Monday 8 October 2007

Becoming a solicitor fist

I was asked to attend the Lincolns Inn introductory weekend for out of London students. What may be of interest to readers of this blog was the events that took place during the question and answer session.

In effect all the students were seated in the great hall and the students had the opportunity to put questions to the panel. One of the students was asking about the problems that he would face when attempting to obtain pupillage due to the fact he had a desmond.

Mr William Stevenson Q.C responded, that a number of students are now attempting to qualify by the back door and qualify as a solicitor first and then transfer over to the bar once they have been admitted to the Solicitors roll, he then went on to say, that although he thinks this is wrong, it does have a number of advantages to Chambers, namely that such positions don’t have to be advertised, chambers is not under any obligation to make a pupillage award and the advantage to the student who has a lower academic attainment than his peers, is that it will give him a shot at becoming a barrister, which he may not get via the olpas / pupillage path.

Mr Stevenson Q.C then commented that he sits on the committee that considers applications from Solicitors who wish to be called to the Bar and that in the majority of cases; as long as an applicant can produce a certificate of good standing they will be allowed entry to the profession.

7 comments:

Verity said...

That's very interesting to hear. As I have said before I am almost finished becoming a solicitor having originally done the BVC. I have no intentions for the time being of going back in that direction but nice to know that I would probably get a positive response if I did. Something to think about for the future perhaps.

Paranoid Pupil said...

Know of a few people who have gone down this route, and it seems to be quite an advantage if you have a couple of years' experience of litigation in a good firm and have built up goodwill and contacts. Law students who want to be barristers can be a bit snobby about the "junior profession" but many (not all!) grown up barristers don't tend to see it the same way - they see the law firms as their bread and butter - and someone who knows the people who hand out the work can be very valuable.

Mr Pineapples said...

It is such a con - for solicitors to become barristers by the back door. What on earth are we thinking of in allowing these lesser mortals to enter our hallowed halls by doing nothing - apart from filling in a form and getting a reference from their mate at the Bar (the guy they used to give work to).

Us barristers (real ones) who had to do the BVC (remember them?) are just so special.

Kitten said...

I doubt the student who has a 2:2 would encounter problems obtaining pupillage if s/he obtained the said 'Desmond' from the usual suspects, Oxbridge et al. Also those I trained with having 2:2s and barristers / judges in the family had no difficulty in obtaining pupillage despite their pass on the BVC (wink).

I know of applicants to Chambers with 2:1 or above at degree and very competent or above on the BVC who did not obtain pupillage (too young or too mature apparently) and have taken the cross qualification route. They have had to work as hard as anyone else and are no less talented in my view.

Having undertaken pupillage amongst the dark side myself (law firm) the litigaiton experience is something that only improved my skills as an all round advocate.

But such a pupillage is not for the faint hearted and do not expect any support from the Bar Council.

I was expected to take on a litigaiton/advocacy caseload from day one, which given my pre Bar experience, was fine. It is not for eveyone though.

I also recall the experience of working so closely with those having such a distant acquaintance with ethics. Judging by the number of my peers, whose similar encounters of law firm ethics pushed them to leave the legal profession, there may be good cause for benchers at my Inn to have (thankfully) taken a protective interest in my more diverse route to the Bar. As one bencher said "it's like mixing oil and water." Having survived the experince (just) I have to agree.

Andy Stone said...

Thank you for this interesting observation. Could you clarify: was the concept outlined during Q&A to [A]train as a solicitor in the first instance and then transfer to the Bar, or [B] do the Barrister Quickstep: become a non-practising barrister, transfer to legal practice, gain higher rights, and then apply for probationary tenancy with Chambers?

podcastpaul said...

I found this blog via a Google Search.

I qualified as a Fellow of the Institute of Legal Executives in 1993, and get my Solicitor's exam results (LPC) tomorrow.

I've nearly 25 years experience in litigation and handle all manner of matters, from very small fast track to multi million pound complex actions.

I'm seriously thinking of looking at transferring to the bar as I desire far more experience in advocacy. I'm also a commercial mediator, I qualified last September.

Looking from the outside in, I'm glad that there is a way to transfer. I've a good deal many contacts who have confirmed they would send work to me if ever I were to transfer.

It's sad to see that there are some very antiquated views amongst the Bar, and quite frankly, I think those who believe the profession is still for the upper middle classes need to smell the roses.

As someone who has instructed counsel on a daily basis for nearly 25 years, I can tell you that I'm not in the least interested in schooling or class. I instruct counsel who have a good sense of humour, a good bedside manner with my clients, and a knowledge of where they are in the food chain.

...my schooling? A back end comprehensive in Birmingham, the Old Birmingham Poly - and a commendation in my CPE (and hopefully LPC).

Snotty views about 'back door' entrants may well sit well in the Conservative club with a small cigar - but it doesn't earn the brief fee.

Paul Nicholls
Smith Jones, Solicitors.
Kenilworth

podcastpaul said...

Ironically I did qualify as a solicitor (with a commendation)... and possibly transferring to the Bar (just academically) later this year on completion of my HRA (I have Part 1 in the bag).

As I have my own practice; Nicholls Brimble, I won't relinquish my PC as Solicitor, and will simply retain the Barrister's qualification for my own CV and academic use.

The profession, I am sure, will be fused in a short time, and I don't think the distinction between Solicitor and Barrister will matter too much in any event.