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Education & training |
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Student Barrister
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There are three ways to gain access to the vocation stage to becoming a
barrister.
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By having at least a second-class honours law degree. There are no
exceptions, also the law degree must be a "qualifying law degree" or
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By completing the Common Professional Examination (CPE) after having completed a
degree in another subject, or
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By following an approved Graduate Diploma in Law (GDL) after having completed a
degree in another subject.
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Qualifying law degree |
Not all law degrees are sufficient, the law degree must be a "qualifying law degree",
which will normally comprise the core subjects of:
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European Law
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Public Law
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Equity and Trusts
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Property Law
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The English Legal System
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Contract Law
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Criminal Law
Some universities are now offering four year "Exempting Degrees" that include the Bar
Vocational Course or the Legal Practice Course. These are claimed to be
cheaper and better.
See Northumbria University prospectus
here.
LNAT
The National Admissions Test for Law
(LNAT) was conceived in 2003 by a group of eight leading universities, including
Oxford, Cambridge and University College London (UCL), to provide an additional
means of differentiating between candidates for their highly competitive law
degree courses who had scored top grades at A-Level.
The group has now grown to 10 universities:
Birmingham, Bristol, Cambridge, Durham, Exeter, Glasgow, King's College London,
Nottingham, Oxford, UCL.
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Vocational stage |
The Bar Vocational Course
(BVC), a one year course costs up to £10,000 for tuition alone.
50% of BVC students are male, 18% of ethnic origin.
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Must
join one of four Inns of Court |
Before
being called to the Bar a student barrister must join one of the four
Inns of Court which are:
Middle Temple
Inner Temple
Lincoln’s Inn
Gray’s Inn
The Inns are responsible for "calling
to the Bar" the newly qualified barrister.
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Must "keep terms"
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A student
barrister must keep terms at his Inn. This can mean on at least twelve occasions
dining at his/ her Inn before being called to the Bar.
Keeping terms can also include training sessions or training weekends.
Dining is declining. |
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Must
secure pupillage funded by chambers |
Only about 20% of newly qualified barristers secure a
pupillage .
A pupillage lasts 12 months (or can
be two six month pupillages).
In Edmonds v Lawson [2000] CA
it was held that there is no requirement for a pupil to be paid,
but a Bar Council scheme requires chambers to offer pupils a minimum of £10,000
a year, some offer £40,000 to the best candidates.
Pupil funding is based on sets of chambers
wishing to attract the best candidates.
Under
The Employment
Equality (Age) Regulations 2006 there can be no discrimination against an
applicant for pupillage on the grounds of age.
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Bar Council pupillage website |
The Bar Council has provided a comprehensive focal
point for would be pupils and chambers offering pupillages.
Web site here |
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Pupil master |
The pupil
master trains the pupil barrister the pupil master will always be an experienced barrister
approved by the Bar Council.
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Second
6 |
The
second 6 months of a pupillage is called the second 6th during which the pupil
barrister will be able to appear in court on behalf of clients after, and earn fees.
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Can be
done with a solicitor |
Recent changes to the rules allow pupillage to be undertaken in a solicitor’s office in certain circumstances.
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Tenancy or squatting |
After pupillage
the barrister must find a set of chambers from which to work.
Alternatively, if his/her
application to become a tenant at chambers of his choice he might "squat" in the
chambers where he finishes his pupillage until he is settled.
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Continuing Professional
Development
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New
barristers have to undertake forty-two hours of advocacy training in first three years of training.
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The Neuberger recommendations in
brief |
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Neuberger report |
In 2007
a 220-page report with 57 recommendations from the Law Lord, Lord Neuberger of
Abbotsbury was published on how to ensure recruitment to the Bar is based on
merit alone.
The report is available
here
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Law module in national curriculum |
There should be a new law module in the Personal
Social Health Education (PSHE) element of the National Curriculum.
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Course should be improved |
There is an urgent need to improve the course as
too many students are coming out with the 'very competent' grade when they are
'barely competent'. There are also too many students taking the BVC -- about
2,000 a year -- when there are only 500 pupillages on offer.
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BVC should be dependant on pupillage |
Applicants should know whether they have been
offered a pupillage before risking the loss of the deposit for the course.
Students are coming to the BVC with debts of
around £30,000 and face a cost for the year on the course, including living and
travel expenses, of about £25,000.
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English language requirement |
There should be an effective English
language entry requirement |
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2:1 degree should be minimum |
Research is needed on the impact of imposing a
2:1 BVC entry condition, given a third of current students have a 2.2 or a third
and very few of those will get pupillages. This would eliminate 600 potential
students a year.
However, the report warns that might impact on
students from disadvantaged backgrounds.
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Bar entry exam and loans |
The report also calls for an investigation as to
the feasibility of a Bar entrance examination, which is fair as between all
applicants;
a soft loan scheme to support study for and entry to the Bar
(now in place, see below);
and
the ability to convert the BVC into a Masters qualification to make it more
portable.
