permanent position in a chambers. Indeed, some pupils who are determined to make it as a self-employed barrister have to consider a third six or ‘squatting’ – staying in chambers on a temporary basis until they find a tenancy.
“What’s the working environment like?”
Barristers’ offices, known as ‘chambers’ or ‘sets’, are still housed mostly in London’s Inns of Court – beautiful, ornate and ancient premises set in tranquil grounds. Similar environments for chambers are replicated in other major cities, such as Birmingham, Bristol, Leeds and Manchester.
Although barristers take space in chambers, where they can be near other barristers and take advantage of communal facilities, essentially they are their own boss. As a self-employed individual, therefore, they work on their own terms. To be successful, barristers have to work extremely hard. They tend to work some of the longest hours around but the ability to retain some control over when they work and the type of work they take on is a rare privilege.
Eighty per cent of barristers are self-employed, work in chambers and handle work that has been referred to them by a solicitor. The remainder are employed in a wide range of organisations, including the Crown Prosecution Service, the Government Legal Service and the British Armed Forces, as well as in commerce and industry.
“How do I become a barrister?”
To become a barrister you must first complete a degree and then at least one year’s further academic training on a course known as the Bar Professional Training Course (BPTC). If you did not do a law degree at university, you will need to complete a conversion course, known as the Graduate Diploma in Law (GDL), before starting the BPTC. See page 8 for more information.
If you pass the BPTC, you are ‘called to the bar’ and are technically allowed to call yourself a ‘barrister at law’. However, many consider it a bit pompous to call yourself a barrister at this stage, as you have not fully completed your training yet.
To actually be allowed to practise you must complete at least one year in a set of chambers as a pupil barrister. This period is known as a pupillage.
“Is it tough to become a barrister?”
Do you really need to ask? The competition is extreme. The gap between the number of Bar Professional Training Course (BPTC) students and the number of pupillages available is growing bigger.
We are not here to put anyone off, but you will need to know your own strengths and make a sensible decision as to whether you have got what it takes. That said, even good candidates may apply unsuccessfully for a year or two before bagging a pupillage. It is a case of judging when to persevere and when to call it quits.
“I didn’t go to Oxford or Cambridge. Will it count against me when I apply for pupillages?”
No. We’re looking for intellect, analytical skills and the potential to become a successful commercial barrister. An excellent degree (and often postgraduate degree) from any good university will help to show that you have at least the intellectual skills, but then it is mainly down to your interview performance.
The relatively high success rate of Oxford and Cambridge students is probably because their high-standard small group tutorials are good practice for discussing legal topics in pupillage interviews, but some of the best candidates for the bar are not from these universities, and some of the worst are. Do not worry about your university, worry about your abilities.
Adam Kramer, barrister, 3 Verulam Buildings
Skills for barristers
- Written and oral advocacy skills are vital
- Strong academic background
- Ability to work alone and on own initiative
- Ability to handle difficult clients
- Ability to analyse complicated information very quickly
- Writing concisely
- Verbal and written communication
- Ability to pay close attention to detail
- Management and conflict resolution
Boost your chances of getting pupillage by…
Getting amazing grades
There’s no getting away from the fact that you will be competing with some of the best academic minds in the country, so it is important to get stellar A-level grades in challenging and traditional subjects and a 2:1 or first-class degree in your undergraduate course.
Mini-pupillages offer the perfect opportunity to get to know all about the work of a barrister. It is the bar’s term for a work experience placement and consists of shadowing a barrister in their working life. The length of mini-pupillages is variable but most last a week.
Most chambers select candidates for mini-pupillages by asking for a covering letter and CV. It is always worth double-checking on websites and looking for the name of the person to address your application to. Others will call you in for an interview before offering you a mini-pupillage. Check chambers’ websites for dates, selection processes and entrance requirements.
Some chambers’ mini-pupillages are really well organised, others can be a bit scrappy. If you have a bad experience, do not take it as indicative of what all chambers are like.
The Bar Council, in conjunction with the Social Mobility Foundation, also runs a chambers placement scheme aimed specifically at Year 12 students from low-income families. For more information check out www.socialmobility.org.uk.
Mooting is just a fancy word for debating a legal point. Most universities have mooting events and there are regional and national competitions too. If you are serious about becoming a barrister, join your university’s mooting or debating club. It will help you build vital skills and looks great on your CV.
Getting involved with pro bono
Pro bono means ‘for the public good’ – basically, it is giving some of your free time to provide legal help to those who need it but cannot afford to pay for it. It can provide useful experience and is a massive CV-booster. Your university might run a legal advice clinic, where law students assist qualified solicitors helping the public with their problems. Check out www.lawworks.org.uk for other opportunities.
Keep an eye out for mooting, essay and other forms of competitions such as mock trials organised by the Citizenship Foundation. Doing well in one of these really impresses recruiters.
Doing work experience
Remember that other forms of work experience, including vacation schemes with a firm of solicitors and non-law related jobs, are valuable too. The key to all such experience is being able to show what you have gained from it – maybe it has simply confirmed that you want to be a barrister.
- 1,422 students enrolled on the BPTC in 2010/11
- 1,313 passed the BPTC
- 89.3% Average pass rate
- 94% Highest pass rate (2007/08)
- 76% Lowest pass rate (2008/09)
- 695 graduates commenced their first six months of pupillage on 1 October 2000 and 30 September 2001 combined
- 444 graduates commenced their first six months of pupillage on 1 October 2010 and 30 September 2011 combined
Pupillage awards 2013-14
7 Bedford Row
Brick Court Chambers
One Crown Office Row
One Essex Court
Essex Court Chambers
20 Essex Street
39 Essex Street
Fountain Court Chambers
7 King’s Bench Walk
4 New Square
No 5 Chambers
XXIV Old Buildings
3 Paper Buildings
4 Pump Court
3 Verulam Buildings