The Bar Standards Board’s (BSB’s) strong opposition to a number of initiatives laid out in Lord Neuberger’s ‘Entry to the Bar’ interim report has sparked renewed debate within the profession. Many barristers and Bar Vocational Course (BVC) students were quick to criticise the new-look regulatory arm for its rejection of key Neuberger proposals, arguing that legal education needs tough reform.
Pump Court chief executive Carolyn McCombe reflected the views of much of the profession, saying: “What I find outrageous is that BVC course providers take money from kids who have no prospects of becoming barristers and will not even get near a pupillage.”
Neuberger’s working party is set to review responses to its interim report after the deadline for reply passed at the end of last month (31 May). A significant number of replies from a range of institutions such as
The BSB has replied that it could not see how limiting the number of BVC places due to “over-supply” — one of the proposals suggested by the working party — would increase quality or diversity at the Bar. It also rejected plans to increase the standard of entry to the BVC to a 2:1 degree. In both instances the initiatives were rejected based on “the absence of firm evidence to the likely benefits”.
It is widely accepted that the BVC is over-subscribed, with the first ever Bar Council survey of student trends published last October showing that of the 71.5% of BVC students that had applied for a pupillage, more than half (51%) had not even been interviewed. Of those who did get an interview, 49.8% did not receive an offer.
In a Legal Week Big Question survey in April, almost three-quarters (73%) of partners backed plans to raise the bar for BVC entry to a 2:1, although support for capping the number of BVC places was less clear cut, with 55% of respondents backing the idea.
Old Square Chambers senior clerk John Taylor commented: “A 2:1 seems like a fair benchmark. It would seem unusual for anyone to get through with a grade lower than that.”
Indeed, opinion across the profession suggested the BSB’s stance is out of touch with the profession. “It is truly sad when a forward-thinking judge such as Lord Neuberger proposes at least the first step in making the BVC a more realistically sensible vocational course, that the BSB panders to the cries of Inns of Court School of Law (ICSL), which will be the only losers,” said one former barrister, adding: “Isn’t it about time the BVC was consigned to history and training made more practical and vocationally-oriented?”
Former BVC students suggested an interview process could be included in BVC selection in addition to the online application process currently used. Another suggestion was to introduce a monitoring system on the course where under-performers could ‘bow out gracefully’ and save some of the £10,000 that they would otherwise be wasting.
However, the BSB did cite equality of opportunity on entry to the Bar as paramount to delivering a diverse and representative Bar and backed plans to help candidates from financially disadvantaged backgrounds, including a Bar loan scheme.
The body also supported proposals that could require barristers’ chambers to offer students pupillage before they commit to studying the BVC.
BSB director Mark Stobbs said: “The BSB, through its newly-established education and training committee, is keen to consider the working group’s proposals on quality and access to the profession.”
However, one clerk accused the BSB of being a victim of political correctness: “I cannot help thinking the BSB has spoken out like this purely for political reasons in a politically-correct world in which people have to watch what they say.”
Neuberger’s working party is set to publish its final recommendations later this year.
See legalweek.com/talkback for more comment.
The offshore attraction
With three high-profile English barristers packing up and moving to offshore jurisdictions, the attraction of a career move overseas remains strong.
Quadrant Chambers’ respected silk Nigel Meeson and Jo Cunningham are moving to the
Meeson, who is set to join Conyers Dill & Pearman’s
Meeson, a member of the Chartered Institute of Arbitrators and a Centre for Eeffective Dispute Resolution (CEDR)-qualified mediator, follows fellow barrister and BVI-based head of litigation Mark Forte, who joined the firm in 2004 from
Forte said the firm’s litigation department had seen strong interest from English barristers when recruiting. “Richard Evans joined our litigation department in the BVI office in November 2005 from 5 Paper Buildings. We asked for a minimum of 10 years’ experience and shortlisted 15 people for the job; 14 of those were from the English commercial Bar.” He added: “We are seeing more senior practitioners prepared to move over here to live as a first career choice rather than a fallback position. The jurisdiction has become more attractive for the quality of work we are getting.”
Meeson commented: “Individuals have been attracted to work in these jurisdictions as there is no need to re-qualify. There has always been a flow of people and perhaps there are more people now as some jurisdictions are expanding and pushing their profile.”
He added: “I was offered something very attractive in being head of litigation for a major firm — the fact that it was in the
Cunningham, meanwhile, is set to join offshore firm Maples and Calder in the BVI.
In addition, Essex Court Chambers’ Victor Lyon QC is set to take up a post at
Career paths at the Bar are changing, with a less predictable flow of work.
Four new tenants for No5
The
Family specialists Rachel Rowley and Stephen Abberley both joined No5’s
Criminal specialist Andrew Keogh and employment practitioner Helen Barney joined No5 from Mitre Court Chambers and Broadway House Chambers respectively.
Keogh will be based in the set’s
No5 has offices in
The set announced in April this year that former head Harry Wolton QC is to return to chambers, having led No5 in the 1980s. He leaves London-based set
