Pupillage and Tenancy

1.1 Pupils taken on as tenants are the future of Chambers and hence the selection of good pupils is critical. 15 Winckley Square Chambers hopes that every pupil taken on will eventually be offered a tenancy, which should be the goal of every pupil. It can only be achieved through hard work, effort and a demonstration of competence and commitment.

1.2 Chambers does not guarantee that a tenancy will be offered to every pupil. However, the offer of a pupillage is made on the understanding that Chambers only takes as pupils those whom it is thought are likely to be suitable for consideration as tenants.

1.3 Any person becoming a pupil is expected to maintain the highest standards of professional and personal behaviour and in return is entitled to expect nothing less from the Members of Chambers.

1.4 Each pupil in 15 Winckley Square will have one pupil supervisor. However, a pupil is very much a pupil of the whole of Chambers and it is the responsibility of every Member to provide a pupil with help, advice, assistance and encouragement as and when it is needed.

1.5 At all times this policy shall be applied in accordance with the Bar Council’s "Equality Code for the Bar" and the provisions of the Code of Conduct for the Bar. All applications for tenancy, pupillage and mini-pupillage are equally considered, solely on merit and regardless of age, sex, race, ethnic origin, background, political persuasion, religion, marital status, sexual orientation or physical disability.

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2.1 Mini-pupillages of one or two week’s duration are offered from time to time to those who display a keen interest. A declaration and confidentiality undertaking must be signed by any mini-pupil. The declaration will be forwarded to the mini-pupil with the letter of offer and must be returned to the Quality Mark Assurance Manager before the date of commencement of the mini-pupillage.

2.2 Mini-pupils will be given as wide an experience of life at the Bar as possible within a one or two-week mini-pupillage including attendance at Court, a view of life in Chambers and a sight of conference, advisory and drafting work with a practising member of Chambers.

2.3 Applications are made, with accompanying C.V. and a statement of the preferred dates for attendance to Huw Dixon who liaises with the clerks on selection decisions, which are based on the applicants’ letter and CV.

2.4 Records of all applications for mini-pupillage are maintained by the Quality Mark Assurance Manager. All requests for mini-pupillage are answered in writing as soon as reasonably practicable.

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3.1 The decision whether or not to offer a pupillage in any given year is made by the Management Committee. In general terms, Chambers likes to be able to offer one pupillage each year to the applicant considered to be of outstanding ability. The number of pupillages and the finance available for pupillage are advertised in the Pupillage Award Booklet, in a number of other pupillage handbooks and the information is available on Chambers’ web site.

3.2 Chambers are presently members of the OLPAS scheme and all applications for pupillage must be through OLPAS. Selection of pupils takes place according to the OLPAS rules and the associated timetable.

3.3 Chambers has a selection committee, whose task it is to select pupils and oversee pupillages. The arrangements for the selection committee are detailed in Chambers’ Constitution. The membership of the selection committee comprises of members drawn from the whole of Chambers and representative of the differing practices within Chambers and levels of seniority.

3.4 Upon receipt of the material from OLPAS, the standard application forms are anonymised as far as possible by a clerk to remove details of name, address and telephone number etc. At this stage only the Pupillage Officer who has custody of the OLPAS material, has any access to these details.

3.5 Each of the selection committee members receives a copy of each anonymised application form and indicates whether or not the applicant should be considered for interview. Each committee member draws up his list of 10 to 15 candidates who are considered suitable for interview. These lists are initially collated by the pupillage officer. The committee members then meet to collate the assessments and to review any applications where there are any particular discrepancies of views.

3.6 From this exercise, a short list of approximately 10 candidates is drawn up by the selection committee for interview of those who, at face value of the written submission, appear to be suitable.

3.7 In absolute exercise of its discretion, the selection committee can call for interview any candidate, in addition to those selected according to the above process, whose application seems to them for any reason to merit further consideration.

Interviews

3.8 Those candidates chosen for interview are asked to make appointments with a clerk. The interviews are usually all held on a Saturday, throughout the day, and each applicant has up to a 50 minute period allocated to him or her.

