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Not a warning, but a message of hope. Charlotte McDonald reflects on not being taken on, moving chambers and finding success – with a call for greater transparency in the process
Probationary tenancy, formerly known as third six, feels rarely spoken about at the Bar. As something experienced by this author, it felt embarrassing, an admission of failure, and led to a period of stress and uncertainty. Now settled and thriving in a wonderful set following a probationary tenancy, I can see that this could have been the best thing that happened to me. This article questions whether there can be a shift and change in the culture and process of probationary tenancies to help future pupils in a similar situation.
When I was offered pupillage on my fourth year of applying, many commented that I had ‘done the hard part because as long as you do not muck up, tenancy is in the bag’. I had joined a chambers where the previous decade of pupils had all been offered tenancy and I was reassured by that. ‘What if it does not happen for me?’ was never floated, discussed or even contemplated. Doing so would imply a notion of ‘failure’ that most pupils did not experience. Chambers’ strong track record of tenancy offers gradually created in me a fear of being the person who might bring that record down.
Being told I was not being offered tenancy was devastating; I thought that my hopes of practising as a barrister were over. Rather than a clear, fleshed-out career path at a top set being ahead of me, I felt as though there was a void. I was given the outcome in a brief phone call, without discussion of what came next. ‘What happens now?’ asked my family and friends. I could not answer them, and this led to the outcome hitting harder than if the process been entirely transparent.
Had there been a more open conversation, whether in chambers, in the Inns or beyond, or a sense of normality in discussing next steps across the profession, this may have bridged the chasm between pupillage and the distant sense of whatever was to come next. Perhaps I would have been able to see two paths ahead; tenancy or probationary tenancy.
Therefore, I implore chambers to consider processes for their pupils. Even if in the eyes of chambers a pupil is guaranteed a tenancy offer, the trepidation for the pupil may be mitigated by transparency around the possible options.
I am grateful to those who reached out and shared their stories of moving chambers and onward success. What really struck and motivated me was the number of barristers, silks and judges who reassured me that they, and many they knew, had not been taken on. They helped me see that it was not something to be ashamed of, but could instead be a new and brilliant opportunity.
I now question why probationary tenancy, if it is neither uncommon nor shameful, is not discussed more openly. If those who have experienced it are not embarrassed, why does it remain so hidden? This lack of openness perpetuates a cycle of opacity and stifles the benefits such discussions could offer others.
So in the spirit of being a part of the change that I wish to see, I now proudly tell students at events that I did not get taken on – to try and dispel the fear early – and where possible, I have since assisted others going through the same process.
If the absence of a tenancy offer or the requirement to undertake a probationary tenancy are not grounds for embarrassment, then speaking openly about them can undoubtedly make a meaningful difference. Only positive outcomes can come from those who have gone through the process – and had a positive experience – sharing their stories of probationary tenancy.
My set was the first to make its pupillage decision and, as a result, I found myself in a position that was both fortunate and difficult: fortunate in that places elsewhere remained available, but difficult in that I felt alone in the search, congratulating friends as they were taken on around me. Once the initial emotions had settled, I remember searching online for ‘probationary tenancy’ and finding very little information advertised. This only heightened my panic rather than dispelling it. I did not know how or when chambers would advertise such opportunities, nor what the process would look like once they did.
I am very grateful to my former head clerk, without whose help I would have struggled enormously. With the support of my supervisor – who reassured me by sharing her own experience of completing a third six – I was able to consider chambers that might make an offer. My head clerk was able to contact other head clerks on my behalf to ask whether their sets intended to offer a probationary tenancy that year. Several sets that often did so in previous years were not offering one that year. This highlighted the lack of consistency and transparency in the process. Unlike pupillage, there was no set application date, no standardised procedure and no centralised application website, although the Bar Council does list vacancies on its own website. While such informality may be common in many sectors, the lack of clarity around progression and the absence of clear advertising made the process exceptionally difficult to navigate.
The most transparent chambers I encountered was the set I would ultimately join, 42BR. There was a clear advertisement, application process and date by which to apply. Had something more akin to this been provided, and early, by all chambers, the process would be clearer and more transparent. This would benefit applicants but also chambers who could ensure that the best candidates apply.
To any present or future people, this article is not a recital of doom; rather, the concerns and fears were entirely alleviated when I was taken on by my new chambers for probationary tenancy. Three months in, I was offered a full tenancy. While not a pre-empted or planned move, it has been one of the best things that could have happened. This is therefore not a warning but a story of hope.
