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Practice area insight from Daniel Boal
A career at the personal injury/clinical negligence Bar offers the rewarding opportunity to work on cases involving serious, life-changing injuries. This is a practice area well-suited to aspiring barristers who are empathetic, personable and genuinely motivated to ensure that injured individuals receive fair compensation.
The factual background of cases in this area varies widely. Claims may arise from road traffic accidents, workplace injuries, slips and trips, clinical negligence, fatal accidents, assaults and more. Disputes often concern liability, the appropriate value of the claim or both. Barristers may act for the claimant (usually the injured party) or the defendant (often backed by insurers).
Junior barristers in this field are frequently in court, appearing in trials, application hearings and directions hearings. However, as their practice develops and shifts towards higher value work, they typically spend more time outside of court.
More experienced barristers who specialise in high-value personal injury or clinical negligence claims spend most of their time in conference with clients and medical experts, advising on the merits of claims, the value of a claim and tactics to adopt. They may also attend settlement meetings with the representative(s) of the other party and take an active role in negotiating a settlement outside of court.
There is no one-size-fits-all formula when recruiting pupils in this area, but there are several key qualities which chambers consistently value:
Interpersonal skills: This is a client-facing area of law. We look for professional, empathetic individuals who can communicate sensitively and effectively with seriously injured clients.
Intellectual ability: Barristers in this area regularly interpret and analyse complex medical evidence. They must apply legal principles to technical information and engage confidently with medical experts, many of whom are leaders in their respective fields. We look for candidates who can understand complicated information and apply legal principles to it correctly.
Advocacy skills: Strong oral and written advocacy skills are essential for any barrister. We look for individuals who possess the skills required to persuade judges on a particular point, to cross-examine a witness effectively and to communicate arguments clearly, logically and persuasively.
Commercial awareness: Achieving a good result for your client is not simply about winning or losing a case. A good barrister in this area understands what their client wants and provides appropriate advice accordingly. For example, in some cases, it may be more cost-effective for a defendant to settle a claim at an early stage in proceedings rather than incurring the cost of defending that claim all the way to trial. In other cases, however, there may be a specific reason for a defendant to refuse any offers of settlement and take a case to trial, even if this will be a costly exercise (e.g. where there is a suspicion that the claimant has brought a fraudulent claim). We look for individuals capable of adopting a pragmatic approach to litigation and understanding the commercial reality of a claim.
Resilience: While a career in this area is rewarding, it is demanding. Pupils and junior tenants can (at times) face heavy workloads and tight deadlines. We look for resilient, self-motivated and determined individuals who will be able to withstand the pressures of the self-employed Bar and build a successful practice.
Daniel Boal is a barrister at 18 St John Street Chambers in Manchester. He specialises in personal injury law and is a member of 18 St John Street’s pupillage committee.
A career at the personal injury/clinical negligence Bar offers the rewarding opportunity to work on cases involving serious, life-changing injuries. This is a practice area well-suited to aspiring barristers who are empathetic, personable and genuinely motivated to ensure that injured individuals receive fair compensation.
The factual background of cases in this area varies widely. Claims may arise from road traffic accidents, workplace injuries, slips and trips, clinical negligence, fatal accidents, assaults and more. Disputes often concern liability, the appropriate value of the claim or both. Barristers may act for the claimant (usually the injured party) or the defendant (often backed by insurers).
Junior barristers in this field are frequently in court, appearing in trials, application hearings and directions hearings. However, as their practice develops and shifts towards higher value work, they typically spend more time outside of court.
More experienced barristers who specialise in high-value personal injury or clinical negligence claims spend most of their time in conference with clients and medical experts, advising on the merits of claims, the value of a claim and tactics to adopt. They may also attend settlement meetings with the representative(s) of the other party and take an active role in negotiating a settlement outside of court.
There is no one-size-fits-all formula when recruiting pupils in this area, but there are several key qualities which chambers consistently value:
Interpersonal skills: This is a client-facing area of law. We look for professional, empathetic individuals who can communicate sensitively and effectively with seriously injured clients.
Intellectual ability: Barristers in this area regularly interpret and analyse complex medical evidence. They must apply legal principles to technical information and engage confidently with medical experts, many of whom are leaders in their respective fields. We look for candidates who can understand complicated information and apply legal principles to it correctly.
Advocacy skills: Strong oral and written advocacy skills are essential for any barrister. We look for individuals who possess the skills required to persuade judges on a particular point, to cross-examine a witness effectively and to communicate arguments clearly, logically and persuasively.
Commercial awareness: Achieving a good result for your client is not simply about winning or losing a case. A good barrister in this area understands what their client wants and provides appropriate advice accordingly. For example, in some cases, it may be more cost-effective for a defendant to settle a claim at an early stage in proceedings rather than incurring the cost of defending that claim all the way to trial. In other cases, however, there may be a specific reason for a defendant to refuse any offers of settlement and take a case to trial, even if this will be a costly exercise (e.g. where there is a suspicion that the claimant has brought a fraudulent claim). We look for individuals capable of adopting a pragmatic approach to litigation and understanding the commercial reality of a claim.
Resilience: While a career in this area is rewarding, it is demanding. Pupils and junior tenants can (at times) face heavy workloads and tight deadlines. We look for resilient, self-motivated and determined individuals who will be able to withstand the pressures of the self-employed Bar and build a successful practice.
Practice area insight from Daniel Boal
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