Pupillage
Encyclopedia
A pupillage, in England
and Wales
, Northern Ireland
and Ireland
, is the barrister
's equivalent of the training contract
that a solicitor
undertakes. It is similar to an apprenticeship
where students build on what they have learnt during the Bar Professional Training Course
by combining it with practical work experience in a set of barristers' chambers
.
A pupillage is the final stage of training to be a barrister
and usually lasts one year, in England and Wales
being made up of two six-month periods (known as "sixes"). The first of these is the non-practising six during which pupils shadow their pupilmaster and the second will be a practising six when pupils can undertake to supply legal services and exercise rights of audience
.
At the end of the first six months a pupil must get their pupilmaster to sign a certificate confirming satisfactory completion and send it to the Bar Council
. The pupil will then receive a Provisional Qualification Certificate. At the end of the second six months a pupil must get their pupilmaster to sign another certificate confirming satisfactory completion and send it to the Bar Council Education and Training Department. The pupil will then receive a Full Qualification Certificate.
Although pupillage is used to describe the training for all barristers, there is little in common between different sorts of pupillages. A good example is the enormous contrast between a criminal bar pupil and a commercial bar pupil: during the second six months of pupillage, the first will be in court
on a daily basis, dealing primarily with witnesses and facts; the second will rarely go to court
, dealing with written legal analysis for companies and assisting senior members of chambers
with their work.
In the second six months of pupillage, each pupil is responsible for their own case load. This will range from a first appearance in the county court or magistrates' court
, hearings in the high court or crown court
to full trials
. Some second six pupils may even gain experience of jury
trials, but this is extremely rare. Generally speaking, most second six pupils handle minor proceedings such as case management conferences, plea and directions hearings, infant settlements or small claims cases such as possession hearings, debt recovery proceedings or road traffic claims.
The amount of work that a pupil will gain in their second six is dependent on their chambers. Second six pupils in criminal sets are typically in court several times a week, while pupils in civil sets may only have two or three cases in a week, and second six pupils in commercial sets can go their entire pupillage without ever appearing in court.
In most leading criminal and civil sets pupils receive a frequent supply of work. However, as clerks do not prioritise pupils, it may take a considerable amount of time before they are paid for the work they do. In some cases, pupils will never be paid for the work they carry out in court. This has led to a situation where pupils struggle to make ends meet, especially in criminal sets.
has decreed that all pupils must be remunerated in the minimum sum of £1000 per month, equating to £12,000 per year, which must be made up of (at minimum) an award of £6,000 in the first six and guaranteed earnings of £6,000 in the second six. It is usual practice for Chambers to allow pupils to retain all second-six earnings in excess of this amount, although these can be subject to deductions for clerking, chambers expenses and other sums. It should also be noted that it can take several months for solicitors to pay pupils for magistrates court work which can cause financial hardship.
While pupils are allowed to supplement their incomes by undertaking part-time work outside of their pupillages, with the permission of their pupil master or Head of Chambers, the Bar Council also requires pupils to apply themselves full time to pupillage. Therefore opportunities for earning outside of pupillage are limited by time constraints.
Pupillage is recognised as a difficult and demanding time. Pupils must attempt to impress as many members of their chambers as is possible. They will also have to impress their clerks by completing as many cases as possible and still impressing solicitors.
The Working Time Directive
applies to pupillages. Pupils may therefore work a maximum of 48 hours per week, unless an opt-out has been signed. However successful pupils will work well in excess of 48 hours per week and will take little or no holiday.
, a web-based application centre, usually about one year ahead of the proposed starting date. Non-Pupillage Portal chambers have their own application procedures, and details of how to contact all chambers with pupillages are advertised on the Pupillage Portal website.
Gaining a pupillage is not easy. There is some evidence to suggest that every year around only 5-10% of applicants are successful. A candidate will need to demonstrate strong academic qualifications (preferably First Class Honours degree from a leading university) or excellent extracurricular activities. Working for the Free Representation Unit
is strongly encouraged by pupillage selection committees.