Since joining a new chambers, it has become clear that there can be many advantages to not being taken on and instead moving elsewhere. Even before the move, with the pressure of securing tenancy lifted, I was able to settle into my second six and successfully build a full diary, which I then carried with me when I left. This helped rebuild my confidence, which I was able to take into probationary tenancy interviews and, ultimately, into my new set.
Importantly, I was starting afresh. I could begin my practice as the barrister I wanted to be going forward. I was able to reset my expectations and proactively seek the support and adjustments I needed, feeling settled from day one. Free from the pressure of pupillage assessments and reviews, I could prove myself through my work alone while developing new professional relationships.
One significant aspect of moving chambers, at any stage of one’s career, is finding a set whose character aligns with your own. My former chambers is undoubtedly one of the best, and I have nothing but admiration and respect for all those I was fortunate enough to call colleagues during that year. Its style could fairly be described as a ‘traditional’ set in both structure and environment, and it closely matched what I had always assumed the Bar to be. It is an arrangement in which many clearly thrive. What I did not realise I needed until I moved, however, was a different environment – one that was more relaxed and sociable, and in a different location.
One does not have to be refused tenancy in order to undertake a probationary tenancy, and pupillage itself can be a valuable time to assess whether a particular set is the right fit. It can also be an opportunity to reflect on whether the location or area of law is right for you, and to move at a stage when structured support and training are still available. Further – though many undoubtedly dislike this reality – some chambers offer more pupillages than they have tenancy places, meaning that many outstanding candidates are ultimately left without an offer. Chambers that offer probationary tenancy are fortunate in being able to benefit from these already well‑trained pupils.
Probationary tenancy can arise at a particularly difficult or transitional point in a career. Anything the profession can do to ease this transition can only benefit both applicants and chambers. Chambers, in turn, should recognise that there are many exceptional candidates who, for a variety of reasons, miss out on tenancy but go on to become real assets to new sets. With a clearer and more transparent system, the entire profession stands to benefit.
Charlotte McDonald is a family law barrister at 42BR Barristers. She is frequently instructed on matters involving domestic abuse. She advocates for barristers with disabilities and accessibility in chambers and courts.
Probationary tenancy, formerly known as third six, feels rarely spoken about at the Bar. As something experienced by this author, it felt embarrassing, an admission of failure, and led to a period of stress and uncertainty. Now settled and thriving in a wonderful set following a probationary tenancy, I can see that this could have been the best thing that happened to me. This article questions whether there can be a shift and change in the culture and process of probationary tenancies to help future pupils in a similar situation.
When I was offered pupillage on my fourth year of applying, many commented that I had ‘done the hard part because as long as you do not muck up, tenancy is in the bag’. I had joined a chambers where the previous decade of pupils had all been offered tenancy and I was reassured by that. ‘What if it does not happen for me?’ was never floated, discussed or even contemplated. Doing so would imply a notion of ‘failure’ that most pupils did not experience. Chambers’ strong track record of tenancy offers gradually created in me a fear of being the person who might bring that record down.
Being told I was not being offered tenancy was devastating; I thought that my hopes of practising as a barrister were over. Rather than a clear, fleshed-out career path at a top set being ahead of me, I felt as though there was a void. I was given the outcome in a brief phone call, without discussion of what came next. ‘What happens now?’ asked my family and friends. I could not answer them, and this led to the outcome hitting harder than if the process been entirely transparent.
Had there been a more open conversation, whether in chambers, in the Inns or beyond, or a sense of normality in discussing next steps across the profession, this may have bridged the chasm between pupillage and the distant sense of whatever was to come next. Perhaps I would have been able to see two paths ahead; tenancy or probationary tenancy.
Therefore, I implore chambers to consider processes for their pupils. Even if in the eyes of chambers a pupil is guaranteed a tenancy offer, the trepidation for the pupil may be mitigated by transparency around the possible options.
I am grateful to those who reached out and shared their stories of moving chambers and onward success. What really struck and motivated me was the number of barristers, silks and judges who reassured me that they, and many they knew, had not been taken on. They helped me see that it was not something to be ashamed of, but could instead be a new and brilliant opportunity.
I now question why probationary tenancy, if it is neither uncommon nor shameful, is not discussed more openly. If those who have experienced it are not embarrassed, why does it remain so hidden? This lack of openness perpetuates a cycle of opacity and stifles the benefits such discussions could offer others.
So in the spirit of being a part of the change that I wish to see, I now proudly tell students at events that I did not get taken on – to try and dispel the fear early – and where possible, I have since assisted others going through the same process.
If the absence of a tenancy offer or the requirement to undertake a probationary tenancy are not grounds for embarrassment, then speaking openly about them can undoubtedly make a meaningful difference. Only positive outcomes can come from those who have gone through the process – and had a positive experience – sharing their stories of probationary tenancy.
