As soon as any big transition looms on the horizon, the advice “don’t underestimate it!” seems to ring out from all corners from those who have already taken that leap.          Any pupil barrister will have risen to many challenges already to get to pupillage. The transition from an undergraduate degree or previous career to tackling the Bar course feels enormous. The jobs and studies undertaken between the Bar course and securing pupillage is yet another leap, all leading up to the final hurdle: pupillage.

By Isabella Taylor, barrister at 4-5 Gray’s Inn Square

Here are some practical tips, hopefully of use to pupils and pupil supervisors, to prepare pupils for the biggest transition yet – practising as a barrister in the second six.

1.     Don’t underestimate it (sorry, I warned you!)

After years of determination and grit, finally entering practice is what all the sleepless nights have led up to. No transition in the journey to the Bar compares to the leap required from the first six to a practicing second six. Even after the first six months of pupillage working closely with different supervisors, travelling to and from Courts up and down the country, and drafting written work in an array of areas, nothing can ever emulate the feeling of standing up in Court in one’s own right.

Approaching second six with an awareness of the responsibility that comes with the role is essential. The barrister is often the final lawyer to look over a case, and although pupils remain on their supervisors’ insurance policies until tenancy, the regulatory duties and obligations of a pupil and a tenant are identical.

An appreciation of the stakes of the role will enable the pupil to prepare mentally for what is to come. Barristers are approached as experts, and it is essential that second six pupils feel confident and able to tackle the challenges that come with the role. Confidence comes from knowledge, and therefore knowing what the second six entails and ensuring this is not underestimated is a great way to hit the ground running when starting on your feet.

2.     Shadow the junior juniors

The best preparation in the immediate lead up to the second six is to see the sorts of cases that second six pupils are instructed on. As much as pupils may envisage their futures in the appellate courts, robed and leading submissions, no matter the practice area, second six is not quite as glamorous. Of course, the value obtained from being exposed to the fascinating and aspirational work of pupil supervisors in the higher courts excellently prepares one for practice. However, it is just as important, particularly in the immediate months leading up to starting on your feet, to shadow the junior juniors.

County Courts and Magistrates’ Courts have their own unique charms and conventions, and it is incredibly useful to watch junior juniors navigate those courts before one begins. Working with pupil supervisors and the clerking team to arrange shadowing of this sort will be ideal preparation for a practising second six. If time permits, having the opportunity to review the papers and assess how one would approach the case prior to shadowing the junior juniors will be excellent practice. Additionally, drafting the minute of the order after a hearing or having a go at a short skeleton argument will help give the pupil confidence when they begin practising in their own right.

3.     Ethics, ethics, ethics.

During pupillage, pupils are required to sit a further ethics exam on top of the ethics examination completed during the bar course. Almost every week of practice presents an ethical dilemma in some shape or form, and therefore taking the time to thoroughly review the BSB handbook before starting practice is essential. Ultimately, the barristers are responsible for themselves, and feeling confident about where the lines need to be drawn from an ethical perspective is crucial to practising in one’s own right.

Right from the start, situations arise where the pupil will need to advise on nuanced points of law and take stock of their instructions to ensure there are proceeding correctly. Chambers will have their own systems of ongoing supervision to support pupils in this regard, but issue-spotting and knowing when to ask for help is crucial so as to make the most out of those arrangements.

4.     Calculate how long certain tasks take to complete

Oral advocacy and written submissions are such an exciting element of life at the Bar, and often those are the exact vocational skills that drew pupils to becoming a barrister in the first place. Being prepared to shoulder the time pressure of practice alongside high-quality advocacy will set pupils up for success.

Pupils should try to ascertain how long the preparation for advocacy tasks takes to complete, this will enable the pupil to communicate with the clerking team about how much time they will need in advance of cases. Throughout the first six months of pupillage, taking stock of the different advocacy styles of different barristers is very useful for determining one’s own style and approach. This goes for case preparation too, learning from more experienced barristers about how to approach a set of papers and time manage effectively is vital.

Certainly, the more often a pupil appears in Court, the less time they will need to prepare. Nonetheless, at the beginning, it is so important to remember than an abundance of preparation time can provide peace of mind. Having a clear idea about how to navigate these time management decisions before starting will enable the pupil to conduct great advocacy right from the beginning. When paperwork begins to be incorporated into the pupil’s practice, a similar exercise can be undertaken so accurate time estimates can be given to clients for how long a piece of work will take.

5.     Take time off in advance

If possible, recharging and having a proper break before starting the practising period of pupillage will enable the pupil to hit the ground running. As boring as it may seem, there are a lot of administrative tasks involved in starting practice, whether that be getting VAT registered, planning the initiation of income tax and national insurance, or even just sorting the pupillage change of circumstances forms.

Allowing for time to ensure that the administrative tasks can be done, alongside recharging and having a proper break, will allow the pupil to start on their feet with a clear head ready for the next chapter. Reading for pleasure, exercise, and time with friends and family are examples of good ingredients for a successful and healthy career at the Bar, both during practice and when one’s on leave. Before kicking off the biggest step yet, some proper time off to re-energise and refresh will enable the pupil to land on their feet and kick off their second six in the best position possible.

Conclusion

The second six of pupillage marks the beginning of what will hopefully be a long and enriching career at the Bar. Understanding the responsibilities that come with the highly anticipated provisional practising certificate will enable the pupil to mentally prepare for the challenge ahead. Representing clients at hearings, conducting conferences and providing legal advice is precisely the stage that pupils have worked so hard to reach.

Embracing the responsibility head on is the best way to approach the second six, and rest assured that there is so much joy and intellectual stimulation to be gleaned from practising in your own right. Chambers are the best support network to guide a pupil through this transition, and the Bar is full of wonderful mentors who remember how daunting those early days are. Leaning on those around you for support and keeping an open dialogue with Chambers about your needs is the best way to navigate the early days of practice with confidence.

Isabella Taylor, barrister at 4-5 Gray’s Inn Square