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
, Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
and Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, is the barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
's equivalent of the training contract
Training contract
A training contract is a compulsory period of practical training in a law firm for law graduates before they can qualify as a solicitor in the United Kingdom, the Republic of Ireland, Australia or Hong Kong...
that a solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
undertakes. It is similar to an apprenticeship
Apprenticeship
Apprenticeship is a system of training a new generation of practitioners of a skill. Apprentices or protégés build their careers from apprenticeships...
where students build on what they have learnt during the Bar Professional Training Course
Bar Professional Training Course
The Bar Professional Training Course is a graduate course that is completed by those wishing to be called to the Bar, i.e. to practise as a barrister in England and Wales...
by combining it with practical work experience in a set of barristers' chambers
Chambers (law)
A judge's chambers, often just called his or her chambers, is the office of a judge.Chambers may also refer to the type of courtroom where motions related to matter of procedure are heard.- United Kingdom and Commonwealth :...
.
A pupillage is the final stage of training to be a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
and usually lasts one year, in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
being made up of two six-month periods (known as "sixes"). The first of these is the non-practising six during which pupils shadow their pupilmaster and the second will be a practising six when pupils can undertake to supply legal services and exercise rights of audience
Rights of audience
In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. In English law, there is a fundamental distinction between barristers, who have a right of audience, and solicitors, who traditionally do not ; there is no such...
.
At the end of the first six months a pupil must get their pupilmaster to sign a certificate confirming satisfactory completion and send it to the Bar Council
Bar council
A bar council , in a Commonwealth country and in the Republic of Ireland, the Bar Council of Ireland is a professional body that regulates the profession of barristers together with the King's Inns. Solicitors are generally regulated by the Law society....
. The pupil will then receive a Provisional Qualification Certificate. At the end of the second six months a pupil must get their pupilmaster to sign another certificate confirming satisfactory completion and send it to the Bar Council Education and Training Department. The pupil will then receive a Full Qualification Certificate.
Although pupillage is used to describe the training for all barristers, there is little in common between different sorts of pupillages. A good example is the enormous contrast between a criminal bar pupil and a commercial bar pupil: during the second six months of pupillage, the first will be in court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
on a daily basis, dealing primarily with witnesses and facts; the second will rarely go to court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
, dealing with written legal analysis for companies and assisting senior members of chambers
Chambers (law)
A judge's chambers, often just called his or her chambers, is the office of a judge.Chambers may also refer to the type of courtroom where motions related to matter of procedure are heard.- United Kingdom and Commonwealth :...
with their work.
Structure of pupillage
Pupillages are split into two different phases. The first is known as the "first six". This involves witnessesing the pupil's supervisor at court, in conference and assisting with paperwork. In many chambers, this is the more relaxed part of the pupillage, as the pupil has little responsibility.In the second six months of pupillage, each pupil is responsible for their own case load. This will range from a first appearance in the county court or magistrates' court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
, hearings in the high court or crown court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
to full trials
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
. Some second six pupils may even gain experience of jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
trials, but this is extremely rare. Generally speaking, most second six pupils handle minor proceedings such as case management conferences, plea and directions hearings, infant settlements or small claims cases such as possession hearings, debt recovery proceedings or road traffic claims.
The amount of work that a pupil will gain in their second six is dependent on their chambers. Second six pupils in criminal sets are typically in court several times a week, while pupils in civil sets may only have two or three cases in a week, and second six pupils in commercial sets can go their entire pupillage without ever appearing in court.
In most leading criminal and civil sets pupils receive a frequent supply of work. However, as clerks do not prioritise pupils, it may take a considerable amount of time before they are paid for the work they do. In some cases, pupils will never be paid for the work they carry out in court. This has led to a situation where pupils struggle to make ends meet, especially in criminal sets.