3.9 The interview panel consists of members of the selection committee, together with the Head of Chambers or in the event that committee members are unavailable, such other members of Chambers as the Pupillage Officer may appoint. The interview panel is structured to reflect a broad spectrum of the work done by, and experience of, members of chambers.

3.10 The interview schedule, person specification and selection criteria, standard set of questions and guidelines for scoring are discussed and agreed by the selection committee before the interviews begin. Interviews are structured to ensure that similar areas relating to the selection criteria are covered in questions to all candidates in order to ensure comparability between interviews. Remaining questions may cover a wide variety of topics dependent on the individual candidate.

3.11 At the commencement of the interview, it is stressed that the interviewee should feel at ease. The purpose of the interview is to find out as much as is possible about the interviewee so that the committee can assess the qualities of each particular candidate. It is expected that the candidates will have questions to ask of the selection panel and will be encouraged to ask questions.

3.12 Each panel member scores each candidate at the end of the interview against the following qualities: integrity, personality, proven academic ability, clarity of thought and expression, and an ability to get on with people. Selection panel members also make individual notes of each applicant.

3.13 Candidates will be asked some questions of a practical nature and asked how they would address the issues raised during the interview process.

• decline to accept anyone for pupillage if the standard of applicants seems to them to be unsatisfactory; or
• identify one successful candidate for pupillage or,
• consider offering more than one pupillage if there is more than one outstanding applicant at interview or,
• where it is not possible to identify a successful candidate, invite those candidates who stood out at interview to spend a full day in Chambers so that as many Members of Chambers as possible can meet the candidates.

3.15 In the latter situation above, those selected applicants are asked to visit Chambers for a day in order to see Chambers and to meet and be seen by other members of Chambers. Following these visits, the selection committee takes soundings from members and reaches a decision.

3.16 The selection committee may take up references when deemed necessary and an offer of pupillage is made via OLPAS to the most suitable candidate(s) with a list of reserve candidates in case of non-acceptance. The selection committee advises Chambers of whom it has appointed to pupillage within 14 days.

3.17 At each of the above stages, unsuccessful candidates are notified promptly and all requests for constructive feedback are answered as soon as reasonably practical.

3.18 The Head of Pupillage maintains all documentation relating to pupillage and selection decisions and drafts a report annually for the Management Committee on the effectiveness of the pupillage selection process.

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4.1 Each non-practising pupil receives from Chambers by the end of each month of the non-practising six months of his/her pupillage the sum of:

(a) £1134 (for the pupillage year commencing September 2008); plus

(b) such further sum as may be necessary to reimburse expenses reasonably incurred by the pupil on travel (including parking) for the purposes of pupillage during that month. Proof of travel and parking expenses incurred is necessary.

4.2 Each practising pupil receives from Chambers by the end of each month of the practising six months of his/her pupillage the sum of:

(a) £1134 (for the pupillage year commencing September 2008); plus

(b) such further sum as may be necessary to reimburse expenses reasonably incurred by the pupil on travel (including parking) for the purposes of his/her pupillage during that month. (Again, proof of travel and parking expenses incurred is necessary);

LESS
(c) such amount, if any, as the pupil may receive during that month from his practice as a barrister; and

LESS
(d) such amounts, if any, as the pupil may have received during the preceding months of his practising pupillage from his practice as a barrister, save to the extent that the amount paid to the pupil in respect of any such month was less than the total of the sums provided for in sub-paragraphs (a) and (b) above.

4.3 All claims for travelling and parking expenses and the costs of all courses that the pupil is obliged to attend should be made in the first instance to the Chambers Practice Manager. Any difficulties arising with the Practice Manager over payment will be resolved in accordance with the GRIEVANCE PROCEDURE FOR PUPILS – see para. 11 infra.

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5.1 At all times a pupil supervisor should be a guide and counsellor, offer friendship to the pupil and ensure that, so far as possible, the pupil’s environment (physical, professional and social) within Chambers is such as to facilitate the pupil’s task of learning and preparing for practice at the Bar.

5.2 The pupil supervisor shall ensure that the pupil is provided with and retains the checklist and completes it conscientiously and accurately. The pupil supervisor will complete the same promptly and fully where required.

