Becoming a Barrister

The long road from law student to barrister

One requirement of the Pegasus scholarship is that its recipients must submit a report to the Board of the American Inns of Court following their return to the United States. Until recently, several of these reports were available through the American Inns of Court website, and I was able to print-out and review them. Additionally, one of the 1997 scholars published her report.*

Most reports begin by explaining that the English legal profession is divided between solicitors and barristers. Solicitors provide legal advice to members of the public, whereas barristers are specialists in courtroom advocacy. Barristers wear the traditional robes and wigs that Americans think of when imagining English lawyers. The Pegasus program focuses on barristers, although scholars receive some exposure to the work of solicitors by observing solicitors' conferences with barristers.

The reports do not discuss in detail the educational and vocational path that is required to become a barrister. What follows is what I have learned about the extensive preparation and training required to be "called to the bar" as an English barrister.

Because the terminology can be confusing, I note here that barristers work out of "chambers," and groups of barristers with a common specialty practice are called a "set." Chambers are led by experienced barristers, and often have a common clerk who, among other things, distributes work among members (who are also called "tenants").

The path to becoming a barrister

Most people wishing to become a barrister begin with a university degree in law, or a first degree.** This foundational degree takes three years and results in a bachelor of arts.*** This degree completes the academic phase of English legal education, although certainly some barristers may complete advanced degrees.

The next phase is called the vocational phase. This phase involves an application to work alongside a barrister as a pupil for up to a year (a pupillage), and completion of a one-year specialized course (the Bar Vocational Course). It culminates in the honor of being called to the bar of one of the four English Inns of Court: Lincoln's Inn, Inner Temple, Middle Temple, and Gray's Inn. (I note here that the Pegasus scholarship is associated with the Inner Temple, whose crest features a Pegasus).

While in university, many students opt to undertake one or two "mini-pupillages" in barristers' chambers. During a mini-pupillage, which generally lasts a week, the student may observe a barrister's courtroom proceedings, attend the barrister's conferences with solicitors, discuss cases, and complete written assignments. Students use these mini-pupillages to determine whether they like the work, and to establish a professional relationship with an experienced barrister.

After completing the law degree, aspiring barristers apply for a limited number of pupillages with barristers' chambers, and membership in one of the four Inns. Before commencing the pupillage, however, students must complete the Bar Vocational Course, which takes one year. This course emphasizes practical skills and professionalism, and classes often incorporate role-playing exercises. The course also tests students' knowledge regarding civil and criminal litigation, evidence, sentencing and two other areas of law (out of a choice of six).

Having completed the Bar Vocational Course, a student transitions into the pupillage (or apprenticeship), which is split into six-month periods or "sixes." During the first six, the student observes and assists a barrister in chambers, who is called his pupilmaster or pupilmistress. If the student finishes his first six successfully, he receives a certificate enabling him to take on work of his own within the barristers' chambers during the second six.**** Pupils are also required to attend compulsory courses in advocacy and practice management, and must attend a number of formal dinners at his Inn.

At the end of the second six, a pupil hopes to be offered a tenancy in chambers. Students not offered tenancies may opt for a "third six," after which they again hope for a tenancy. Barristers also work for the Government Legal Service, Crown Prosecution Service, the Association of Magistrates' Courts, the armed forces, and in other public service positions.

Reflections on the education of barristers

I was happy to read that English barristers commonly have junior "shadows" that are expected only to watch and learn because that will be my role when I arrive in chambers. The pupillage requirement also added to my understanding of one vignette from a previous Pegasus scholar. On the day she arrived in chambers, the barrister that she was assigned to cleared off the end of his desk for her to use, and comfortably conducted his professional and personal affairs in her presence. The scholar was taken aback by this behavior, not only because she was accustomed to the privacy of her own office, but also because it would not be expected from an American litigator of comparable experience. Now that I understand that the English system requires the pairing of junior and senior practioners in close quarters, the story makes more sense.

Other scholars also commented that they sensed that barristers' extensive apprenticeship periods fostered greater professionalism. I would have to agree that, even merely understanding pupillages as an institution from this side of the Atlantic, the focus on practical skills training (forcing students to address situations and determine what is the proper behavior in a variety of situations) is bound to instill a deep committment to professionalism.

I also think that it is relevant that English barristers are chosen essentially as if they are joining a social organization or mixed-sex fraternity (at least one scholar mentioned that Inns conduct "rush" to attract law students). Overall, the institutional structures that vet law students seem to directly scrutinize how the student behaves as an advocate, negotiator, and colleague. The system also continues to monitor a barrister's behavior, through Inn membership, and the practice of dining among members of the Inn.

Put simply, it seems to me that in the English system, if you behave like an inconsiderate, unprofessional litigator, you will have no chance of obtaining a very competitive pupillage. And, should you turn into such a litigator after you win a tenancy, you will find yourself friendless at dinner.

Although the American system of legal education does not place as much value on the development of new lawyers' interpersonal skills, it has been my experience that lawyers with these skills are nevertheless valued in the profession. In other words, while I do not think that American legal education nurtures professionalism or good lawyering in any deep sense, if a student comes to the profession with an ability to navigate social situations without compromising his ethics or integrity, that skill will help establish the junior lawyer's reputation as a good lawyer among lawyers.

I am interested to know what barristers consider to be the disadvantages of their system of legal education. I would imagine that a logical downside of a socially focused group is that it would supress individuality among barristers. Additionally, the pupillage system apparently presents a significant financial burden for a junior barrister, and the expense may limit the number and type of candidates seeking the join the bar.

* Allison L. Alford, O Yea! O Yea! An Alabama Lawyer Goes to London, 59 Ala. Law. 383 (1998).
** A law degree is not necessary, however. Aspiring barristers with a university degree in another subject may also take a one-year "conversion course." For more information, I recommend this website.
*** Students select a law specialization (what we would think of as their major field of study) at the start of their second year of university.
**** I employ the male pronoun merely because the English language does not offer an elegant and inclusive alternative pronoun.