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You have found £20,000 for the vocational training for the Bar, including living expenses, negotiated pupillage and are one of the few (20 per cent) to land a tenancy (permanent seat) in chambers. The pressures are far from over: the new criminal barrister will face another tranche of hurdles in what is one of the toughest areas of work in this competitive profession.
A few weeks ago I was at Luton Crown Court where a young woman excitedly told me that she had been taken on: the days of second-guessing what members of chambers thought of her were over, the creeping insecurities as to how she was doing banished.
But what are the realities of life at the junior Bar? Vibrant, exciting and professionally rewarding it may be: but it is also a place where clients, courts and solicitors are making more demands than ever.
The profession is transparently more accountable to the public. That is right, but one result is the newly complaints-conscious client. The Legal Services Act 2007 removed complaints handling from the profession to the independent Bar Standards Board. With greater public awareness of complaints opportunities has come an informed readiness to use the procedure. Statistically, and unsurprisingly, criminal clients have always been among the highest-complaining categories: the ramifications of perceived failure by a barrister is often condign, involving a loss of liberty — especially so when a case comes before an appeal court where criticism of the barrister in the original trial is not unusual.
At a time when the squeeze on legal aid means fewer solicitors’ representatives in the lower courts, it is these cases that fall to the new junior tenant.
Then there is the impact of the avalanche of legislation in recent years. The criminal court is riddled with procedural hurdles: take, for example, the Criminal Procedure (Amendment) Rules 2008 that took effect on October 6 and deal with magistrates’ courts proceedings. They are another example of complex procedural requirements in even the most straightforward of hearings. Breaches of these or other case management protocols can result in orders against the Bar for wasted costs — which courts increasingly use.
Then there is keeping up to date with the welter of law reforms; crime is probably the most reformed area of any discipline. In his or her first three years, a young barrister must complete 45 hours of further education.
What of securing the work itself? Solicitor-advocates take much of the work formerly done by the young Bar and it is commonplace for law firms and the Crown Prosecution Service (CPS) to employ in-house advocates. Their impact cannot be overestimated. There is a stated policy within the CPS to instruct in-house where it can, especially in lower-level cases — in part at least to save money. So the old stomping ground where new criminal barristers honed their trade is shrinking.
Meanwhile, defence solicitors are also employing solicitor-advocates, both for Crown Court and magistrates’ court work: legal aid cuts mean that for their firms to survive, they need to take this work from the junior Bar.
The old concept of loyalty between solicitors and a set of chambers is also waning. Bernard Richmond, QC, a member of the Faculty of Middle Temple Advocacy, says: “Nowadays, solicitors have approved lists that often contain barristers from many sets. Mixing and matching is seen as a good way of keeping control and, more importantly, keeping the clerks and barristers on their toes . . . There is a harsher and less forgiving attitude to mistakes . . . and underperforming than there used to be . . . for the junior end this can be horrendous . . .”
None of this should detract from the unique and exciting life of the criminal barrister. From the start, a mix of spoken and written skills is deployed and vulnerable people will rely on your being on top of your game. No other profession provides such immediacy, responsibility and satisfaction from the start. That’s why it is tough to succeed — but also why so many want to try. The Bar has responsibility to nurture and protect that energy, enthusiasm and above all, talent.
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