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Legal careers historically have been the preserve of the privileged classes. Is there a good reason for this? Can it be changed? These are the issues at the core of this year’s The Times/Herbert Smith Student Advocacy Competition with prizes worth £7,500.
Entrants (who must be students registered at a UK higher or further education institution or a college of law) are invited to present their arguments — initially on paper and by video clip and then, if shortlisted, in person — around the topic “The Class Ceiling: is it breakable or there for good?”.
This debate comes against the background of The Panel on Fair Access to the Professions, led by Alan Milburn, the former Health Secretary, which is investigating how leading professional bodies such as the Law Society of England and Wales and the Bar Council can improve access to professional careers.
It is accepted that the legal profession has become more diverse — at least at entry level — in race and gender, but there has been only limited progress in terms of social mobility.
Indeed, one of the biggest concerns of organisations such as the Sutton Trust education charity is that progress into the “high-end” professions such as law actually has become more difficult for those from poorer backgrounds.
A survey published in 2005 by the trust showed that more than two thirds of the barristers at the top chambers had attended independent schools, as had three quarters of the judges.
Given that 7 per cent of children attend private schools, this is a striking indication of the extent to which wealthier families dominate the Bar.
Add in that more than half the partners at leading law firms have been educated privately and a picture emerges of an upper middle class appropriation of the profession.
“It is clear from our analysis that the school background of people at the top of the legal profession has not changed,” said the trust.
“Therefore, there may be significant scope to open it up to people from a wider range of educational backgrounds so that the most able are given the opportunity to succeed.”
Entrants to this year’s competition will need to analyse and argue why the class ceiling has evolved, whether it should be broken and, if so, how this might be achieved.
For example, if more young people from poorer backgrounds are to enter the legal profession then educational opportunity, aspiration, ambition and ability all may be significant.
Is there, in any case, a moral argument that the legal profession should reflect socially all aspects of society? Or, in the interest of quality, should there be no compromise on standards?
A skeleton argument in no more than 400 words must be submitted by midday on Monday, July 6. This should be supported by a visual presentation (maximum 90 seconds) which should be uploaded to YouTube.
A shortlist of six entrants will appear at the final at Herbert Smith’s offices in the City of London on September 21.
Each will make a ten-minute presentation of his or her case and face cross-questioning by the judges, Mrs Justice Rafferty, Shami Chakrabarti, director of Liberty, Ben Summerskill, chief executive of Stonewall, Nigel Savage, chief executive of the College of Law, Ian Gatt, QC, Herbert Smith, and Frances Gibb, legal editor of The Times.
To help them to prepare for the final, the shortlisted six will be invited to an individual training session at Herbert Smith in early September.
The winner will receive £3,000; the runner-up, £2,000 and the third placegetter, £1,000. Each of the runners-up will receive £500.
Competition rules
Entrants must be students registered at a UK higher or further educational institution or a college of law.
They should prepare a written submission and a video presentation and e-mail these by noon on Monday, July 6, to advocacy.competition@herbertsmith.com or by post to: Herbert Smith Advocacy Competition, c/o Carolyn Lee, Herbert Smith LLP, Exchange House, Primrose Street, London EC2A 2HS.
The written submission, a skeleton argument with a maximum of 400 words, should also include full contact details, including address, landline and mobile numbers and confirmation of student status.
The video presentation should be attached to the written submission, last no longer than 90 seconds, and cover all or part of the argument contained in the written submission. It should be uploaded to YouTube.
Students with enquiries can leave a message on Herbert Smith's competition helpline: 020-7466 3893.
The submissions will be reviewed over the summer by a judging panel that will use clarity of thought, well-structured arguments and liveliness of expression as their main criteria.
Six students will be selected to make a 10-minute presentation of their case in person to the panel at the final on the afternoon of Monday, September 21, at Herbert Smith's offices in Exchange House.
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