Sunday 9 November 2008

The Honeymoon is Over

I have now completed 4 weeks, and am really enjoying it. So far my days have consisted of pitching up at whichever court promises to be the most interesting that day, finding the barrister I'm to follow and taking notes during conferences and court. After the court day ends I head back to Chambers in order to make myself available to whoever wants me to read through stuff and note down the main points, type up work or carry out some photocopying. All in all it has not been particularly demanding, and has been a gentle introduction to life at the Bar. This however is all set to change -my Pupilmistress has now fully taken me under her wing!
My PM is lovely [if a little demanding], and I have no doubt that she will teach me very well. She is extremely thorough and very knowledgeable. Also, it makes such a difference for me to be able to read the papers and get a clear picture of what the case is about. This weekend, for the first time, I have been set some research homework, which I better go and do.
One thing that has struck me very clearly since starting is the concern all independent practitioners have about the future of the Bar, particularly within the field of crime. We are all aware of the changes in the pay scheme for such work, but I for one was unaware of the gravity of the situation. Most criminal matters I have watched have had at least one Higher Court Advocate conducting it, rather than instructed counsel. It appears to me that the reality is a fused profession, even if, allegedly, that was never the intention. This is causing a severe lack of work at the most junior end of the bar, and it seems that this dismal state of affairs will continue for the foreseeable future. It is not the best time to be joining the profession, and I fear this will count against me when the time comes for my tenancy application to be considered. My plan though, if at all possible, is to develop a truly mixed practice and hope luck is on my side.
No doubt most of you will be aware that the documentary entitled "The Barristers" starts at 9pm on Friday on BBC2. I am looking forward to it.
PB

10 comments:

Minx said...

Hiya Beanie,

So Glad to see that it's going well, and that you are enjoying yourself; some pupils I've spoken with have been quite disappointed with their experiences to date, but Some of that seems to be related to the general duties they seem to have been given with respect to marrying the photocopier, making the coffee, trolling about after unidentified barristers in various courts, taking notes and so forth - matters which you have embraced with enthusiasm, an attitude which is BOUND to stand you in good stead. Personally, I am of the opinion that pupils who put on a huff to the effect that " I didnt train as a barrister just to engage in an intimate relationship with the fax machine" have seriously missed the point. Is not pupillage a form of apprentiship where a certain ammount of trust should be earned, PARTICULARY with regard to other chambers staff?

It is sad to see the Criminal Bar withering on the Vine, so to speak; much has been made of the poor quality of the advocacy bieng proffered by those higher advocates, so the Bar must fight its corner, as it has always done, or so it seems to me even if the odds are stacked against it.

EEEE!! The barristers!! If they show bits about a Cumberland Lodge w/e I hope I'm not in it because I was there when they were filming (some truly ridiculous Diva who thought, nay, KNEW that she was FAR more important than the rest of us!!)

Pupil Bean said...

Oh Minxy, so good to have you back!
I think the hardest thing to come to terms with is the fact that to get pupillage is so difficult and actually getting one (as you will find out) is such an epic event, akin to winning the euro-millions. Then you actually get in, start to see a bit of real practice and find the land is barron. Lots of scabbling around for low end mags work, with not a hint of stepping foot into the Crown Court for several years. I know this sounds truely pesimistic, and prehaps I find myself all of a sudden too close to the situation to form an objective view of how things will run their course. I hope it sorts itself out, afterall often things are never really as bad as they seem! I however hope to develop a truely mixed practice anyway, and that has always been my aim.
I can't wait for the doco to hit our screens, it will be interesting to see how this very issue is dealt with.
PB

Mr Pineapples said...

Hey Mr Bean..

Dont worry.

Solicitors will take over the Bar....and they will be taken over by the large accountancy firms.

We will soon have you clocking in 9 to 5.....

barboy said...

PB, it would be interesting, and informative, for those of us lower down the food chain to read more about your views on the crim stuff. The BVC seems chock full of it but no one is reconciling that to the more obvious view that only a lunatic, or someone with substantial private means, could possibly think they could sustain a career doing crim work.

Also, I reckon be grateful for the coffee making, photocopying and bag carrying. A good opportunity, if taken, to observe and learn without there being any pressure.

Mr Pineapples said...

Bar Boy - Mr Bean's views wont mean very much to you. In that he is a pupil - following his PM around. What would he know of the economic politics of criminal work at the Bar?

Answer:

Bugger-All - he spends his life not saying a word - as quiet as a mouse. He is not allowed an opinion about anything - so dont antagonise him by asking a question like this - his brains might explode.

The Criminal Bar is great fun - and there is work to be had. But there is increasing pressure from CPS advocates who are now doing all Mags prosecutions and a creeping movement into the Crwon Court. Solicitor Advocates are also taking over the work.

It doenst look brilliant.

The BVC focuses on crim work because - like everything at the Bar - it is years behind the real world.

But

Crim - Advocacy hones ones skills.

Civil work does not require much advocacy these days as cases settle.

The Bar must change
Must embrace the New Order that is coming: Alternative Business Structures - where lawyers form partnerships with non- lawyers.

Pupil Bean said...

Mr P - thanks, it is like you are my fairy god mother, telling me that all my dreams will come true. I'm off to drink a litre of vodka, and tomorrow start a far more lucrative career on the dole.

BB - I shall continue to jot down my views on the current situ, if indeed I think of anything else to add, before my head explodes.
Also I do enjoy the more menial side of the job, but I feel there is always an element of pressure lurking.

PB

The 50-Year-Old Pupil said...

I'm 6 weeks in now and luvin it too though I've not been asked to do photocopying or make tea yet which makes me feel I've not had the full experience. Mine all started off scary on day 1 when PM dumped 2 big lever arch files on me and said "advice on liability by tomorrow close of play please." Also scary when get asked to chip in at the end of cons.

I think the crim bar get a bit worked up because few of them have studied economics and don't understand the Law of the Comparative Advantage. Expertise always flees the corporation. Just look at what has happened in engineering over the last 20 years. There's a little disequilibrium at the moment but Pupil Bean still has a long term to depend on. The work will return and he will be in big demand.

Mr Pineapples said...

Hey 50 year old pupil

Part of the barrister's art is communication - and your last paragraph made as much sense as a bag full of monkies. Get rid of the management speak and we might be with you.

"the Law of the Comparative Advantage." ????

"There's a little disequilibrium at the moment" ????

And as for "Expertise always flees the corporation" - you what???

Methinks you are disapearing up your own fundament.

Dont get too carried away there's a good lad.

The economics of the Bar is not a cyclic adventure (see P can talk wank words too).....with the good times coming full circle. The world has moved on.

Take a read of the Legal Service Act 2007 - it fortells the future.

The Bar must move with the times....

The 50-Year-Old Pupil said...

Mr P, it was the Legal Service Act 2007 that brought me here. Well, not quite cos I wouldn't have had time but it does make the whole think more interesting in a good way.

Android said...

What do you think of The Barristers, PB? Has it been talked abotu at your Chambers??? :)