A career at the Bar

The Access to Justice Act 2000 made important changes to the legal system and to the way in which barristers work. In anticipation of these changes, the Bar Council set up a committee under the independent chairmanship of Sir John Collyear FREng to review education and training for the Bar. The committee was unanimous that the Bar should remain a profession of specialist advocates and should not seek to become a small profession of general practitioners. Further, it recommended that training for practice whether at the employed or independent Bar should be the same. The committee recommended that the Bar Vocational Course (BVC) should continue to have a very strong emphasis on the development of oral advocacy skills. A full report setting out the committee's views on the future form of training for the Bar can be seen at www.barcouncil.org.uk

Provisions

The provisions of the Act that affect the Bar are section 37, which will give employed barristers the same rights of audience as barristers in independent practice, and section 44 which provides that barristers employed in a solicitor's offices may provide legal services to the solicitor's clients. In addition, section 40 will permit the Bar Council to grant rights to conduct litigation - that is to undertake work in relation to the conduct of litigation that was exclusively done by solicitors. These provisions will have considerable implications for the future.

Self-employed practice

For those interested in becoming a barrister in independent practice, the Bar will remain essentially a referral profession. Therefore members of the public will not be able to consult a barrister without the intervention of a solicitor.

Competition for places in chambers and thus for entry to the independent Bar is fierce. There are probably only about 400 places available in chambers each year for new practitioners and this number depends upon the availability of appropriate work. Changes to the legal aid system may result in a reduction in the amount of work that is available to some sections of the Bar and this may reduce the numbers of new tenancies becoming available. Therefore, although the Bar may find alternative work, in the short-term some contraction in the size of the independent Bar should be expected.

Employed practice

The Access to Justice Act provides opportunities for an expansion in the work of the employed Bar as it gives employed barristers the same rights of audience as those in independent practice. Since August 2000, barristers who have completed pupillage and who enter employment, for example, in the CPS, are able to appear alongside their colleagues in independent practice in the higher courts. In addition, it is now possible for the whole of pupillage to be served in employment. In the longer term, these changes could lead to a significant increase in opportunities for barristers to practise their profession whilst in employment.

Employment with firms of solicitors

Until the Act was passed, barristers who worked with solicitors' firms were at some disadvantage. Although they could offer some legal services to the clients of their firm of solicitors, their rights of audience were the same as those of unqualified staff within the firm. Now a barrister who has completed pupillage and is employed in a firm of solicitors is able to appear in the higher courts on behalf of his employer's clients. It is difficult to say what effect this is likely to have on the two branches of the profession in the longer term. It may result in many more barristers being employed by solicitors and choosing to remain as barristers rather than seeking to transfer over to become solicitors/advocates.

Litigation

As far as litigation is concerned, the Bar Council will soon be able to give barristers the rights to conduct litigation which will enable them to act in the same way as solicitors. Such rights will not be granted to independent practitioners who will still have to act as a referral profession. However, the Bar Council will permit employed barristers who have undertaken appropriate training to conduct litigation, increasing the opportunities for barristers to practise in employment.

Finance

Finance continues to be a problem for those seeking a career as a barrister. Fees for the Bar Vocational Courses are high and government funding is not available to students on the courses. The Inns of Court have scholarships that are available to BVC students - details can be obtained from the Inns. As far as pupillage is concerned, the Bar as a whole spends approximately £5.2 million each year on pupillage awards. However, this money is not spread evenly over all students in pupillage. Some pupils may be fortunate enough to secure very high awards from sets of chambers whereas many others have to undertake an unfunded pupillage. The Bar Council is concerned about the financial plight of those coming to the Bar and proposes to introduce the compulsory funding of pupillage from January 2003.

The Future

The practising barrister of the future will be expected to demonstrate a commitment to continuing professional development by attending courses and training exercises throughout his or her career. Four years ago, the Bar Council introduced a compulsory scheme for all those entering practice and this will be extended to all practising barristers from 2002 onwards.

In the present climate, it is difficult to anticipate with any degree of certainty the future size of the Bar. There are some who believe that it will contract and that its work, especially that relating to advocacy, will be taken over by solicitors. However, a more realistic assessment is that the Bar will continue to flourish as a profession of advocates if it is prepared to take advantage of the opportunities that will arise in the future. One of the great strengths of the Bar of England and Wales has been its ability to adapt to changing circumstances and to exploit to the full opportunities that have arisen.

Nigel Bastin:

Head of Education & Training, The General Council of the Bar