Why is it so difficult to be a barrister?

By Makhsudul Islam

When one thinks of barristers, they possibly imagine the high life, the posh and eloquent speech, the Armani suits, the indefensible arguments that leave no flaws and most importantly the astonishing faces of relatives and friends who recognise you have achieved the impossible. But is it as difficult as people make it to be or are people just exaggerating since it is such a ‘pompous profession?'

The mention of pupillage sends shivers down the spine of every budding barrister. It is the mountain that every prospective barrister needs to climb, but once that steep mountain has been climbed it leads to a life full of promise, prosperity and respect from all. But why are so many candidates being rejected from acquiring a pupillage and why are there so few places to carry out a pupillage? All these questions will be answered in this article.

Most chambers draw a sharp distinction between students and school-children. Just check the number of websites which make it clear that work experience is not available. Most chambers, as far as it could be told draws no distinction between either law students and non-law students or University students and BPTC (Bar Professional Training Course) students. Nor is much, if any, distinction made between first years and third years. This means that chambers have a basic expectation that the prospective pupils will be interested in the Bar and have some knowledge of the law. That is on a par with a barrister's basic beliefs - namely that what they do is a) fascinating; and b) vital. In which case the best advice one can give is to choose a set for that first mini-pupillage (where prospects are testing the market as to whether they can ever be good enough to enter the profession).

There is one outstanding book for this purpose – it may be out of print but second hand bookshops should be able to help or internet sites selling retro books may be of assistance. This is Henry Cecil's 'Brief to Counsel'. This was written over 50 years ago and much of the detail is out of date. However, it is still outstanding for the tone which accurately reflects the way that barristers think. This book should stop one making a complete fool of oneself and may even give that veneer of knowledge that makes a pupil an attractive candidate to be a barrister. Remember that barristers expect the pupil to know the law – that is why one has paid a fortune for their education. The ‘added value' is the ability to talk with a degree of confidence and knowledge about how the profession operates - how judges take to people who only have valid points; how clients like business-minded advice that is most fruitful for them. Add a mini-pupillage to that mix and one should be able to head for the sets they want to join with some confidence. But it is a gigantic risk, to head for the dream place first, especially as most chambers will only let one mini-pupillage in total.

Most chambers book early and allocate on a first come first served basis. So one should apply at Christmas in their first year and expect to do the first mini-pupillage in the summer. Then they have time to assimilate their experience, get some more law under their belt, decide if the Bar is really for them, do their research and apply for the mini-pupillages that really matter in their second year and onwards. The point is, mini-pupillages are a time for one to assess their own credibility. If the thought of doing the preliminary spade-work fills one with revulsion then it might really be better to pursue a different career.

Enough talk of mini-pupillage one might say, let us indulge into the real stuff, a pupillage. The question may be asked - why pursue a different career even if it is so difficult? If one has a dream maybe they should pursue that dream until it becomes reality. But one needs to realise this is not just any other profession, this is the most elitist and pompous profession in the world. Sometimes that dream is beyond reach not because the candidate is lacking in talent but those judging the talent are using an unfair system which takes into account those characteristics that are irrelevant in becoming a barrister.

It has in place a system whereby only a certain class of individuals are being allowed to enter the profession and more importantly opportunities in this modern period are very slim. The Bar council statistics state precisely that: Of the barristers that become qualified each year, only 25 per cent of those barristers will go onto practice, meaning one in four will lead life as a barrister, the other three will either have to keep trying with at least £50,000 worth of debt hanging over their head or follow a career in banking, finance etc. The crucial point that has been missed above is that of those barristers that do enter the profession, only an abysmal 30 per cent had studied from state schools and colleges, the other 70 per cent being from private schools. Furthermore, take into account that a lowly 7 per cent of private school pupils within the population enter universities to study law, the above statistics look dreary. But just because one did not acquire a pupillage, it does not necessarily mean the candidate is lacking in advocacy skills or academic aptitude but the fact that luck was not on their side – but is it luck or just the ‘playground of the rich’ preventing lower class would-be barristers?

The question to put forward to those judging the prospective barristers’ is – does it really matter which social class one comes from? Does it have any bearing on ones practice as a barrister? And most importantly if there is a class issue why has this not been highlighted before application is made to the chambers? – The answer to those questions remain unanswered because these questions are never put forward to those responsible. These are invisible arguments that every budding barrister has drafted inside their head. But those responsible at the top needs to realise that an average pupil spends £20-30,000 on undergraduate study and thereafter spends another £8,000-15,000 on training as a barrister under the Bar Professional Training Course, it is not the most economic for those from working class backgrounds. So for someone to have the correct academic grade, legal experience and aptitude but not land the pupillage is an insult to the years of hard work leading up to the application for a pupillage.

The problem lies in the way that pupils from universities are being allowed to carry out the BPTC. There needs to be a filtering system such as that for pupillage which separates the best from the rest, whereby those budding barristers that are allowed to be admitted to the BPTC will go on to practice, there should be a guarantee in place. The dilemma is that there are now more pupils on the BPTC than there are places being offered for a pupillage. So there needs to be much fewer places being offered for the BPTC and increased amount of pupillages offered to prospects. However, with the current financial climate and a much deeper recession forecasted this is something of a fairytale wish.

In conclusion, it has to be submitted that there needs to be in place a much stricter system which filters out pupils incapable of practice at the Bar before the BPTC, this issue has been highlighted and in the forthcoming year, starting 2010, there will be a Bar Aptitude Test which will work to 'sieve' out pupils incapable of survival at the Bar (only Kaplan will implement this in London). This way there will be equal proportions of students training under the BPTC as there will be pupillages offered, and essentially acquiring pupillages. Everyone needs to be given the exact same opportunity whereby social class should have no bearing on the pupillage interview. However, if there is a class requirement this needs to be included in the application so that prospects know exactly if they are capable of joining a certain set or chambers.