Training for Barristers in England and Wales

The academic stage usually consists of either a law degree or a degree in another subject supplemented by a one-year 'conversion course'. This could take the form of the Common Professional Examination (CPE) or a diploma in law. You will normally need to have a minimum of a 2.2, whether your degree is in law or not.

During the academic stage you will have to study foundations of legal knowledge. If your law degree does not cover all of these, for example, if you choose other options or if you study law with another subject, you will have to complete the relevant parts of the CPE or diploma before passing on to the next stage of training. If you are following a modular degree program in, for example, combined studies, you should consult your tutor to ensure that the 'pathway' you follow will meet the Bar's requirements.


Joining an Inn

Before passing on to the next stage, it is recommended that you should become a member of an Inn of Court (although you may have done so at an earlier point in the academic stage). You can only apply to join one Inn. All offer roughly the same support: a library, educational activities, mooting societies, somewhere to eat, common rooms, gardens. More importantly they all have a senior member of staff to deal with students and pupils. The Inns all run sponsorship schemes too. These link students with senior barristers in relevant areas of specialization - another valuable source of information.

Your choice of Inn may therefore be guided by issues such as atmosphere and character or, on a more practical note, the number and size of scholarships and awards on offer. Different Inns have different awards and scholarships to suit different needs.

Mini-pupillages

During the academic stage of training, you should try to get some further insight into the work of a barrister. You do this through mini-pupillages - two or three are probably sufficient. These usually take the form of a week's work experience and work shadowing: reading papers, discussing cases, attending court - even completing some written work. Mini-pupillages are an important part of deciding whether life as a barrister would suit you and, if so, which areas of specialization interest you. In some chambers, they may form part of the selection process for real pupillages. If you don't do a mini-pupilage, for whatever reason, you should at the very least aim to attend court a few times.

The vocational stage consists of a one-year course; the Bar Vocational Course (BVC). Traditionally, the BVC has been available at only one institution, the Inns of Court School of Law in London. However, since September 1997 it has also been offered by a few, carefully selected institutions in other parts of the country. Applications are made through a centralized clearing system known as CACH (Centralised Applications and Clearing House), and it is also possible to do the course on a part-time basis over two years.

You should aim to gain as much relevant experience and knowledge as you can during the vocational stage. This might include: debating, mooting (holding mock trials), and work for a Citizens' Advice Bureau or the Free Representation Unit, attending court, marshalling (shadowing a judge) and further mini-pupillages.

Course content

Unlike the courses which make up the academic stage of training, the Bar Vocational Course places a 60 per cent emphasis on skills, with only 40 per cent of the year's work covering knowledge. The other major elements of the course are professional conduct and two specialist options.

In many classes students play an active part, which often involves role-playing exercises. They may find themselves interviewing one another, negotiating solutions to legal problems, even enacting court procedures, as well as drafting documents and written recommendations. Some exercises may be based on briefs similar to those that barristers deal with in the early years of practice. Both the skills and knowledge elements of the course emphasize the need for a professional approach to work. To lay the foundations for this, the course will include classes on professional conduct.

Pupilage

Pupilage generally takes one year, although it is split into six-month periods or 'sixes'. You can choose to do your first and second sixes at two different sets of chambers rather than one if you wish. Neither route guarantees that you will obtain a tenancy (a permanent place in chambers). In fact 'third sixes', undertaken by those who fail to become tenants at the first attempt, are becoming increasingly commonplace. At present, there are a small number of pupillages at the employed Bar (that is, work as a legal adviser for an employer, rather than in independent practice).

Training and experience

All pupils are assigned to one or more pupilmasters or pupilmistresses, experienced barristers who organize training, allocate work and assess performance. pupillages also give chambers the opportunity to assess pupils with a view to ensuring that they become effective practitioners.

Pupilage is hard work. The first six generally consists of observing and assisting your pupilmaster or pupilmistress and other barristers from chambers. There will be a great deal of research, together with document writing and document reading. At the end of a satisfactory first six, you receive a certificate enabling you to take on work of your own. The transition to the second six is therefore significant. This is where you start to build your own reputation. You have cases of your own, clients of your own, court appearances on your own -resulting in cases won or cases lost.

A certain amount of training takes place outside the environment of chambers. The Bar Council requires all pupils to attend two compulsory courses. The first gives further training in advocacy and the second practical help with managing a practice, including advice on financial issues. There are also voluntary, but highly recommended courses in accountancy and EU law.

Money matters

Nowadays, chambers fund over half of pupillages, occasionally to levels comparable with graduate starting salaries in other fields. The Inns of Court also provide a limited number of awards for members in their pupilage year, while the Bar Council offers a small number of interest-free loans. You may get the opportunity to supplement these sources of funding through work of your own during your second six. However, you may have accumulated large amounts of debt during the academic and vocational stages, and even if you get a tenancy, you will be looking forward to a future of self-employment which will not offer guaranteed levels of earnings.

