Frances Gibb
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Is the Bar open to all? Or is it like the Ritz – only to those with means? In the past decade, the privileged precincts of the Inns of Court have become increasingly exclusive, as costs of training and student debt – plus lack of local authority grants – moves the Bar farther out of reach of the less well-off.
But the Bar, Lord Neuberger of Abbotsbury says, can flourish and retain public confidence only if diverse and inclusive. And that extends not just to gender, race, sexual orientation, religion and so on but “every bit as much to social, economic and educational circumstances and background”.
“There are a lot of able people who have gone through state schools but they don’t move in circles where they meet professional people and they don’t even think of the Bar as a profession.” The image of barristers being upper-class “with the gift of the gab in a sort of grand, old-fashioned theatrical way” puts people off if they come from backgrounds where their family and friends were not like that. If they do think of it, there is the worry of the cost and the uncertainty of a chambers place because of the huge attrition rate. “All this is likely to put off well-off middle-class people, never mind the less well-off.”
This week he publishes the results of a year-long inquiry into how to widen access to the Bar. His panel of 32 has produced a 350-page report with 57 recommendations to build on work being done by the Bar Council, the Inns and bodies such as the Sutton Trust that he hopes will prove “effective, coherent, affordable and practicable”.
It may also prove controversial. Hundreds of students a year do the one-year vocational training for the Bar and then cannot obtain pupillage (a training place in chambers); or if they do, cannot obtain a tenancy (permanent seat). Lord Neuberger believes that, in one sense, too many people are aspiring to the Bar, or “too many of the wrong people, because they’re not all of the high quality they should be”.
Should numbers be capped or restricted – and if so, how does that square with widening access? The report rules out a cap. But it does look at whether the Bar Vocational Course (BVC) should take only those with a 2:1 degree. The final (compromise?) proposal is to investigate this further, to ensure it would not be detrimental. In the meantime, course providers should tell those with 2:2s the blunt truth: that, for instance, of 437 students with 2:2s, only three obtained pupillage.
In general he is highly critical of the BVC as the stepping-stone to the profession. “When you look at the pass rate, very competent is seen as encompassing barely competent and competent is seen as encompassing hopeless.” The standard, he says, is simply not high enough – “quite a few should not be on the course” and those on it are dissatisfied with it.
The report also proposes a language aptitude test because too many embark on the BVC “when they have not got good enough English”. Again, there is concern that this may favour the middle classes. But Lord Neuberger believes a fair test can be devised. He also calls for a single BVC exam across England and Wales and wants it to qualify for a masters degree.
Lord Neuberger, now a law lord but a latecomer to the Bar after trying the City (he did three pupillages before securing a seat), has a host of other proposals that are less controversial or “motherhood and apple pie”: compulsory teaching in schools about the work of a lawyer; more placements of pupils in chambers for mini-pupillages; more work by the Bar and Inns to make contacts at nontraditional universities; a pupillages clearing house; sponsorship schemes for government and other employers; and pressure on chambers to provide more pupillages – even on lower pay; and training for those in chambers who select.
It comes down to fairness, he says. It is not right if less good middle-class people come to the Bar and good people from poorer backgrounds do not. But he is realistic. “We live in an unequal society and it’s perfectly true that we can’t change the world. If we aim at perfection, we are living in cloud cuckoo land. But the fact that inequality is endemic doesn’t mean we can’t try to do something about it.”
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I've always wondered why people are so quick to pair Oxbridge with class and not academic excellence -"to be a Barrister means that we should have an RP accent and obtained our degree's from oxbridge".
Discrimination, although it undoubtedly exists certainly does not exist in open conspiracy-esque form some seem to believe. Any talented individual with access to the internet and some self confidence stands a fair chance.
Doing well once there shows you have achieved at or above the top of you peer group (of course there will be excellent students at other universities just not at the same density).
Why is this not seen as a valid discriminating factor for a profession that is massively over subscribed and prizes academic ability?
DA, London,
Having read the comment by Rob Pragnell I have to say that I agree with him. There are too many providers, too much competition for too few pupillages. Many very intelligent people make it but many more do not. Add to this the changes to the fees for Criminal work and anyone with half a mind who is not independently wealthy will think twice about the Bar.
Seriously, and I speak from experience, if you are already heavily in debt, not Oxbridge, not well connected and have a 2.2 you are just wasting your moneyâ¦donât do it!!!
Jack Carter, London, UK
I completed the BVC this year throughout it felt as though the main entry criteria was your ability to pay fees and providing you could you were welcomed with open arms. The BVC is a business with more and more providers across the country churning out BVC graduates the competition for pupillage keeps getting fiercer.