Availability of pupillages
The table below shows the number of barristers who commenced second-six pupillages from 2000/1 to 2007/8:| From | To | Number |
|---|---|---|
| 1 October 2000 | 30 September 2001 | 700 |
| 1 October 2001 | 30 September 2002 | 724 |
| 1 October 2002 | 30 September 2003 | 702 |
| 1 October 2003 | 30 September 2004 | 557 |
| 1 October 2004 | 30 September 2005 | 598 |
| 1 October 2005 | 30 September 2006 | 567 |
| 1 October 2006 | 30 September 2007 | 563 |
| 1 October 2007 | 30 September 2008 | 554 |
Financial position of pupils
The financial position of pupils varies enormously. Some pupil barristers will earn £12,000 (the Bar Council minimum) for a 12-month pupillage in a criminal set. A pupillage at a top commercial chambers can pay £60,000. The Bar CouncilBar council
A bar council , in a Commonwealth country and in the Republic of Ireland, the Bar Council of Ireland is a professional body that regulates the profession of barristers together with the King's Inns. Solicitors are generally regulated by the Law society....
has decreed that all pupils must be remunerated in the minimum sum of £1000 per month, equating to £12,000 per year, which must be made up of (at minimum) an award of £6,000 in the first six and guaranteed earnings of £6,000 in the second six. It is usual practice for Chambers to allow pupils to retain all second-six earnings in excess of this amount, although these can be subject to deductions for clerking, chambers expenses and other sums. It should also be noted that it can take several months for solicitors to pay pupils for magistrates court work which can cause financial hardship.
While pupils are allowed to supplement their incomes by undertaking part-time work outside of their pupillages, with the permission of their pupil master or Head of Chambers, the Bar Council also requires pupils to apply themselves full time to pupillage. Therefore opportunities for earning outside of pupillage are limited by time constraints.
Pupillage is recognised as a difficult and demanding time. Pupils must attempt to impress as many members of their chambers as is possible. They will also have to impress their clerks by completing as many cases as possible and still impressing solicitors.
The Working Time Directive
Working Time Directive
The Working Time Directive is a European Union Directive, which creates the right for EU workers to a minimum number of holidays each year, paid breaks, and rest of at least 11 hours in any 24 hours; restricts excessive night work; and makes a default right to work no more than 48 hours per week....
applies to pupillages. Pupils may therefore work a maximum of 48 hours per week, unless an opt-out has been signed. However successful pupils will work well in excess of 48 hours per week and will take little or no holiday.
Gaining pupillage
Prospective pupils can apply in advance for pupillages offered through Pupillage PortalOLPAS
The Online Pupillage Application System, or OLPAS was a centralised service through which students applied for pupillage, the last stage of their training to barrister in England and Wales. It was replaced in 2009 by a new, similar, system called Pupillage Portal...
, a web-based application centre, usually about one year ahead of the proposed starting date. Non-Pupillage Portal chambers have their own application procedures, and details of how to contact all chambers with pupillages are advertised on the Pupillage Portal website.
Gaining a pupillage is not easy. There is some evidence to suggest that every year around only 5-10% of applicants are successful. A candidate will need to demonstrate strong academic qualifications (preferably First Class Honours degree from a leading university) or excellent extracurricular activities. Working for the Free Representation Unit
Free Representation Unit
The Free Representation Unit is the largest single provider of pro bono services in the United Kingdom. It was founded in 1972 by several law students at bar school. The aim was that they would provide representation for poor people...
is strongly encouraged by pupillage selection committees.
See also
- Anna Williams (ed), Chambers Student Guide to Careers in the Law 2010 ISBN 987-0-85514-312-1
- OLPASOLPASThe Online Pupillage Application System, or OLPAS was a centralised service through which students applied for pupillage, the last stage of their training to barrister in England and Wales. It was replaced in 2009 by a new, similar, system called Pupillage Portal...
- DevillingDevillingDevilling is the period of training, pupillage or junior work undertaken by a person wishing to become an advocate in one of the legal systems of the United Kingdom or Ireland.-Scotland:...
, the Scottish system