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When I first set out to become a barrister, I knew that I had chosen a career path which was not only unfamiliar to my family (almost all of whom were teachers), but which did not typically afford the securities of employment – salary, paid holiday, pension, etc. – with which I was familiar through their work.
Even at university during a fortnight of work experience talks and presentations, only two were about the Bar, and neither were from the employed Bar. Trying to learn how to start a career as an employed barrister was like trying to learn how to become a TikTok sensation – it doesn’t happen when you are attempting to do it, and then one day you suddenly find yourself in the role, not sure of how you got there.
Today, we know that around 18% of all barristers are employed – although interestingly, a smaller proportion of employed barristers are ‘young’ ie in their first seven years of practice, as compared to the self-employed Bar (Life at the Employed Bar, February 2023, Bar Council). This suggests there is a lack of clarity about how to start a career at the employed Bar, rather than transition across from self-employed practice later in life.
To demystify this process, one must start by demystifying the distinction between the self-employed Bar and the employed Bar. The difference is not in the substance of the role – many in-house advocacy models operated by law firms effectively mirror chambers’ setups, with barristers conducting written and oral advocacy on instruction from fee earners. Other employed roles may have less of a focus on courtroom advocacy, just as some self-employed barristers have a papers-focused practice.
Nor can the employed Bar be distinguished from the self-employed Bar solely by the ‘securities’ I mentioned earlier. While the employed Bar is rightly praised for its financial security and flexible working patterns, being a barrister often requires hard graft at unsociable hours with an unavoidable impact on work-life balance to at least some extent. Arguably being a barrister – whether employed or self-employed – and wanting a 9-5 job you can leave at the door when you finish work, are incompatible.
What distinguishes the employed Bar from the self-employed Bar is, in my view, the need for two main skills: commercial awareness and teamwork.
Commercial awareness in this sense means being smart about how your role feeds into the interests Csuccess, so if an employed barrister gets a successful result in a particular case, they may then need to consider: can this be a useful training opportunity for my colleagues? Can we publish something about this result to showcase our firm’s talents? Will our clients benefit from more tailored feedback about this result?
Teamwork takes on extra importance as an employed barrister because you are working with clients, with colleagues and with friends. These are relationships you will build quickly and which will be sustained over time, if nothing else because they have to be, given your close working proximity. Working on a particular instruction might mean liaising with your instructing client, an insurer or other interested body, your professional client, a support team, a strategic oversight team, a business development team – all of whom will have valuable input, but in relation to a task which ultimately remains yours to complete. Managing those relationships is key to long-term success at the employed Bar.
It is these skills which are tested in the pupillage process. As to how, the precise nature of pupillage at the employed Bar will differ depending on the nature of the employer – the Crown Prosecution Service will offer a different experience to the Government Legal Service, which will in turn be different to pupillage in a law firm. However, each will typically start the same way – written application with a follow-up interview, often with a mock exercise element.
Employers will want to know the same thing – why them, and why you? Make sure you have researched the organisation you are applying for a role with, but have also considered what it is about you which makes you an attractive recruitment proposition. Experience in other employed roles is welcome, as are examples of extracurricular activities which showcase the two skills above.
I am fortunate enough to be part of the recruitment process for our pupil barristers, and am a pupil supervisor myself – for my part, I want to see someone who is dedicated to the cause; someone who welcomes the advantages that employment brings, while being realistic about the disadvantages. I want someone who sees the incredible opportunity I have had to take leading roles in cases from a very early stage in my career – notwithstanding the lack of direct financial incentive.
One of our current pupils, Carle Aven-Kamal, provides a glimpse into the interview process and early days of pupillage:
I was motivated to apply for pupillage having enjoyed working at DAC Beachcroft as an advocate. I applied via application form and was invited to the first-round interview. This was a debate task on current events which I found very engaging. I was then invited to the final round interview in which I had to discuss recent judgments, make an application before the panel, and then answer questions. The panel consisted of members of 8DB including clerks and pupillage supervisors.
The structure of my general civil pupillage allows for two pupillage supervisors. The first six is split between each supervisor, allowing me to experience each barrister’s practice, which ranges from personal injury to property. As my pupillage is general civil, the work can often include areas of contract law and costs. I am also able to shadow different members of chambers, and everyone is very welcoming. In addition to court hearings, I undertake paperwork. This includes writing skeleton arguments and defences as well as research tasks. With any paperwork I complete I am provided with written feedback, including formal feedback on various pieces of work throughout pupillage.
My pupillage so far has involved interlocutory applications, fast track and multi-track trials. Attending these hearings often requires extensive travel but this is balanced with remote working and/or hearings. I have seen a variety of cases and styles of advocacy. A highlight for me was a hearing in the Royal Courts of Justice.
The employed Bar has so much to offer new graduates – to date, it has typically been able to sell itself with financial security and a greater work-life balance, but there is so much more that can be taken from a career at the employed Bar, starting with pupillage.