Good grades and ability are not enough you must also demonstrate your commitment. So, for example, for a human rights chambers you will be expected to have volunteered with an appropriate organisation and for criminal law you should have done badly paid paralegal work.
If you come from a poor background or have crippling debts the temptation is to just give up the bar and go find a decently paid job elsewhere. For those that do not quit they must contend with the fact that most pupillages are so horrendously badly paid that they can expect to work long hours for less money then they would get at McDonalds. I havenât given up but I do sometimes think about it!
Rob Pragnell, London, England
Having seen the CV's early in my career (late 1980's) of quite a few barristers who are currently at the top of their profession , you would be surprised at how many have 2:2 degrees. This was not the case with solicitors in similar positions, at least, in city firms who invariably had better exam results given the emphasis on written work and not much else. Many people drifted to the Bar when they could not get articles. The success of the 2:2 barrister did demonstrate that the Bar was and perhaps still is a bit of a lottery in terms of skill sets and progression for a variety of reasons.Perhaps a 2:1 is easier to get nowadays, so this has all evened out although I recall that even then it was required.
M, Brussels,
I agree with Lord Neuberger. Having suffered the detriment of three pupillages before attaining a seat, it's easy to see the hurdles of the profession. I am currently in two frames of mind concerning my own progression in the field of law.
I am about to embark on the GDL in London, coming from a background in the social sciences. Looking around the class, one thing seems clear: Demand clearly out strips supply at the level of employment. It is daunting to think about the risks associated with studying law at this period. I have always maintained top marks in class, and it has been an ambition of mine to be a UK barrister. However, even though my parents can afford the cost, the competition is so fierce and the likelihood of attaining pupillage and tenancy so low, that it seems a much smarter route to go down the path of the LPC. I know many young poeple who feel the same way. It is much easier for a solicitor to qualify as a barrister nowadays, and it's a less riskier option.
Aneil, London/Kathmandu,
I agree totally with, "Mr Pineapples, London" - what is the point in complaining about the fact that a 2:1 is needed..?
Examinations are fundamental as indicators of academic capability, yes, but associated with that are so many more aspects that would be beneficial for future lawyers. Lowering the academic standard is not making the BVC more "accessible" - it is only diluting the reputation of those at the Bar and creating more grounds for potential reform plans, hence creating more of a fuss in the long run.
Law Student, Lincolnshire,
The title of this article "The Bar is simply not getting the best brains" is very misleading indeed. Of course it is.
The problem is that, as well as 'the best', the Bar is also attracting 'the rest'. This open door policy (wanted and supported by the OFT, because anything else would seem anti-competitive) has the result that many young people of modest or less ability run up thousands of pounds of debt with no hope of successful professional practice. It is a scandal that they are encouraged to do so.
The Bar is a very competitive profession for clever and self-motivated individuals. No-one suggests that - say - professional sport should be open to all, including those who can't demonstrate they can kick a ball. Why should the legal profession be different? The current profession is full of people who didn't have personal contacts, and who got there solely on ability.
See it like it really is!, London,
I do not believe that applying a compulsory 2:1 grade in order to gain a place on the BVC is going to help extinguish the amount of students not fitted to being barristers. I think the problem is the BVC and its problems in the past with accepting diversity of its applicants. Many students I know, including myself are put off by the idea that to be a Barrister means that we should have an RP accent and obtained our degree's from oxbridge. If the bar reduces its stiffness I do believe it would be possible for them to get the potential students who fit the criteria required. I must also add that those who are good at exams are not always the people who are most confident and able to give presentations, the bar should be looking for those who are more rounded. How many exams do we take while giving legal advice or performing advocacy?
Kayleigh Swain, Leeds , England
Such twaddle in some of these comments. Of course the standard has to be a minimum 2.1 . Those with a 2.2. are unlikely to get pupillage - so why lead them on with no hope.
I am a barrister and I can tell you that I admire my colleagues for their commitment and integrity.
Mr Pineapples, London, UK/London
Following on from some of the more controversial aspects of Lord Neubergerâs report, I feel that the Barâs present problems will not be solved by raising the academic bar for the BVC. By insisting that all those who apply have a 2:1 degree or above, you will not necessarily be pulling in the best advocates, merely the best exam takers. As the BVC is a vocational course (and therefore more reflective of the actual work a junior barrister will undertake), its thrust is understandably different from the academic courses that have come before. As someone who is undertaking the BVC at the moment, I have frequently seen fellow students with very impressive undergraduate degree results, failing to perform in advocacy based assessments as they are dragged outside of their comfort zone. A more holistic overview of a candidateâs professional (as opposed to academic) skills is whatâs needed to really ensure the best and most diverse candidates reach the Bar.