5.3 The pupil supervisor shall give instructions and training in those documents that form part of the checklist. The pupil supervisor should require the pupil to read his papers and draft pleadings and other documents including opinions and should require the pupil to accompany him to conferences and to court so that the pupil has the opportunity to do all such work and gain all such experience as is appropriate for a person commencing practice and the type of work done by the pupil supervisor.

5.4 The pupil supervisor should discuss all work done by the pupil and shall enable the pupil to see in particular Court work done by junior members of Chambers and to meet instructing solicitors.

5.5 The pupil supervisor should encourage the pupil to discuss problems and questions relating to practice with himself and other members of Chambers as they arise.

5.6 The pupil supervisor must ensure that the pupil is well grounded in the rules of conduct and etiquette at the Bar and during the second six months the pupil supervisor should give assistance before the pupil goes into Court and discuss the experience afterwards.

5.7 The pupil supervisor should check that briefs and instructions are allotted to the pupil by the clerk fairly and that the gender or ethnic origins of the pupil are not allowed to affect the distribution of work save in so far as the pupil expresses a wish to specialise in any particular area of practice.

5.8 Pupils are encouraged to do a variety of paperwork for other members of Chambers. It is the duty of the pupil supervisor to monitor and sanction the supply of paperwork and to ensure the pupil is not being over burdened.

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6.1 A pupil is expected to devote his or her full time to pupillage. Holidays and days away from Chambers are arranged with the pupil supervisor and in the second six months with the senior clerk.

6.2 A pupil is expected to respect the character and ethos of Chambers and do his or her best to further its standing and reputation by maintaining the highest possible standards of appearance, behaviour and attitude to professional and lay clients.

6.3 A pupil is expected to preserve the confidence of Chambers and its clients and not to discuss matters affecting either the administration and organisation of Chambers or any of the work done within Chambers with anyone outside Chambers.

6.4 A pupil is not expected to know everything but is expected to ask questions and find things out. In particular, a pupil should not hesitate to get things clear and be satisfied as to what is expected of him or her at any time or in any circumstance by asking for advice and assistance in the first place from the pupil supervisor or else from any other member of Chambers.

6.5 A pupil is expected to assist other members of Chambers from time to time with photocopying, collating authorities, updating loose-leaf publications and research.

6.6 A pupil is expected to join in the life of Chambers wholeheartedly.

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7.1 Chambers intends to give every pupil as broad based a legal education as possible. Each pupil will have one pupil supervisor who is responsible for overall organisation and supervision. The pupillage is designed to provide full and complete guidance and education to professional practice at the Bar in that field of law chosen by the pupil and to a lesser extent to give the pupil experience of those fields of law practiced by other Members of Chambers.

• providing an induction into Chambers according to the induction procedure at section 4.5 of the Chambers Manual suitably modified
• introducing the pupil to other members of Chambers, the clerks and other staff,
• discussing the structure of pupillage, hours of work, training, the library, photocopying, security of and access to Chambers, travel costs and such like matters;
• discussing appearance, confidentiality and conduct with solicitors and precisely what will be expected during pupillage;
• dealing with any questions or worries expressed by the pupil,
• providing to the pupil on the first day of pupillage, the Pupillage Practices Booklet.
Details of the induction programme are recorded.

7.3 For the first three months of pupillage, the pupil will spend the whole of his or her time in and out of Court with the pupil supervisor. In the second three months of pupillage, the pupil will accompany other members of Chambers who specialise in different disciplines from the pupil supervisor. The emphasis will be mainly on Court work.

7.4 It is anticipated that in the last month of the first six months, the pupil will accompany junior members so as to gain experiences of the type and level of work that they may be required to do in the second six months of their pupillage.

7.5 The pupil will attend all compulsory education seminars as required by the Bar Council and keep records of such (see paragraph 5).

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8.1 In the second six months of pupillage, pupils can expect to undertake paperwork and court work in their own right but at all times remain under the supervision of the pupil supervisor.

8.2 During pupillage, the pupil supervisor and the clerks and any other member of Chambers will bear the pupil in mind and invite him or her to attend at any useful, unusual or otherwise educative court appearance or conference.

