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Zulfikar Khayum sets out the key considerations for those contemplating a career at the commercial Bar
I knew little about the commercial Bar and what working as a commercial barrister would entail when studying for my degree. Fortunately, it transpired that seeking a commercial law pupillage was the best decision I could have made as it has led me on to a career which is challenging and highly rewarding.
Pupillage at a commercial set of chambers is an extremely sought after position and by reason of the ratio of extremely well-qualified applicants to available places, can be fiercely competitive. I hope the below considerations are useful to those thinking about applying to the commercial Bar.
It bears remembering that commercial law is an extremely broad term, often meaning little more than the law which applies to business and financial disputes. As such, commercial law covers numerous aspects of civil law across a number of sectors and contexts. This means commercial barristers often deal with the law of contract, tort, restitution, property, insolvency, company, insurance, the conflict of laws and many others. This can relate to disputes in the areas of banking, insurance and re-insurance, sale of goods, commercial fraud, shipping, aviation, construction, financial services regulation and many others.
A number of chambers at the commercial Bar cover a broad range of commercial law practice areas while other chambers and individual barristers often specialise to varying degrees. The day to day and general professional life of a commercial barrister specialising in (say) banking law can be very different to a barrister specialising in construction disputes. It is therefore important to give some thought as to what it is about the ‘commercial Bar’ that is attractive to you and whether there is a particular field or specialism within it which is more aligned to your interests or professional aspirations.
You can research this not only by undertaking mini-pupillages but also by considering leading or current case law in the relevant area (BAILII helpfully lists decisions from the specialist courts such as the Commercial Court, the Mercantile Court and the Technology and Construction Court) as well as looking at practitioner textbooks in legal libraries. In addition, the Specialist Bar Associations such as COMBAR, LCLCBA, PBA and TECBAR can often be valuable sources of information and provide opportunities for mentoring, marshalling and scholarships.
A commercial barrister is a specialist legal practitioner often engaged in complex legal disputes commonly concerning multiple areas of law and frequently concerning international parties or context. Such disputes often raise complex issues of law in a wide range of differing factual situations such that there is usually great variety in the work undertaken even by those specialising in particular areas. Generally speaking, commercial cases are well-funded and on those cases which are particularly complex or where large sums are at stake, often involve other barristers and a team of solicitors. The ability to work well both individually as well as part of a wider team is important. Absent emergency matters, hearings are not last minute and are generally more infrequent than in other areas of law but with final hearings and trials lasting much longer.
Being self-employed gives greater control over when and how you work compared to a commercial solicitor. However, there will be frequent occasions when you are required to work very hard and during trial preparation and hearings, it is not uncommon to find commercial barristers working very long consecutive days and weekends. Being self-motivated and having the ability to work efficiently under pressure is important and something that commercial chambers look for.
The nature of the work, especially in specialist practice, means that junior barristers are often given a great deal of responsibility, including advising on how cases should be run, and can often appear on their own account in cases against much more experienced general counsel. Even in larger hearings, there is now much more emphasis on allowing even very junior commercial barristers to undertake an advocacy role. As a barrister, advocacy remains key and clients will generally turn to the Commercial Bar to fulfil this function. Written advocacy can be just as important as oral advocacy in this area of law and is often more frequently deployed.
The commercial Bar offers a great deal of opportunity to further specialise or focus your practice on areas of interest. As a construction barrister, for example, my practice is varied but has focused on large international arbitration disputes often governed by foreign law and often with hearings taking place internationally. Many construction disputes raise complex technical and/or engineering issues as well as issues relating to delay and quantum related matters which often involve expert witnesses. An understanding of the factual context in which such issues arise is also crucial. As such, getting to grips with such matters is often just as critical as the relevant legal principles and cross-examination of both factual and expert witnesses can play a very important role. This may not appeal to you or could be very different to other areas of commercial law practice. It is therefore important to try and gain an understanding of what may differentiate areas of commercial practice.