Alex, Bristol,
There is not enough work to go around. It is not about widening the scope of intake but widening the scope of the minds of the people who address the court. The system is built to be a pyramid of an elite few who prosper and the majority to wallow in obscurity and unemployment. The nature of the beast is about brown-nosing and sucking up to fancy, rich (not necessarity upper/middle or lower class) people. Its seen as a privileged profession which it is not, its a clock in clock out day job just like any other and must be marketed to a wider group of students as such. The image of the pompous pig-faced barrister exists because its basis lies in some degree of truth.
Geoffrey Sinclair, London,
I attained a 2:2 in my degree, due to extenuating circumstances, and yet still felt like I was one of the most capable advocates on the BVC course (excuse my lack of modesty). The 2:1 filter will not necessarily ensure the best applicants apply but further restrict diversity at the Bar. Pupillage committees need to look purely at an applicant's capability as a barrister, not his conformity to a list of attributes and credentials that are possessed soley by a specific social group. I have found that my best chance of obtaining a pupillage is emulating the behaviour and style of speech of a white middle-class Oxbridge graduate.
Muhammad, London, UK
Another call to make the Bar "diverse and inclusive" is exactly what it does not need. Chambers and the Inns alike are already working in frenzied paranoia to prove how diverse and inclusive they all are. This serves to frustrate the task of recruiting future advocates by adding another layer of analysis to an essentially a straightforward question. What the Bar needs to identify in its future members is solely whether they have aptitude for the profession of the future, not what race/gender/sexual orientation/school they come from. The reason it attracts "too many of the wrong people" is because the best aspiring lawyers have decided against spending a fortune qualifying for a profession that thinks it acceptable to indulge in such disgraceful public navel-gazing. Instead they have shunned the Bar for law firms that have listened to what clients want from their lawyers rather than assume they know. I am sure their diversity statistics would make Lord Neuberger green with envy too.
Scholar of the Inn, Exeter, Devon
Whilst this is a very good and well researched report, sometimes blood is thicker than water. That will often matter when it comes to choosing pupils.
Peter Hargreaves, Stockport, Cheshire, England
hi I am currently in my first year at the University of West England and hope to go on to study the BVC after my degree, it has been a life long ambition of mine to reach the bar, but the cost is beginning to look to great. I fully support the proposals put forward in the report, and hope that the bar will too. I too would also like to see that the bar higher the degree classification required for entrance on to the BVC to ensure that the bar is getting the best people. I also feel that this will stop people attaining a pupilage with a poorer degree classification just because of the social circles they run in.
Thomas Mulread, Bristol,
The Bar is still as elitist as ever. The fact that the BVC itself costs up to £15,000 is a huge disincentive for anyone not able to rely on funding from parents, especially as the opportunities even for qualified barristers are so limited. Lord Neuberger is correct. The only criteria should be the skills and intelligence to do the job, not which school or university you attended. It's still very much the old boys network I'm afraid.
Mark Beardsley, London, UK
its not really a subject i know a great deal about but the bar has always been open to all, provided you were from the 'right' background or class. my father studied at the inns of court from 1968, and originated from the Caribbean. my fathers professional middle class background enabled him to better cope with the environment. alas my father did not pass the bar exams, and one can put this down easily to discrimination but i would not. many of my fathers peers went onto great heights including judges and senior government officials. my father died broke and alcoholic, and designated most of his children to a bog standard east end comprehensive education.
funkg, london, uk
I think (on the basis of this article). the report plays down the role of the Inns in providing BVC/GDL scholarships. It was the provision of such a scholarship that ensured I could afford the BVC, ticking as I do the one parent, state schooled, working class boxes.
This aside, the proposals strike me as practical and necessary - particuarly a pupillage clearing system. The danger is that this would only act as a partial remedy for the deeper flaws in the OLPAS model.
The fundamental question is this: are BVC providers responsible for demand outstripping supply, given that lack of English language competence, academic qualification, self-attained experience are all in the hands of the student? Or does the realism that Lord Neuberger references demand that individual hopefuls assess their own odds and gamble accordingly?
Hannah, London, UK
I think (on the basis of this article). the report plays down the role of the Inns in providing BVC/GDL scholarships. It was the provision of such a scholarship that ensured I could afford the BVC, ticking as I do the one parent, state schooled, working class boxes.
This aside, the proposals strike me as practical and necessary - particuarly a pupillage clearing system. The danger is that this would only act as a partial remedy for the deeper flaws in the OLPAS model.
The fundamental question is this: are BVC providers responsible for demand outstripping supply, given that lack of English language competence, academic qualification, self-attained experience are all in the hands of the student? Or does the realism that Lord Neuberger references demand that individual hopefuls assess their own odds and gamble accordingly?
Hannah, London, UK
Not attracting those with brains ?
I belive most MPs have law Degrees.
George Deighton, london, uk