Today's post is a no filter look at the realities and practicalities of working at the Bar. It is not intended to act as a deterrent, but instead as a detailed and informative post about what to expect. Warning, it is a long post but a very worthwhile read.
First of all, I would like to say a huge thank you to the Barristers and Pupils who took the time to write down their thoughts on this topic. A full list of all those who contributed, along with their chambers and twitter handle, can be found at the bottom of this post. It is important to preface that all views and opinion expressed are of the individuals and not of chambers.
When deciding whether a career is right for you, it is important to look at the good and the bad. It would be naive to assume that the Bar is all bright lights, happy clients and righteous work. Whilst it can be all of those things, there will also be bad days, long working hours, delayed payment and unhappy clients.
I for one, am willing to take on the bad days, the difficult parts and the practicalities that aren't as fun, because I am certain that this is the career for me. However, without an understanding of what those difficult bits looks like, you might not know if this is the career for you yet.
So, hopefully this post will help to inform your decision or just give you a better insight in to what you can expect. Here are some different categories which highlight to all aspiring barristers what life is really like at the Bar.
Staying out of Court
Ben Handy, barrister at St John's Chambers, gives us a spin on the normal perception of the bar as he describes that actually the court might not always be your friend.
Only the tiniest part of the job is arguing in court...In the early days you’ll be given loads of briefs at the very last minute. Some of those will be losing briefs. You will not win them all, and you will learn more from the ones you lose than the ones you win. You will spend the rest of your career learning how best to keep your clients out of court, because courts are uncertain places and trials are treacherous, slippery things.
Your job is to identify the risks early-on and do what you can to control them. You will learn to advise, support, build rapport, control expectations, and ultimately put your client in the best position you can carve out for them. To do the job well you don’t need to be the cleverest person in the room, and you don’t need to be the one who’s best at arguing. You need to be the one who helps other people (judges, clients, opponents) find solutions.
This is such a great look in to the realities of the career, because most people will have seen barristers on TV arguing an arm and a leg for their client. Or, you will have experienced mini-pupillages where the clerks work really hard for you to be in court with a Barrister. But, it is really interesting to hear that actually part and parcel of the job is to avoid court. Also, if you weren't already aware, there is a huge amount of advisory work and behind the scenes work before you even get to court sometimes, so it is a mixed bag and definitely not all about arguing in court.
Learning when NOT to work
It is no secret that as a self-employed barrister you don't have set working hours. You could literally work 24/7 if you wanted, and it may seem like solicitors expect you to with some briefs being sent at 8pm for the next day. However, Victoria Wilson, family barrister at Goldsmith Chambers, discusses the importance of self-discipline so that you don't get overwhelmed.
As a barrister it is easy to get totally consumed by work, with briefs being delivered at the eleventh hour and the constant onslaught of emails. Learn early on to draw the line: set yourself a clear cut-off point every day at which you close your laptop, stop working and do something that will help you relax.
Oliver May, civil barrister at No. 5 Chambers, also discusses the importance of time off and balancing your working time.
It can feel incredibly liberating to be in charge of your own practice, albeit early on that can certainly feel illusory. You don’t have a manager. You also don’t have anyone checking in on you to make sure you’re ok. There is no-one monitoring your time off. This means no-one is making sure you’re taking enough time off. Everyone knows that you’ll often work evenings and weekends. That makes it doubly important to make sure you block out time off, and keep it as time off! Long term success can only come with longevity. You could be the best junior barrister in the country, but if you burn out in 5 years and leave you’ll never make silk. Make looking after yourself a fundamental component of managing your practice.
The way Oliver has explained the importance of time off is really great. By framing it as a part of managing your practice, you are probably more likely to give time to it. Burn out is hugely common at the Bar and even before you get to the Bar. I had friends both at undergraduate university and the BPTC who burnt out and really struggled to stay on stop of the demands on them. Time off is nothing to be ashamed of or to feel guilty about. Nothing can power itself forever, (apart from the Aptera solar electric vehicle apparently) everything needs to rest, re-charge, re-boot, including us!
