THIS LAWYERS' LIFE

The work of a lawyer is interesting, challenging and rewarding. It also involves long days and sleepless nights. Ruby Bhavra offers some insight into the legal profession.

In the main, there are two types of lawyers - solicitors and barristers. Until recently, there were two fundamental differences between solicitors and barristers. First, only barristers had exclusive and wide rights of audience - that is, the right to plead - in all courts in England and Wales. Second, only solicitors could be directly hired by individuals or businesses. These differences have eroded now, although the manner and style of the distinction in practice has changed little.

The role of a solicitor is to give advice, support and assistance on matters of law. They are the first point of contact for people and corporations seeking skilled legal advice and representation.

Most solicitors work in private practice, while others work in central and local government or ‘in-house’ in a commercial or industrial organisation. The general categories of law firms are general practice (offering advice to the local community), commercial firms, niche practices (specialising in a particular area of law) and legal aid firms.
There are more solicitors than barristers because most legal work is done outside the courtroom. Qualification of a solicitor usually takes a minimum of six years. After studying for a degree, solicitors go on to study the vocational aspects of practicing by studying the LPC (Legal Practice Course) for one year, before commencing a two-year training contract at a law firm. The minimum trainee salary is about £19,000 a year (but this can be as much as £35,000 in the City). On qualification a solicitor receives a minimum salary of £30,000, rising to up to £85,000 in the City!
The ultimate career ambition for most solicitors in private practice (in other words, those who work for law firms) is to become a partner. Law firms are partnerships, and therefore are owned and managed by partners. Generally, a solicitor becomes a partner after eight or more years at a large commercial firm, and often after only four years at smaller firms.
Broadly speaking, the skills required of solicitors are the ability to advise, negotiate well and to be both a team player and independent worker. These days, solicitors can also be advocates - appearing in court just as barristers do, only without the wig. The development of solicitor advocates has contributed to the fears of the Bar becoming more marginalised. In reality, however, solicitor advocates have had very little impact on the overall practice of barristers. Aside from the very obvious fact that barristers have extensive training, courtroom experience and specialist expertise, which solicitor advocates lack, their services are also cheaper. It is not cost effective for firms, particularly larger City firms, to use solicitor advocates for their courtroom work.

The role of a barrister is to offer advice on legal issues and be on the front line of cases, representing clients in court. They receive their information and instructions through a client’s solicitors and are chiefly involved in the drama of the courtroom, such as in the conduct of cross-examinations. When not appearing in court, they work in Chambers where they prepare their court cases and arguments.

A stark difference between solicitors and barristers is that barristers are usually self-employed. Whereas solicitors tend to form partnerships and practice together under the firm’s name, barristers share chambers with each other, but are all self-employed and independent. The work of a barrister is also sometimes more varied than that of a solicitor. The best barristers are known for their excellent advocacy skills and ability to think on their feet.

The route to becoming a barrister comprises studying the BVC (Bar Vocational Course) for one year followed by pupillage. Pupillage is one year spent in an authorised training organisation (either barristers’ chambers or another approved legal environment), usually split into two six-month periods referred to as ‘sixes’. The minimum remuneration is £10,000 for the year of pupillage, although more prestigious sets pay upwards of around £30,000. After pupillage, prospective barristers have to apply for tenancy. Generally, qualification of a barrister will take a minimum of five years.

In order to be able to practice as a barrister, one has to be ‘called to the Bar’. The call ceremony takes place after the BVC, and just before the commencement of pupillage. One has to be a member of an Inn of Court and have attended the requisite number of 12 prestigious sessions at their Inn.

Inns of Courts are independent societies that are responsible for the training, admission (calling) and regulation of barristers. As mentioned before, a person may only be called to the Bar by an Inn, of which he or she must first become a member. There are four Inns of Courts in London: Lincoln’s Inn, Inner Temple, Middle Temple and Gray’s Inn.

The main function of an Inn is to contribute to the personal development of a prospective barrister. Historically, dining at one’s Inn used to be an important requirement for one’s qualification to be called to the Bar. In contemporary society this requirement undoubtedly appears ludicrous, and indeed is a relic of how barristers were trained in a bygone age. On the other hand, the dining also has a simple and very contemporary purpose. It is a way for students, who will be colleagues in years to come, to be introduced to each other, to established members of the Bar, and to the occasional judge, in fine and historic surroundings. Today the Inns hold a variety of events that count as qualification sessions, from evening concerts to lectures on topical areas of law and weekend skill-based courses.

The Bar remains a highly individualistic profession. Earnings can be high, with a top QC (Queen’s Counsel) making well in excess of £1 million a year. QCs are appointed by letters patent to be one of “Her Majesty’s Counsel learned in the law”. They do not constitute a separate order or degree of lawyers. They are, however, more than merely a professional rank, as their status is conferred by the Crown and recognised by the courts. QCs have the privilege of sitting within the Bar of Court, and wear silk gowns of a special design (hence the informal title ‘Silks’). If the sovereign were a man, their titles would, of course, be KC - for King’s Counsel.

PROFILE>>> RABINDER SINGH QC

In the past, one’s gender, ethnicity, social or educational background could have posed a serious challenge to one’s entering the legal profession. Increasingly, such barriers are being removed as modern law firms and the Bar have become much more open and diverse. An excellent illustration of someone who has successfully surmounted all obstacles is Rabinder Singh QC of Matrix Chambers.

The first full-time high court judge of Asian extraction, Rabinder Singh is a leading advocate and QC. He has played a major part in many groundbreaking cases, appearing in some of the most politically important cases of recent times. His CV includes representing the human rights group Liberty in the Belmarsh detention case, and representing families of six Iraqi civilians who were killed during the British occupation of South East Iraq.

Singh read for his BA in Law at Cambridge and went on to do his LLM at Berkeley in the United States. In 1989, Singh was called to the Bar, and received his ‘Silk’ in 2002. He was appointed as a deputy High Court judge in 2003 and is one of the youngest people to sit as a judge in the High Court.

In addition, Singh has experienced advocacy at all levels of courts, from the Employment Tribunal to the House of Lords, the Privy Council, the European Court of Justice, and the European Court of Human Rights. His breadth of practice is impressive, as he has undertaken cases ranging from commercial and tax disputes to media law, mental health, and prisoners’ rights. He also has particular expertise in cross-disciplinary work, with the ability to handle issues of public law, EC and international law as they impact on commercial and employment law.

Recognised for his “real star quality”, Singh is one of the most remarkable ethnic minority lawyers in the profession. The diversity of his practice also illustrates just how varied the work of a barrister can be. He continues to attract praise in significant cases and remains one of the most inspiring ethnic minority QCs.