David Fardy is a barrister and associate at DAC Beachcroft. He is a pupil supervisor in 8DB, the in-house advocacy arm of DAC Beachcroft’s Claims Solutions Group.
When I first set out to become a barrister, I knew that I had chosen a career path which was not only unfamiliar to my family (almost all of whom were teachers), but which did not typically afford the securities of employment – salary, paid holiday, pension, etc. – with which I was familiar through their work.
Even at university during a fortnight of work experience talks and presentations, only two were about the Bar, and neither were from the employed Bar. Trying to learn how to start a career as an employed barrister was like trying to learn how to become a TikTok sensation – it doesn’t happen when you are attempting to do it, and then one day you suddenly find yourself in the role, not sure of how you got there.
Today, we know that around 18% of all barristers are employed – although interestingly, a smaller proportion of employed barristers are ‘young’ ie in their first seven years of practice, as compared to the self-employed Bar (Life at the Employed Bar, February 2023, Bar Council). This suggests there is a lack of clarity about how to start a career at the employed Bar, rather than transition across from self-employed practice later in life.
To demystify this process, one must start by demystifying the distinction between the self-employed Bar and the employed Bar. The difference is not in the substance of the role – many in-house advocacy models operated by law firms effectively mirror chambers’ setups, with barristers conducting written and oral advocacy on instruction from fee earners. Other employed roles may have less of a focus on courtroom advocacy, just as some self-employed barristers have a papers-focused practice.
Nor can the employed Bar be distinguished from the self-employed Bar solely by the ‘securities’ I mentioned earlier. While the employed Bar is rightly praised for its financial security and flexible working patterns, being a barrister often requires hard graft at unsociable hours with an unavoidable impact on work-life balance to at least some extent. Arguably being a barrister – whether employed or self-employed – and wanting a 9-5 job you can leave at the door when you finish work, are incompatible.
What distinguishes the employed Bar from the self-employed Bar is, in my view, the need for two main skills: commercial awareness and teamwork.
Commercial awareness in this sense means being smart about how your role feeds into the interests Csuccess, so if an employed barrister gets a successful result in a particular case, they may then need to consider: can this be a useful training opportunity for my colleagues? Can we publish something about this result to showcase our firm’s talents? Will our clients benefit from more tailored feedback about this result?
Teamwork takes on extra importance as an employed barrister because you are working with clients, with colleagues and with friends. These are relationships you will build quickly and which will be sustained over time, if nothing else because they have to be, given your close working proximity. Working on a particular instruction might mean liaising with your instructing client, an insurer or other interested body, your professional client, a support team, a strategic oversight team, a business development team – all of whom will have valuable input, but in relation to a task which ultimately remains yours to complete. Managing those relationships is key to long-term success at the employed Bar.
It is these skills which are tested in the pupillage process. As to how, the precise nature of pupillage at the employed Bar will differ depending on the nature of the employer – the Crown Prosecution Service will offer a different experience to the Government Legal Service, which will in turn be different to pupillage in a law firm. However, each will typically start the same way – written application with a follow-up interview, often with a mock exercise element.
Employers will want to know the same thing – why them, and why you? Make sure you have researched the organisation you are applying for a role with, but have also considered what it is about you which makes you an attractive recruitment proposition. Experience in other employed roles is welcome, as are examples of extracurricular activities which showcase the two skills above.
I am fortunate enough to be part of the recruitment process for our pupil barristers, and am a pupil supervisor myself – for my part, I want to see someone who is dedicated to the cause; someone who welcomes the advantages that employment brings, while being realistic about the disadvantages. I want someone who sees the incredible opportunity I have had to take leading roles in cases from a very early stage in my career – notwithstanding the lack of direct financial incentive.
One of our current pupils, Carle Aven-Kamal, provides a glimpse into the interview process and early days of pupillage:
I was motivated to apply for pupillage having enjoyed working at DAC Beachcroft as an advocate. I applied via application form and was invited to the first-round interview. This was a debate task on current events which I found very engaging. I was then invited to the final round interview in which I had to discuss recent judgments, make an application before the panel, and then answer questions. The panel consisted of members of 8DB including clerks and pupillage supervisors.
The structure of my general civil pupillage allows for two pupillage supervisors. The first six is split between each supervisor, allowing me to experience each barrister’s practice, which ranges from personal injury to property. As my pupillage is general civil, the work can often include areas of contract law and costs. I am also able to shadow different members of chambers, and everyone is very welcoming. In addition to court hearings, I undertake paperwork. This includes writing skeleton arguments and defences as well as research tasks. With any paperwork I complete I am provided with written feedback, including formal feedback on various pieces of work throughout pupillage.
My pupillage so far has involved interlocutory applications, fast track and multi-track trials. Attending these hearings often requires extensive travel but this is balanced with remote working and/or hearings. I have seen a variety of cases and styles of advocacy. A highlight for me was a hearing in the Royal Courts of Justice.
The employed Bar has so much to offer new graduates – to date, it has typically been able to sell itself with financial security and a greater work-life balance, but there is so much more that can be taken from a career at the employed Bar, starting with pupillage.
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