My set was the first to make its pupillage decision and, as a result, I found myself in a position that was both fortunate and difficult: fortunate in that places elsewhere remained available, but difficult in that I felt alone in the search, congratulating friends as they were taken on around me. Once the initial emotions had settled, I remember searching online for ‘probationary tenancy’ and finding very little information advertised. This only heightened my panic rather than dispelling it. I did not know how or when chambers would advertise such opportunities, nor what the process would look like once they did.
I am very grateful to my former head clerk, without whose help I would have struggled enormously. With the support of my supervisor – who reassured me by sharing her own experience of completing a third six – I was able to consider chambers that might make an offer. My head clerk was able to contact other head clerks on my behalf to ask whether their sets intended to offer a probationary tenancy that year. Several sets that often did so in previous years were not offering one that year. This highlighted the lack of consistency and transparency in the process. Unlike pupillage, there was no set application date, no standardised procedure and no centralised application website, although the Bar Council does list vacancies on its own website. While such informality may be common in many sectors, the lack of clarity around progression and the absence of clear advertising made the process exceptionally difficult to navigate.
The most transparent chambers I encountered was the set I would ultimately join, 42BR. There was a clear advertisement, application process and date by which to apply. Had something more akin to this been provided, and early, by all chambers, the process would be clearer and more transparent. This would benefit applicants but also chambers who could ensure that the best candidates apply.
To any present or future people, this article is not a recital of doom; rather, the concerns and fears were entirely alleviated when I was taken on by my new chambers for probationary tenancy. Three months in, I was offered a full tenancy. While not a pre-empted or planned move, it has been one of the best things that could have happened. This is therefore not a warning but a story of hope.
Since joining a new chambers, it has become clear that there can be many advantages to not being taken on and instead moving elsewhere. Even before the move, with the pressure of securing tenancy lifted, I was able to settle into my second six and successfully build a full diary, which I then carried with me when I left. This helped rebuild my confidence, which I was able to take into probationary tenancy interviews and, ultimately, into my new set.
Importantly, I was starting afresh. I could begin my practice as the barrister I wanted to be going forward. I was able to reset my expectations and proactively seek the support and adjustments I needed, feeling settled from day one. Free from the pressure of pupillage assessments and reviews, I could prove myself through my work alone while developing new professional relationships.
One significant aspect of moving chambers, at any stage of one’s career, is finding a set whose character aligns with your own. My former chambers is undoubtedly one of the best, and I have nothing but admiration and respect for all those I was fortunate enough to call colleagues during that year. Its style could fairly be described as a ‘traditional’ set in both structure and environment, and it closely matched what I had always assumed the Bar to be. It is an arrangement in which many clearly thrive. What I did not realise I needed until I moved, however, was a different environment – one that was more relaxed and sociable, and in a different location.
One does not have to be refused tenancy in order to undertake a probationary tenancy, and pupillage itself can be a valuable time to assess whether a particular set is the right fit. It can also be an opportunity to reflect on whether the location or area of law is right for you, and to move at a stage when structured support and training are still available. Further – though many undoubtedly dislike this reality – some chambers offer more pupillages than they have tenancy places, meaning that many outstanding candidates are ultimately left without an offer. Chambers that offer probationary tenancy are fortunate in being able to benefit from these already well‑trained pupils.
Probationary tenancy can arise at a particularly difficult or transitional point in a career. Anything the profession can do to ease this transition can only benefit both applicants and chambers. Chambers, in turn, should recognise that there are many exceptional candidates who, for a variety of reasons, miss out on tenancy but go on to become real assets to new sets. With a clearer and more transparent system, the entire profession stands to benefit.
Not a warning, but a message of hope. Charlotte McDonald reflects on not being taken on, moving chambers and finding success – with a call for greater transparency in the process
Far-ranging month for the Chair of the Bar
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Marie Law, Director of Toxicology at AlphaBiolabs, outlines the drug and alcohol testing options available for family law professionals, and how a new, free guide can help identify the most appropriate testing method for each specific case
In this wide-ranging interview, Professor Jo Delahunty KC, Family Law KC of the Year, talks to Anthony Inglese CB about the values that shaped her, the moment she found her vocation and, in an intensely personal call to arms, why time is running out for the legal aid Bar
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Thomas Roe KC and Andrew O’Kola respond to an article by Dr Leonardo Raznovich (Counsel , October 2025) – ‘Privy Council colonialism? Piercing the constitutional veil’
Chair of the Bar reports back
The client’s best interests could be well-served by sharing the advocacy with junior counsel more often than you might think – Naomi Cunningham and Charlotte Eves explore some less orthodox ways to divide the speaking role
