Readers of this blog range from law students to seasoned silks and judges. Somewhere in the middle are those in the midst of the pupillage process, whether preparing to start this important training or actually doing it. As many pupils across the country approach their second six and that first brief with their name on it, it is worth taking stock to remember the purpose of the whole exercise, and reflect on how to get the most out of pupillage. We hope that some of the tips below will help as you embark on what should be the start of a truly stimulating and rewarding vocation.
Advocacy: watch and learn
You may have done your bar course and the odd mini-pupillage, but it is in pupillage that you start really learning advocacy. It is important to be as involved in any case as your supervisor is, to make sure you can understand all the tactical or presentational choices being made. Read the papers and think about the case for yourself. Then watch actively and take it all in – you will not get another chance in your career to devote such time and thought to observing courtroom advocacy. Think carefully about what works and what does not: remember it and prepare to try out different techniques for yourself in your second six.
It is in pupillage that you start really learning advocacy
In your first six it is easy to allow yourself to switch off at times when your pupil supervisor or others are on their feet. Try to avoid this. Even better, think and map out in advance how you yourself would examine the witness or address the judge or jury and then see how your planned approach compares to how the experienced advocates do it and discuss the different approaches with your supervisor. As with all aspects of your work, focus on the key issues rather than irrelevancies, be rigorous in striving for brevity and avoid repetition and hackneyed language. Supervisors recognise that you will make mistakes, however it is only by trying and failing that you will fully improve. The risk-averse pupil will learn little and develop no resilience. The pupil who gets the most out of pupillage is the one who throws themselves into it and isn’t afraid to ask questions or get things wrong.
Research: be thorough
Researching the law is a skill in itself, and one that you should have plenty of opportunities to practise during pupillage. It is rarely if ever enough just to look at a chapter in Blackstone’s, or parrot back the relevant statute. Read the judgments and analyse how the law is developing in respect of the given topic. Leave no stone unturned and consider your authorities critically. Identify the competing arguments and relevant considerations. If High Court or Court of Appeal judgments appear to support opposite conclusions, ask yourself which is more likely to be followed, taking into account the date of the judgment, the panel, the wider context of the case, and how much it has been followed already. If one interpretation might have wider ramifications, how might that sway a court either way? And most importantly, do not hand in your research note and then forget about it. Instead, ask for feedback and discuss the point with the relevant member of chambers, to see how they approach the question. Recognise also that you will need to know the law inside out in your given area of specialism. If for example you wish to practise criminal law you really need a thorough knowledge of the rules of procedure, evidence and substantive criminal law. Even if you cannot remember the name of a particular case on point you should know that there has been a recent decision on the matter and be able to lay your hands on it in short order.
Drafting: careful imitation
It can be daunting to draft an advice or skeleton argument for the first time and the technique you were taught on the bar course might not always be appropriate. There is no shame in asking to see an example from a supervisor, providing that inspiration does not become unthinking plagiarism. When it comes to presentation, structure and the level of detail, you can draw on what a more experienced member of chambers did in a similar case. But remember that every barrister has to develop their own style and approach, and your ultimate guiding influence should be the task itself – what does the client or judge need to know and how best can you communicate it to them? Make sure you have a clear and logical structure that allows the reader to navigate easily through the issues, the relevant law, your analysis, and your conclusion. It is important to include sufficient detail while also aiming for brevity and you should learn to strike the balance between these competing attributes.
Seek variety
At the start of your career, it would be naïve to think you know for certain exactly what type of work you want to do. Pupillage is the one time when, with nothing to lose, you can try something completely different from what you may be used to. Talk to your supervisor about what work other members of chambers do and keep an eye on how varied your experience has been. You may find there is a whole other area of law that you would wish to incorporate into your practice. Even if you decide that immigration law, for example, is not for you, what you have learnt will inevitably prove useful at a later stage, albeit that you may be advised not to criticise a practise area to those in Chambers who specialise in such work.
Value the junior juniors
While it is important to get to know everyone in chambers, the very junior end will be an important group for any pupil. Having been through the process relatively recently, they can provide guidance on anything from how to conduct yourself in chambers, to unexpected ethical issues arising at court. They are an invaluable source of experience in the types of cases done by pupils. They will also be on your side, and will be an important source of moral support. Therefore, chat with each other about your cases and discuss what went well and what didn’t. The learning curve in the early years is extremely steep and if you all pool your knowledge you will improve much more quickly. And remember: the pupil who thinks he knows it all will make few improvements. The self-critical pupil who is always analysing his or her performance and who knows just how much there is to learn will develop far more successfully.
Ask for help!
In fact, you should be aware of the many sources of support that are available should you need anything, and do not be afraid to call on them. Pupillage can be a very trying 12 months and doing it alone is near impossible. If you are finding a particular piece of work challenging, talk it through with your supervisor, another member of chambers, or even a fellow pupil from another chambers. If you find you have too much work at any time, or other parts of your life are causing difficulties, do not suffer in silence but talk about it to a mentor or supervisor, and you will most likely find that there will be a way to take the pressure off without it reflecting badly on you. As always, communicate about any issues and be straightforward in your dealings with your supervisor who is there to help and advise.
The pupil who gets the most out of pupillage is the one who throws themselves into it and isn’t afraid to ask questions or get things wrong.
Those are just a few tips for making the most of your 12 months. The greater your effort, the more you will get out of pupillage. It is important to view it as a learning opportunity, as no pupil (or indeed tenant) can say they already know all they need to know to be a barrister. Yet you should also, of course, have an eye on tenancy and making sure you impress your chambers. To that end, it is important to be resilient. Be aware that you are always on show: any judge or instructing solicitor may well let chambers know of the impression you made on them, good or bad. Take on any feedback carefully, and show that you can learn from it Take on any feedback carefully, and show that you can learn from it. Try to do some substantial work for a wide range of members of chambers. While being true to yourself, be sure to strike an appropriate and professional tone when talking to tenants: on the one hand you must not overstep your role (such as making uninvited and inappropriate contributions in conference), but also be ready to stand your ground and politely explore a legal argument that the more senior barrister may not agree with.
When it comes to the tenancy decision, do not lose heart if it does not go your way. Some of the profession’s most respected members did not get taken on straight away, so perseverance and yet more resilience will be key. Ultimately, work hard and use common sense, and before you know it you will be advising next year’s pupils on how to get through it all.
