Frances Gibb, Legal Editor
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The numbers of students who can train as barristers could be capped in a move by the profession to reduce wastage and widen its appeal to the best from all backgrounds.
A committee set up by the Bar Council under the law lord Lord Neuberger is examining whether to limit the number of graduates allowed to take the costly Bar Vocational Course (BVC), which is the first step to becoming a junior barrister.
The move was proposed in an interim report yesterday as part of a move to make the Bar more representative of Britain at large.
At present it remains overwhelmingly independent-school and Oxbridge dominated, with 80 per cent of barristers from the top socio-economic backgrounds.
Other options include: making would-be barristers take a new aptitude test; a higher entry threshold and changes to funding.
Lord Neuberger, chairman of the working party which produced yesterday’s interim report, said: “The fact that the Bar is a very competitive profession certainly does not mean that it should only recruit from the social or economic elite.
“But there is a perception among the less well-off that the Bar is a place for people from public school and Oxbridge.”
Of the wide-ranging reform package to encourage the brightest people from all walks of life into a Bar career, he said: “This is an idea whose time has come.”
He denied that restricting access to the BVC would increase elitism rather than reduce it.
“We are concerned there may be an argument that too many people are doing the BVC,” he said.
“Some of the recommendations and ideas we are looking at could be directed at reducing the number of people - and at first sight there is a contradiction there.
“But it is not a contradiction. What we are trying to do is ensure that the people who are best equipped to be a barrister seek to do the BVC.”
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Being one of the international students who did BVC, I don't see how we who took BVC can be considered as wastage because although not many of us manage to get a place to do pupillage in UK but i believe most of us do put what we learned in the Bar school to good use upon returning to our home country.
Nich, Bristol, UK
Having done the BVC, I can't help but feel that BVC providers should limit the number of places but not just to widen its appeal to all backgrounds. The number of places available on the course does not reflect the number of Pupillages that are offered a year. Whilst I appreciate that not everyone that undertakes the BVC a) completes it successfully and b) goes into a career as a Barrister, the majority do undertake it only to come out the other end with a huge debt to pay off and somewhat false hopes that there are anywhere near enough jobs to go round.
Abigail, London,
It is typical isn't it that the very people who have succeeded under the system want to change things.
Typical new labor tosh.
Tosh Potts, London,
I also took and passed the admission test for the ICSL. I thought it was good. You couldn't prepare for it before hand so at least it meant that those of us who passed showed aptitude. Probably the worst thing was franchising out the Bar Course and scrapping the admission test.
Jennifer, London, UK
The BVC is flawed in three respects. First, it is prohibitively expensive for many would-be barristers, and puts off many from poorer backgrounds. Second, it is not nearly selective enough: 60-70% of those who successfully complete the course will fail to gain pupillage. As a consequence of failing to set a high entry standard, the course has been watered down. Finally, the BVC is far longer than is necessary to teach what are essentially presentational skills.
In my view the solution is self-evident. Obtaining pupillage should be a prerequisite for the BVC. This would provide some level of financial security for students who would otherwise be dissuaded by the high fees. It would also raise the average ability of BVC students, enabling them to progress through the course much faster as a whole. This, in turn, could lead to the BVC being compressed into a fraction of the time, thereby reducing the fees. Chambers could then adjust pupillage dates to accommodate this.
James Weale, London, London
As a mature student about to embark on a BVC without an Oxbridge education I find myself continually questioning my ability despite a successful business career already behind me. The competition for pupillage will continue right up until the point at which solicitors get automatic rights of audience (as suggested by the Solicitors Regulation Authority recently). When this happens the BVC and pupillage will be abandoned in droves in favour of qualifying as a solicitor and the job security entailed with that route. If the Bar continues to stick with the outmoded business model of self-employed barristers forming collective chambers then in time they will simply be out-competed by cheaper (but possibly not inferior) firms of solicitors. The Bar's main aim will need to be the maintenance of excellence in standards of advocacy (regardless of who the advocate is) and Barristers will need to create or become part of larger legal companies or partnerships. The Bar MUST act now!
Nigel, Newcastle, UK
I took the BVC in the only year an admission test was used (1996 entry). Furthermore, there was only ONE institution at the time that offered the BVC and I do not recall that the test did much to improve the level "playing fields"! *Pause* What level playing field, anyway? Is it the one that allows the bright and able to obtain pupillage? If yes, the entry test did not do much in that area. I vaguely recall there were still too many of us at Bar School (the ICSL) all vying for the few pupillage places and some able students with wrong faces unable to obtain pupillage and having to re-qualify as solicitors. This new initiative will change nothing.
Annie, Cambridge, UK
I am a former BVC student called to the Bar in 2005. A great feature of the UK Education system is that of diversity. If international students are indeed 'wastage' and barred from BVC in accordance with the general rule for the purpose of making the BVC efficient, I feel a great historical feature of this system, that of being diverse would be overshadowed by a desire to be 'wastage-free'. Additionally, it would affect the right of international students to get the same level of training which would now only be given to people from a restricted group in a rather discriminatory manner, which would create a feeling of 'left-outs' amongst foreigners especially those from Commonwealth countries. A reason why BVC is highly respected, regarded and recognized globally is the success of these foreign students, who after completing the BVC, go on to establish successful legal practitioners, some even using the skills to become orators and heads of governmments, like Mr. Bhutto (P.M. Pakistan)
Danish, Rawalpindi,
I believe with the implementation of this system, the prospect of international students hoping to obtain a barrister title would be dimmer.
Albeit it is practical to implement a system that would reduce wastages, it is detrimental and oppressive to international students who has a law degree in the UK.
If the number international students that wish to do the BVC is reduced because we are wastages, it would be like inviting us to dinner and not serving us desserts since we will never come back for dinner.
The BVC is like the 4th year of the law degree in UK, ousting international students from doing the BVC would prevent us from having a complete English Law Degree, equipped with the advocacy and court skills.
If it is so, might as well exclude all international students from doing the LLB as we will never be completing it nor have the full package that we seek anyway.
It will be a great disappointment to those who are capable to do BVC but could not do so because of the cap.
Nicholas, Kuala Lumpur, Malaysia
I am an international student who is reading English Law in the hopes of completing the BVC and to acquire the highly prestige title of Barrister-At-Law. It would be a shame if these recommendations are to come to force, as i would be considered as one of the 'wastages' of the system as i would be highly unlikely able to offer my service in UK.
This brings the question of why did we pursue our law degree in UK in the first place if the system is going to be so bias unto us (international students)? Why do we even bother learning about a foreign legal system if it not for the title? It would be stupid and senseless if it comes to that. I deem it to be a system where UK sucks our money and leave us bone dry in this sense as a foreign law degree holder will need to sit for a Certified Legal Practitioner CLP) exam. The CLP is discriminatory unto foreign degree holder as it is almost impossible to pass as it has a 90% failure rate. Thank you UK for leaving student like me out dead.
Adrian Tan, Petaling Jaya, Malaysia