It can be daunting to look at the CVs of junior tenants at the top commercial sets and there is no getting away from the fact that commercial sets of chambers do prize evidence of high intellectual ability. One way of demonstrating this is academic achievement and so obtaining the best degree you can from a university of repute will always stand you in good stead. Many applicants also undertake post-graduate degrees although there is no necessity to do so. However, qualifications are not the only way to demonstrate intellectual ability and potential for success. This can be demonstrated in other ways, for example through receipt of merits-based scholarships from organisations such as the Inns of Court; success in extra curricular activities; and participation in entrepreneurial endeavours. Many successful practitioners at the commercial Bar have come from other careers and/or did not attend Oxbridge.
Most commercial chambers are focused on seeking the widest range of applicants from diverse backgrounds and take into consideration wider challenges faced by applicants in trying to select the best candidates in a meritocratic way. This militates against adopting a cookie-cutter approach. Barristers are individualistic and have a wide range of personalities and backgrounds. There is no basis to consider you would not ‘fit in’: there are commercial barristers who prefer Wireless to Glyndebourne and Andy C to Rachmaninoff. Showing some personality is no bad thing.
Commercial sets are keen to ensure applicants are aware of what being a commercial barrister entails and are aware of the sort of practice areas its barristers are involved in. It is vital that applicants are familiar with this and have some idea of what this might involve. Some of the key attributes and skills sought by commercial chambers include: the ability to analyse complex facts or problems and think through problems in a clear and analytically relevant way (often demonstrated by consideration of a ‘problem question’ at interview); the potential to be a successful advocate both orally (demonstrating the ability to clearly present reasoned and structured argument to a focused end and being able to deal with challenge) as well as in writing (showing through a written piece or your application that you can write well and convincingly); having the confidence and interpersonal skills to indicate the ability to forge relationships with peers, instructing solicitors and lay clients from a variety of backgrounds; and resilience and dedication – not only generally with respect to a career at the commercial Bar but specifically with respect to undertaking and completing difficult tasks under pressure.
If you consider you have the skills and aptitude for practice at the commercial Bar, it is a unique career which is stimulating, challenging, financially rewarding and hugely enjoyable. I could not recommend it more highly.
I knew little about the commercial Bar and what working as a commercial barrister would entail when studying for my degree. Fortunately, it transpired that seeking a commercial law pupillage was the best decision I could have made as it has led me on to a career which is challenging and highly rewarding.
Pupillage at a commercial set of chambers is an extremely sought after position and by reason of the ratio of extremely well-qualified applicants to available places, can be fiercely competitive. I hope the below considerations are useful to those thinking about applying to the commercial Bar.
It bears remembering that commercial law is an extremely broad term, often meaning little more than the law which applies to business and financial disputes. As such, commercial law covers numerous aspects of civil law across a number of sectors and contexts. This means commercial barristers often deal with the law of contract, tort, restitution, property, insolvency, company, insurance, the conflict of laws and many others. This can relate to disputes in the areas of banking, insurance and re-insurance, sale of goods, commercial fraud, shipping, aviation, construction, financial services regulation and many others.
A number of chambers at the commercial Bar cover a broad range of commercial law practice areas while other chambers and individual barristers often specialise to varying degrees. The day to day and general professional life of a commercial barrister specialising in (say) banking law can be very different to a barrister specialising in construction disputes. It is therefore important to give some thought as to what it is about the ‘commercial Bar’ that is attractive to you and whether there is a particular field or specialism within it which is more aligned to your interests or professional aspirations.
You can research this not only by undertaking mini-pupillages but also by considering leading or current case law in the relevant area (BAILII helpfully lists decisions from the specialist courts such as the Commercial Court, the Mercantile Court and the Technology and Construction Court) as well as looking at practitioner textbooks in legal libraries. In addition, the Specialist Bar Associations such as COMBAR, LCLCBA, PBA and TECBAR can often be valuable sources of information and provide opportunities for mentoring, marshalling and scholarships.
