Counsel Magazine has an interesting article by Andrew Neish QC, dealing with the lack of diversity at the so called ‘magic-circle’ sets. I’d like to link to it but Lexis-Nexis thinks I should pay to do so and, as I get my paper copy anyway, I won’t. If you or your institution has an account then this is the link to the click-on.
The proposal is not one I like – to choose additional random candidates for interview. It strikes me that this is not so much diversity as tokenism. But at least the problem is being looked at, which is better than ignoring it, and an email address is provided for comments and contributions. However a more focussed, more interesting and more thoughtful examination of the same issue is Lawminx’s letter to a pupillage committee. Minx’s idiosyncratic style isn’t to everyone’s taste, but the Bar ought to read decent points made by non-traditional students. We might learn something.
Meanwhile, as the time arrives for the Portal gates to creak open, I cannot stress the need to research your choices too much. It is not enough to want to be a pupil at the particular set, or to want to do the work they do. Get on the website, look at the cv of every tenant under 7 years call and compare yourself. If you don’t match up, don’t apply. This will have the consequence that you won’t waste an application – the sets which are weighting their selection system to prioritise 1st class degrees from 10 Universities (of whom 2 are preferred) need not be troubled by you.
If there is to be a debate here, then it should be an honest one. As Andrew Neish points out, it isn’t really arguable that only people with 1st class degrees from 10 Universities can handle the complexities of commercial law (although – as he doesn’t say – it is hugely flattering to believe that this is the position). He may be wrong about that – I am not qualified to comment. But, if that qualification isn’t necessary then sets who find themselves unable to recruit different candidates should be explaining why.
If you are in doubt about whether to make an application, contact Chambers and ask them how they score the different qualities they seek. There is a world of difference between a Chambers giving a 1st 20 points out of a 100 and a 2.1 14 points and a Chambers giving a 1st 55 points and a 2.1 20 points. Both might say that a 2.1 is a minimum requirement but only one of them is offering you a real chance to let your extra-curricular activities catch up.
In times of recession people pull in their claws and barristers are no exception. Chambers are less inclined to take a chance on what they don’t know and less inclined to offer pupillage at all. It makes it even more important for you to match yourself with the right set. The debate about whether we approach diversity adequately is for another day as far as your application is concerned – although comments are welcome as always.
Meanwhile, if you are a “non-traditional candidate” (this normally means that your A levels – if they exist at all – were a long time ago and not brilliant, and that you have actually succeeded in a real job since then) then try and correlate your real life successes to what you perceive as necessary to success at the Bar and relate one to the other. Somewhere out there – if you do it properly – there might (just might) be a set of Chambers which is prepared to back you, rather than to take what is – let’s face it – a chance on someone fresh out of the BPTC. Just make sure that you emphasise your intellectual flexibility: I know of very few Chambers who believe that the BPTC turns out a product which is fit to practice and it therefore follows that we need to teach you. Don’t fall into the trap of allowing the pupillage committee to wonder whether you are able to learn.