Mental Health and a Healthy Lifestyle
This is not a preach about eating all your veggies and drinking 3L of water a day, well it might be. When a career is a mentally, physically and time demanding as the bar is, you would be silly not to think about the effect it will have on you. Victoria Wilson gives us some tips and resources to saying healthy in all aspects whilst embarking upon this career.
It is hard to maintain a healthy lifestyle in such a demanding job: you really have to work at it. If you neglect to look after yourself, your mental health, decision-making and mood will deteriorate. Try to go for a walk every day, prepare your meals in advance because it is so much more tempting to eat junk food when you are too tired to cook, and get enough sleep: lack of sleep impairs your thinking to the same extent as being intoxicated.
It is common for barristers to feel overwhelmed. Always, always, talk to someone if you are struggling. Remember that there is a free and confidential Assistance Programme available to all pupils and barristers, details of which appear on the Wellbeing at the Bar website (www.wellbeingatthebar.org.uk): that website provides a hub of resources and information on a wide range of wellbeing issues that tend to challenge people in our profession and negatively impinge on our mental health.
I can imagine that this is especially important when starting in this career, especially as a pupil / very junior tenant, when you may feel that you have to over work to impress. However, as Victoria states, your health is so important and if you don't take the time to look after yourself you might not be able to sustain this type of work. I think the takeaway from this is that it is a demanding job and you will feel the need to work every second to get it all done, but you do not have to. What you have to do is look after yourself.
There has been a great increase in the global understanding of mental health over the last 5 years and as such, professions like the bar are calling to reduce the idea of praising over-working and instead praising self-care. I am all for this and the fairly new 'wellbeing at the bar' programme is a step in the right direction. Work hard but play/relax hard too, it's all about balance.
Legally Lola, family and divorce barrister also discusses the uncertainty of this career and that it is up to you to manage the peaks and troughs.
Like all self-employed people, barristers deal with the peaks and troughs of both income and work. It can also affect you more personally and the way you manage your life. Some weeks, work you do will be surprisingly straightforward. For example, a contested case unexpectedly settles and you have time for impromptu socialising, leisure activities and to relax. Other weeks will be surprisingly protracted and difficult, requiring much more time than envisaged. This can mean lack of sleep and cancelling plans at short notice. Because you never know when these fluctuations will happen, this will likely take some adjustment and it is important for your mental well-being that you develop a coping tool-kit that allows you to sit with uncertainty.
It certainly seems like a degree of preparation and planning is important at the Bar so that you are in a supported, robust and healthy position to take on the demanding, but rewarding, work that the career brings.
Build up your Support Team
Im a similar vein as the previous category, it is important to have people around you that you can turn to for support. Although the bar is renowned for being a supportive career with a brilliant collegiate atmosphere, The OG Pupil tells us that this is not always the case.
The Bar often prides itself on being a supportive profession. This is the case for the most part, but there is a small proportion of legal professionals out there who act to the contrary. For example, the judge was not happy about the charges in a case, as they thought they did not reflect the seriousness of the offence committed. My "learned friend" thought it was appropriate to comment on my status as a Pupil, and stated that this "perhaps comes down to a question of experience." In my opinion, bang out of order and inappropriate. But, we keep our chins up and move on.
The point here is, some people at the Bar will try and knock you down. What you need to do is build yourself a support team equivalent to The Avengers...so when you need them to 'assemble' to console you and give you advice, they have got your back.
This is such a great piece of advice and I think it is multi-faceted. There may be a whole heap of reasons why you might need your Avengers at the bar. Another example is when you take on the trauma of a case you are working on. This is especially the case at the criminal and family bar where cases can often involve very disturbing facts, involving sexual offences and child abuse. Although it is the barrister's job to stay objective and professional, barristers are not bulletproof and many that I have spoken to have said it is difficult not to let such troubling facts and scenarios affect you. So, once again it is super important to have your support team to console you whenever you need it, angry judge, bad outcome in a case or just a really really sad set of facts that hit home for you.
Admin
This somewhat relates to the point made early by Ben Handy, that only a small amount of time is spent arguing in court. If you think of your life as a barrister (or future life) as a pie chart, there will be some slices of the pie spent in court, some spent in chambers doing advisory work / prep work and some spent sorting out the admin.