A commercial barrister is a specialist legal practitioner often engaged in complex legal disputes commonly concerning multiple areas of law and frequently concerning international parties or context. Such disputes often raise complex issues of law in a wide range of differing factual situations such that there is usually great variety in the work undertaken even by those specialising in particular areas. Generally speaking, commercial cases are well-funded and on those cases which are particularly complex or where large sums are at stake, often involve other barristers and a team of solicitors. The ability to work well both individually as well as part of a wider team is important. Absent emergency matters, hearings are not last minute and are generally more infrequent than in other areas of law but with final hearings and trials lasting much longer.
Being self-employed gives greater control over when and how you work compared to a commercial solicitor. However, there will be frequent occasions when you are required to work very hard and during trial preparation and hearings, it is not uncommon to find commercial barristers working very long consecutive days and weekends. Being self-motivated and having the ability to work efficiently under pressure is important and something that commercial chambers look for.
The nature of the work, especially in specialist practice, means that junior barristers are often given a great deal of responsibility, including advising on how cases should be run, and can often appear on their own account in cases against much more experienced general counsel. Even in larger hearings, there is now much more emphasis on allowing even very junior commercial barristers to undertake an advocacy role. As a barrister, advocacy remains key and clients will generally turn to the Commercial Bar to fulfil this function. Written advocacy can be just as important as oral advocacy in this area of law and is often more frequently deployed.
The commercial Bar offers a great deal of opportunity to further specialise or focus your practice on areas of interest. As a construction barrister, for example, my practice is varied but has focused on large international arbitration disputes often governed by foreign law and often with hearings taking place internationally. Many construction disputes raise complex technical and/or engineering issues as well as issues relating to delay and quantum related matters which often involve expert witnesses. An understanding of the factual context in which such issues arise is also crucial. As such, getting to grips with such matters is often just as critical as the relevant legal principles and cross-examination of both factual and expert witnesses can play a very important role. This may not appeal to you or could be very different to other areas of commercial law practice. It is therefore important to try and gain an understanding of what may differentiate areas of commercial practice.
It can be daunting to look at the CVs of junior tenants at the top commercial sets and there is no getting away from the fact that commercial sets of chambers do prize evidence of high intellectual ability. One way of demonstrating this is academic achievement and so obtaining the best degree you can from a university of repute will always stand you in good stead. Many applicants also undertake post-graduate degrees although there is no necessity to do so. However, qualifications are not the only way to demonstrate intellectual ability and potential for success. This can be demonstrated in other ways, for example through receipt of merits-based scholarships from organisations such as the Inns of Court; success in extra curricular activities; and participation in entrepreneurial endeavours. Many successful practitioners at the commercial Bar have come from other careers and/or did not attend Oxbridge.
Most commercial chambers are focused on seeking the widest range of applicants from diverse backgrounds and take into consideration wider challenges faced by applicants in trying to select the best candidates in a meritocratic way. This militates against adopting a cookie-cutter approach. Barristers are individualistic and have a wide range of personalities and backgrounds. There is no basis to consider you would not ‘fit in’: there are commercial barristers who prefer Wireless to Glyndebourne and Andy C to Rachmaninoff. Showing some personality is no bad thing.
Commercial sets are keen to ensure applicants are aware of what being a commercial barrister entails and are aware of the sort of practice areas its barristers are involved in. It is vital that applicants are familiar with this and have some idea of what this might involve. Some of the key attributes and skills sought by commercial chambers include: the ability to analyse complex facts or problems and think through problems in a clear and analytically relevant way (often demonstrated by consideration of a ‘problem question’ at interview); the potential to be a successful advocate both orally (demonstrating the ability to clearly present reasoned and structured argument to a focused end and being able to deal with challenge) as well as in writing (showing through a written piece or your application that you can write well and convincingly); having the confidence and interpersonal skills to indicate the ability to forge relationships with peers, instructing solicitors and lay clients from a variety of backgrounds; and resilience and dedication – not only generally with respect to a career at the commercial Bar but specifically with respect to undertaking and completing difficult tasks under pressure.
If you consider you have the skills and aptitude for practice at the commercial Bar, it is a unique career which is stimulating, challenging, financially rewarding and hugely enjoyable. I could not recommend it more highly.
Zulfikar Khayum sets out the key considerations for those contemplating a career at the commercial Bar
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