• the date of any course/training
• the title of the course/training
• the course or training provider.

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9.1 The pupil supervisor monitors the pupil’s progress by the standard of the work done and by discussing with the pupil how the work is proceeding. Chambers makes use of the Bar Council approved checklists and pupils and pupil supervisors are expected to complete as many aspects of the list as possible. Therefore, a pupil and the pupil supervisor will discuss how the pupillage is going approximately monthly in connection with the completion of the checklist.

• after three months,
• before completion of the Certificate at the end of the first 6 months; and
• after nine months

• their impressions and views of the pupil,
• what sort of work should be done for the subsequent period,
• critical and supportive feedback for the pupil,
• the pupil’s strengths and areas for improvement.

9.3 The Head of Chambers will exercise a continuing supervision of all pupillages conducted in Chambers and will intervene if it appears to him or her that intervention is required. At any stage, a pupil can ask the Head of Chambers to consider all or any aspect of pupillage and should do so without fear of recrimination.

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10.1 Responsibility for the fair distribution of work to pupils and junior tenants rests with the Senior Clerk. Work is normally distributed to pupils on a rotating basis subject to availability of the pupil. The pupil supervisor regularly (every two months for working pupils, and every 6 months for junior tenants) reviews the work distribution with the Senior Clerk to ensure fair distribution and equal opportunity.

10.2 The pupil supervisor should also ask the pupil at regular intervals whether they feel that the distribution of work has been fair, and that pupils are satisfied that they have been give the opportunity to experience the full range of training available.

10.3 The distribution of work to working pupils and junior tenants is monitored through computerised records including returns and work allocated on the advice and suggestion of the clerk and fees earned.

10.4 If any discrimination is identified the Head of Chambers shall ensure that action is taken to prevent this happening again.

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11.1 Any grievance, problems or concerns that the pupil may have in respect of any aspect of their pupillage (either directly or indirectly) should be addressed in the first instance to their pupil supervisor. It is expected that any professional or Chambers related problem that the pupil may have will be discussed and resolved in this way.

11.2 In the event that the pupil is dissatisfied with the decision of the pupil supervisor in relation to the grievance or has a grievance which he or she does not wish to pursue through the pupil supervisor, the pupil may refer the grievance to the selection committee for review. The committee will discus the grievance with all parties concerned and endeavour to resolve the grievance.

11.3 Finally, should the pupil consider the grievance has not been satisfactorily resolved, investigated, or otherwise dealt with, the matter may be addressed either directly or by way of appeal to the Head of Chambers, who has the overriding duty (as per the Code of Conduct) to ensure that all pupils are treated properly and fairly.

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12.1 The Constitution of Chambers sets out the process by which a person may become a tenant. The decision to offer tenancy to a pupil will be made regardless of the pupil’s gender, marital status, race, ethnic origin or citizenship.

12.2 After approximately ten months of pupillage, a full Chambers meeting is held to decide whether the pupil should be offered a tenancy. However, Chambers reserves the right not to offer tenancy to any pupil.

12.3 In the event that a pupil is not offered a tenancy, the selection committee will make every reasonable effort to find a further pupillage (a third six months or otherwise) or a permanent place in other Chambers.

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13.1 Chambers may wish to take on experienced practitioners from time to time. This is achieved by receipt of formal applications, which may be unsolicited, in response to an advertisement placed by Chambers, or by other means.

13.2 Where a number of applications are received, the selection committee draws up a short list for interview based upon the details provided in any application and the criteria defined by Chambers.

13.3 The selection committee discusses the applications and where appropriate, arranges to meet the applicant(s) to discuss their professional history, experience and standing in the Bar. Where a consensus view as to whether the applicant would be an asset to Chambers is reached, the selection committee propose the applicant for consideration by Chambers.

13.4 An offer of membership is made following the consultation and voting process detailed in Chambers’ constitution.

13.5 Confidentiality is preserved in all cases when dealing with applications from experienced barristers.

13.6 A new member is given a general induction as described in section 4.7 of the Chambers Manual modified accordingly and an induction into the work type group. New members are required to sign the constitution and are given a copy. Details of the induction are recorded.

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