Oliver May talks about the importance of admin and the implications of failing to stay on top of it.
Without a doubt the most dull thing that could be put into a blog, so apologies for that. Much of your day-to-day admin will be operated by your clerks. That is a privilege probably unique to barristers amongst the self-employed. But it will still fall on you to arrange your accounts, VAT, registration with the Information Commissioner’s Office, practising certificate, and many more incredibly important administrative issues. Failure to adhere to relevant deadlines can constitute serious misconduct or even a criminal offence. Calendar reminders are essential!
This is really a great note about the realities of being self-employed/regulated by the BSB (Bar Standards Board). You are responsible for you. So that means your practice, your conduct, but also your finances, taxes, accounts and the important registrations that Oliver has explained. One thing that seems to resonate here is the importance of being organised and on top of it all, and this seems to be a common theme throughout this blog. If you have read my previous posts you will know that I love calendar reminders, diaries, post-it notes, whatever works for you to stay on top of the demands.
Travel
For a little background, and apologies for those who already know this, but there are different circuits that you can work in at the Bar. These circuits are essentially regions or areas of England & Wales. You have the South Eastern Circuit, the Midland Circuit, the Western Circuit, the Wales & Chester Circuit, the Northern Circuit and the North Eastern Circuit. Some of these circuits are huge!!!
For example, if you work in the South Eastern Circuit, you could be working in courts in Central London or Reading or Chichester or Guilford or Cambridge or Luton, and all the places in between. What this means is that there is a lot of travelling involved, mostly by trains which we all know love to spontaneously break down and cause delays. We will all have said on pupillage applications that we love the idea of travelling around new areas all the time...I am not so sure the reality is that rosy.
Anna Walsh, family barrister at Coram Chambers, talks to us about the realities of travelling and how she is enjoying home-working.
One of the positive things that has come out of the lockdown restrictions is that I have not had to travel and that has made me reflect on how much time I spent doing so and how tiring it was. Due to confidentiality, working on trains etc is not easy and therefore, some of the travel time is dead time and can make the day feel really long.
I personally never travelled for more than 2 hours each way, which compared to some colleagues isn't significant, but it takes its toll.
So alongside long working hours, late nights, last minute papers and grumpy judges, you have lots of travel to add on. Some of you may feel completely neutral about this and maybe have already had a long commuting lifestyle for previous jobs or for education. However, I would imagine the vast majority of readers will not have really appreciated that there would be so much time consuming travelling involved. This probably means waking up extremely early to ensure you get to the relevant court at the relevant time, again not everyone's cup of tea.
This is a practical part of the career that it is really important to share, because it is not necessarily a fun, productive or engaging couple of hours, but it is what you will have to do.
Pay/Finances
Anna Walsh gives us an insight in to her experience with pay in family law, which is often publicly funded.
Another important consideration of a career at the publicly funded Bar is the pay which, certainly when junior, can be low and intermittent. I have learnt to bill a case as soon as it concludes as not only is this vital for my own cash flow (as it can often take 6 weeks after a case to be paid or longer) but also chambers relies on the income from members rent and therefore, it is vital for the success of the business.
I think this is a really great piece of practical advice as some aspiring barristers may not be aware of how pay works at the Bar and the financial demands on a barrister. You (the barrister) will be paid by the client (the solicitor, not the lay client) and as Anna said this can take a while, so being organised about billing will be important. Additionally, members of chambers are expected to pay 'rent' for their room in chambers which they work from. So, not only are you earning to provide yourself with a stable income but you are paying for your tenancy at chambers, alongside actual rent, mortgages, bills etc. If you are an organised individual, or make an effort to be organised about your finances, then it seems as though you will handle the financial part of being self-employed a lot better than others.
Utilising your Clerks and Colleagues
Although most barristers are self-employed, that does not mean that they do all the work themselves. There is a whole village of people behind a barrister who help, support and assist in the day to day running of a barristers life. Most important of these are clerks.
Ben Handy gives us a debrief on what a Clerk really does and just how important they are to your practice.