You will therefore need to do some long-term financial planning well before you get to the pupilage stage. Don't count on getting substantial funding for pupilage - if anything at all.

Applying for pupilage

When applying for pupilage you should be guided first and foremost by the areas of practice which most interest you. You will find that some chambers cover a broad range of legal areas, while others are more narrowly specialized. Because you have to apply for pupilage so early (between the academic and vocational stages), it can be difficult to know exactly which areas of the law interests you. However, you will have the academic stage more or less behind you and you should have completed one or more mini-pupillages by the time you apply. There may also be pupilage fairs to help you find out more about several sets of chambers at once and to meet people you might be working with. The Bar Council publishes the Chambers, Pupillages and Awards Handbook, which gives potential applicants all the information they need, (see Useful addresses).

Applying for pupilage has been made easier and fairer by the introduction of PACH (the Pupilage Applications Clearing House) run by the Bar Council. This is a centralized system of applications, which forwards your details to up to 20 sets of chambers on completion of a simple disk-based application form. In addition, you can apply on an individual basis to the minority of chambers not participating in the scheme.

The other important feature of the PACH system is its synchronized timetable for applications, interviews, offers and acceptances. The advantage of the system is that potential pupils are not left to juggle offers of places, while waiting to hear from their first-choice chambers. Another benefit is that after the closing date for acceptances PACH operates a pool system to match applicants without places to chambers with unfilled pupillages.

Obtaining a tenancy

Although pupilage is the principal means by which chambers take on junior tenants, even a glowingly successful pupilage is no guarantee of a tenancy. Competition is intense. At the moment only about 60 per cent of those who make it to pupilage obtain tenancies. If you really are determined to make it as a barrister in private practice you may have to consider a third six. The important thing is not to lose heart.

Barristers in Scotland

A candidate for admission to the Faculty of Advocates is known as an 'intrant' and the Faculty publishes detailed Regulations for Intrants. An advocate is not only a member of the Faculty but also a member of the College of Justice and an officer of the Court. The procedure for admission of an intrant is subject in part to the control of the Faculty and in part to that of the Court. The first step, which is purely formal, is presentation of a petition to the Court via the clerk of the Faculty. The remit to the Faculty by the Court follows automatically and the prospective intrant may then proceed to matriculation. Before matriculating, the intrant must produce to the clerk of the Faculty a certificate of good character and provide references from two persons of standing in the community.

The period of professional training may, but need not be, undertaken before presentation of the petition. Prospective intrants are advised to enter into a training contract before they start their training so that they may, if they so wish, enter the solicitors' rather than the advocates' branch of the profession in due course.

Legal executives

Education, training and home-study schemes

Specialized education and training are needed to qualify as a legal executive. Most people study while they are working - by day release, evening classes or by taking a home-study correspondence course - combining study and examination with practical experience.

The Institute of Legal Executives' (ILEX) training scheme leads to a professional qualification in law and legal practice. To start on the road to becoming a legal executive, check you have the qualifications needed (the ILEX Education Department will advise).

Enrolling as a student with the Institute

To enroll as a student with the Institute of Legal Executives you will need to have at least four GCSE passes at grades A, B or C. The subjects must include English language, English literature or English, and other passes must be drawn from a list of approved subjects provided by the Institute. Passes in only three approved GCSE subjects will be accepted, provided English is included and at least two of the subjects have been passed at A-level. The Institute may also accept other public examinations as evidence that a satisfactory educational level has been reached and, in the case of prospective mature students over the age of 25, the Institute may waive the basic educational requirement if it is considered that the individual has sufficient professional, business, commercial, academic or other experience. The Institute also now offers a Preliminary Certificate in Legal Studies, as an alternative to GCSEs, for those who cannot meet the minimum educational requirement, or who want some introductory legal studies.

There are three stages of qualification. Students commence their academic training by taking a series of courses which cover most of the areas of law and legal practice encountered in the legal profession. Although most students work in a legal environment while studying part-time, this is not a requirement. Students apply for enrolment into the Membership grade of ILEX on successful completion of Parts I and II of the Membership examination.

To achieve the full qualification of Fellow, Members of ILEX must be at least 25 years of age and have had five years' experience in a legal office (including at least two years after passing all the examinations).

Examinations

The Membership examination is set at two levels. Part I is usually taken over a period of two years. Four papers cover the English Legal System and essential elements of law and practice. The standard of these papers is comparable with GCE A level. Part II is usually taken over a period of two years. Four specialist papers must be passed, three in law and one in related legal practice. The Law papers are set at degree level. Exemptions may be granted from the examinations if a student has already passed other examinations of comparable standard and similar syllabus content, for example students with a recognized law degree are exempted from the law elements of the Part I and Part II membership examinations. Other qualifications in law at degree level or GCE A-level can give exemptions on a subject-for-subject basis.

You may also opt for a college course (they start in September every year) or a home-study course provided by ILEX Tutorial Services.

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