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More pupillages |
There should be more employed and other
pupillages, with a funding pool sponsored by the Government.
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Guaranteed income schemes |
There should be guaranteed income schemes for
barristers in their early years as well as mentoring
and support schemes for particular groups, such as women on maternity leave or
practitioners with disabilities.
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HSBC and Bar Council
act on Neuberger Report
Jan 2008 |
The
HSBC bank has teamed up with the Bar Council and the four Inns of
Court to offer bar loans to students intending to become a barrister in England
and Wales. The interest rate is an extremely low, just one per cent over HSBC’s
base rate.
The bar
loan scheme will be open to students that have obtained a place on the Bar
Vocational Course (BVC).
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The appointment of Queen's Counsel (QC) |
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Queen’s Counsel ‘QC’ |
A barrister will remain a ‘junior’ until he becomes a QC.
Any barrister or a solicitor may apply to the
independent Application and Selection Panel for Queen's Counsel to become a Queen’s Counsel (QC).
Otherwise known as a ‘Silk’, from a QC’s right to wear a silk gown in court.
Becoming a QC is a mark of professionalism and status but competence is not guaranteed.
Ultimately, a barrister will probably
seek promotion to the judiciary.
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May 2003
Lord Chancellor suspended promotion to QC |
The Office of Fair Trading branded the old system
of selection obscured by "secret soundings" and the perceived privilege it represented, as a restrictive practice.
It
was alleged that the rank of QC operated as an
unaccountable means of entry into the judiciary that failed to reflect the
diversity of the profession, let alone wider society, by favouring certain
groups.
In addition, it served to
artificially inflate legal fees.
An Office of Fair Trading report, 'Competition in the
Professions', lead to the current system of promoting QCs
However, a working party representing the judiciary from top to
bottom, excluding law lords, announced that the QC system was not simply a
quality mark, but "an important part of the machinery of justice".
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Solicitor QCs |
Only one solicitor was made a QC in 2003 out of a
record 121 appointments.
This brings the total number of solicitor QCs to eight since they were allowed
to apply in 1996.
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Application and Selection Panel - appointed by the Queen
Website here |
The public competition for appointing Queen's Counsel (QCs) was introduced in
England and Wales on 19 July 2005, an independent panel - Queen’s
Counsel Appointments - now makes the selection,
which is approved (or not) by the Lord Chancellor and passed to the Queen for
approval.
Previously, the Lord Chancellor recommended barristers (and solicitors) for
appointment by the Queen following consultation with judges and senior
practitioners (traditionally this would occur on Maundy Thursday).
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Only
barristers and solicitors with higher rights of audience should apply |
Eligibility Requirements
Applicants must be either
(a)
called to the Bar of England and Wales and have a current practising
certificate; or
(b) a
solicitor of the Supreme Court of England and Wales, with Higher Court rights of
audience under the Courts and Legal Services Act 1990 and have a current
practising certificate.
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Seven headings, self assessed |
Under the new scheme, which was developed by the Bar Council and Law Society,
applicants will assess their own suitability to take silk under seven headings:
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Integrity
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Understanding and use of the law
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Analysis of case material
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Persuasiveness
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Response to the development of a case
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Working with the client
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Teamwork.
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12
judicial referees |
Applicants must provide the names of referees who have recently seen them at
work, including 12 judges or arbitrators, fellow practitioners or professional
clients.
The fee for successful applicants £4,050 (QC's in previous years were earning
not less than £120,00).
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Constitution of the selection panel |
The Selection Panel includes a retired senior judge and other eminent persons
drawn from the law and lay professions.
The Secretary of State for Constitutional Affairs (the Lord Chancellor) will
transmit the panel's recommendations to the Queen.
The procedure
whereby a
barrister Member of Parliament who becomes a Minister is automatically made a QC
appears
not to have been changed.
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First selection procedure - 2005 - attracts fewer minority ethnic candidates |
The new
transparent scheme for selecting QCs was meant to attract more minority ethnic
lawyers. It appears to have failed before it has started. Only 21 have applied
to become QCs a smaller proportion (5%) than under the old system.
It is thought that the fee of £1,800 paid on application has deterred black and
Asian lawyers, who are known to earn less than other lawyers. The £1,800 is not
refundable and as only one in four gets selected there is a considerable risk.
97% of the applicants were barristers.
Details here |
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So, you want to become a barrister? |
Read the "Task Force on Funding Entry to the Bar"
report by the Bar Council, which shows that new barristers start their pupillage
with £15,000 of debt, here.
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Barristers in Parliament |
In 1960 25% of the members of the Commons were
barristers and in 2001 the percentage was 5.2%. Despite this fall, the bar is
still well-represented in government.
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