Your clerks and admin teams are really important. Really important! They are usually your client’s first point of contact when they need you for something. They’re the first person you’ll ring whenever anything comes up.
- They organise your diary.
- They ensure that you have the papers you need for any given hearing, at the right time and in the right format.
- They sell you to clients.
- They fight your corner.
- They push you and protect you.
- They put out administrative fires for you all the time.
- They mould your career.
- They make chambers work.
A good working relationship with a team you trust will make your life immeasurably easier. Don’t treat them like staff, treat them like colleagues.
This is also a great note about staying humble in the profession and recognising the help you have had to get where you are!
Family Life
Max Hardy, criminal barrister at 9 Bedford Row, talks about the importance of looking to the future and what you would like your life to look like. Within that, you may wish to start a family and that is nothing unordinary. However, he says that the important part is to make sure that your family life and professional life can coexist, this is one reason why clerks are so important.
I've been a barrister for 16 years. For 12 of those years I was not a father, for 4 I have been. When you start in practice it is impossible to know where life will take you, although starting a family is hardly an unusual development.
Managing a practice without family commitments is very different to doing so when you have caring responsibilities. As a law student, the focus naturally is on the start of a career at the Bar, finding a pupillage then securing a tenancy.
But my advice to those at the start of their careers is to try and imagine their future lives both professionally and personally. Communication is key to ensuring that clerks and chambers respect the demands of your family life.
This is definitely something I have thought about already, when would I want to have a family, how easy would that be with such a demanding career, would I take time out and go back. But, many of you might not have thought about that at all, and as Max said the focus for more students is simply getting in to the profession in the first place. However, there is nothing wrong with looking forward and assessing what you want and how you can make that work.
Standing Out
The OG Pupil has given us some great advice about how to deal with being BAME at the Bar. Although the profession is working to increase diversity, the reality is that you may often be the only BAME professional in a hearing, conference or trial. The OG Pupil explains how to tackle this fear of standing out...
When learning about the legal profession, you have probably heard the phrase: pale, stale and male. Although the fight is out there to remove this stigma and promote diversity at the Bar, I am afraid to say that on my circuit, this stigma is very much real. On many occasions, whilst at the Magistrates' or Crown Court, I have found myself being the only BAME person in the courtroom. Not everyone thinks about this consciously, but it is something I do straight away. Not sure why, but I do. I always look to see if there's anyone else in the room "like me". 95% of the time, there is not.
Although it may be disheartening to see a lack of diversity and representation at the Bar, do not forget that you are making waves by being where you are. You are showing your community and society that we (BAME legal professionals) do exist. Embrace the fact that you are different - never shy away from who you are and don't be afraid to shine! Trust me when I say Rihanna was talking to you when she said, "shine bright like a diamond."
I am not sure I even have anything to add to that inspiring yet real and raw advice. What it does do, apart from being just incredibly inspirational, is it highlights the need for confidence at the bar. If you stand out by reason of your ethnicity, gender, sexuality or disability, it is important to embrace those differences. As The OG Pupil said you are already making waves by just being where you are and doing what you are doing!
Another way in which you might stand out is as a Pupil, the newbie on the block, the baby of chambers. Once again The OG Pupil has some stellar advice...
What some members of the Bar seem to forget is that, we have all been new once. Sometimes, our biggest lessons are learnt from the mistakes we make. Do not be scared if you mess something up, it is pretty much part and parcel of this job. As a Pupil, you will stress yourself out and most likely convince yourself that one mistake will ruin your legal career before it has even begun. Trust me, it won't. I'm speaking from experience. In the words of Hannah Montana, "nobody's perfect, you live and you learn it, and if you mess it up sometimes, nobody's perfect."
Social Implications
Having spoken about the demands and responsibilities that come with a career at the bar, you will not be surprised to hear that your social life can take a back seat. This can often lead to isolation and stress upon friendships and social relationships. Max Hardy has the answer for you...
Likewise, in your personal relationships it can be a big help if those in your life understand that being a barrister is no 9 to 5 job.
This is a great suggestion because the bar is a very illusive career. Very few people outside of the profession really know what it entails and the demands it places on each individual. Being open and communicative with your friends and other people in your life is a great way to ensure that they understand why it is that you might not be free next weekend for their 30th birthday, or the street garden party that you had planned. By helping them understand what you have to do and the time that it takes, you can reduce the guilt you feel when you cancel plans or can't see a friend and the strain on those relationships.
Anna Walsh, also adds the importance of ensuring that you look after your relationships.
Being at the Bar is a real privilege and I know how fortunate I am. That said, it is stressful and the expectations upon me are very high. Therefore, always take time out to look after your wellbeing and invest in your most important relationships when you can, as they are often adversely impacted by the late nights, weekends and cancelled plans spent working, which is not easy for them or you.
So, not only is it important to communicate the demands on you to your friends and family, but also to know when to draw the line, put the laptop away and continue to nurture those relationships. A piece of advice that I often receive is that, there is more to life than law. Although many barristers make their work their whole life, it is important to remember that there is more to life than that, you have friendships, relationships, your health, and endless external opportunities and activities to enjoy. By all means work hard and put your all in to your work, but remember to still be human too.
I know that I definitely felt like this during the BPTC. I was so focused on working to a high level, getting through the readings and succeeding as best I could that I often forgot that there was life outside of the course. I had to force myself away from my desk to go out for drinks with friends, or a run or a dance class. It is so important to keep perspective and ensure that you nurture yourself and those close to you whilst balancing this demanding career.
The Responsibility
One thing that equally excites and petrifies me is the responsibility that is placed on your shoulders as a barrister. I cant even being to imagine how it feels when you go to court on the first day of being on your feet (the first day of second-six during pupillage). Well, Oliver May has given us an insight in to what it is like.
You will be the expert in the room. A lot. If you are trial counsel you are being brought in at the decisive final stage. It is often the culmination of years of other people’s effort and worry. This is one of the most rewarding aspects of the job and it is a genuine privilege to be relied upon by your clients to represent them and (attempt to) solve their problems. But it can feel like a heavy burden being relied upon in this way. You need to be able to maintain composure under that pressure, not only because remaining composed is the best way to represent your clients but also because your clients need to see that you are composed so that they feel that they are in good hands and that justice is being done.
Legally Lola also speaks about how she deals with the responsibility...
As a barrister, with expectations such as being lead counsel, you are in a world of high achievers and you will shoulder all the responsibility for the work that is done on a particular case/hearing. That responsibility can weigh heavily and it can feel like you must never make even the smallest of mistakes or the entire world will come crashing down.
However, as a fallible human being, it is impossible to never make a mistake and it's not a standard that you would hold anyone else to. It's therefore important that when you do make a mistake, that as well as doing your best to rectify it and learn from it, you show yourself some compassion and remember that you are not the first and won't be the last.
I guess this somewhat links to the previous discussions around support teams, mental health and wellbeing. Because, the reality is that it is stressful and there is pressure on you to produce an outcome, but that the pressure can be managed by taking time off, finding support and comfort in your loved ones and taking time to nurture yourself. The point that Lola makes about showing yourself compassion is really great because it can be so easy to beat yourself up over small mistakes whatever stage you are at in your career, so some self-love and kindness to yourself are super important.
Conclusion
So...that's it! The top tips and insight about what life is really like at the Bar and how to manage it. I hope this has not come across as a doom and gloom post about the difficulties that comes with the career. As I have spoken with those who contributed and other barristers, the resounding comment is how great being a barrister is and how rewarding the job is. But, as I said at the beginning it would be naive to think it is all sunshine and rainbows. So, I hope that this post has been informative, insightful and has helped shed light on the practical reality of this career.
Thank you again to all those whose contributed and took the time to provide some insight in to the profession:
Ben Handy - St John's Chambers - @handybenhandy
Victoria Wilson - Goldsmith Chambers - @BarristerWilson
Oliver May - No. 5 Chambers - @OMayDays
Legally Lola - 3 Paper Buildings - @legally_lola
The OG Pupil - anonymous Chambers - @OGPupil
Anna Walsh - Coram Chambers - @A1annaWalsh
Max Hardy - 9 Bedford Row - @MaxJLHardy
Thanks for reading,
Monica x