BSG’s TOP TIPS FOR DRAFTING PUPILLAGE APPLICATIONS

It is that time of year once again when aspiring barristers throughout the country burn the midnight candle trying to draft the “perfect” pupillage application. It is a stressful and difficult time of year that we remember all too well. Whether Chambers recruits via the Pupillage Gateway or via their own application form, the written stage of the process can be the most difficult. You’ve spent months, if not years, working towards securing pupillage. How do you now take all of your experiences and use them to write a compelling application that will lead to a first-round interview? There are already articles available that offer good advice on the fundamentals of writing an application, such as adopting a clear structure, supporting your points with evidence, proofreading, and so forth. In this article, we hope to provide something a little more substantive to help you navigate the choppy waters of pupillage application season. We set out our top tips and advice on answering some of the common questions on the written application form.

1. “Why do you want to be a barrister?”

“I don’t know, but I know that I do” was the honest answer I wanted to write on my application forms. If I had done it, they would have gone straight in the bin, rightly so.  I think it is common for many people to find it difficult to identify precisely what has brought them to this profession. You feel it in your gut that it is right for you, but you need to persuade others that you have made an informed decision. That is the key to answering this question: you need to demonstrate that you have taken steps to find out what a career as a barrister involves and explain what it is about the functions of the job that you find so compelling.

For many people, the excitement and thrill of advocacy will be one reason. That is perfectly valid but, by itself, is perhaps insufficient. You need to express two further things: (i) when have you done advocacy and (ii) what about it did you find so enjoyable? For example, an answer that states, “I hold a passion for advocacy. I am humbled by the opportunity to use my power of speech to vindicate the rights of the marginalised”, tells the reader nothing about you. It is, arguably, an overly romantic view of what a barrister does. On the other hand, an answer that states, “During my LLB, I won the university mooting competition and finished runner-up in an external moot. The moots covered a range of topics, including breach of contract, easements, and causation in clinical negligence claims. I enjoyed the intellectual stimulation of researching difficult law and applying it to ‘real’ facts to achieve a positive outcome for my client. In particular, I learnt that to formulate a persuasive argument, you must offer the court a solution that is legally justifiable, clear, and practical”.  Why is this answer better? It isn’t perfect, but it is rooted in the applicant’s experience, it expresses what they enjoy about mooting, and it offers a personal reflection.

Apart from advocacy, there are many more reasons why a person may wish to become a barrister. You wish to conduct deep analysis of complex law and facts, solve problems, negotiate settlements, draft pleadings, position statements, and schedules, and/or be self-employed. Whatever the answer may be, make sure that for every reason you give, you explain how you’ve come to discover that this is what a barrister does (often by reference to your own experience of seeing it or doing it) and what benefit you will get from doing it as a full-time job.

We do not wish to suggest that an answer to this question should be wholly functional. You would then be at risk of sounding soulless. After all, a career as a barrister is about helping people, so an answer that makes reference to “achieving justice,” “reforming the law,” or “upholding the rights of others” is not a bad answer, provided that it is not a bald statement and is backed up with evidence.

2. “Why will you make a good barrister?”

This question is testing whether you have the right skill set for the job. A pupillage committee is not looking for someone that has perfected all of the skills but rather someone that shows promise.  To answer this question, we suggest the following approach:

• a) In a Word Doc list all of the relevant skills. These might include persuasion, analysis, drafting, interpersonal skills, working under pressure, thinking on your feet, resilience, integrity, etc.
• b) List the experiences that you want to include in your application form. For example, mooting competitions, pro bono work, university societies, non-legal jobs, legal jobs, mini-pupillages, marshalling, hobbies, etc. Non-legal experience can provide some of the most interesting and memorable evidence of skills. Get creative and think about everything you’ve worked on in your life. Almost every applicant will have done mooting and mini-pupillages, but you might be more likely to stand out more if you were a skydiving instructor or worked at a zoo!
• c) Decide which experience best demonstrates what skill. For example, you may wish to use a story from your job working in a bar that demonstrates your ability to work with difficult customers. Perhaps you have a great story from your pro bono experience about building relationships with a vulnerable client. Maybe your legal job honed your skills in legal research and drafting.
• d) Follow the “STAR” technique to draft the answer. Explain what the situation task was, what Actions you took, and what the Result was. Without question, the “Actions” portion of this answer is the most important yet the most underdeveloped by applicants. Make sure that you include at least 3 or 4 discrete actions that you took to achieve the outcome. Explain your thought process and why you decided that was the best way forward. Barristers have to make difficult decisions about what to do in a given situation, and nobody has a crystal ball enabling them to know for certain it’s the right choice. They simply have to use their best judgement and the available information to make a decision in the best interests of their client.

Some chambers may ask this type of question using different rubrics. For example, “Tell us about a time when you… “followed the relevant criteria, e.g., “… persuaded someone” or “worked to a tight deadline.” This formulation allows Chambers to hone in on a specific skill or attribute that matters to them. We advise using the same approach outlined above to answer this question. However, you should note that if the question is testing one specific skill, you will need to provide more detail in your answer. You should dedicate that extra detail to the “Actions” part of your answer.

Additionally, we think it is a good idea for you to draft a table, as in the example below, that will help you to track all of your relevant skills. You can then use this as part of your preparation for interviews to ensure you have a ‘bank’ of stories memorised, ready to use when you get asked a relevant question.

For example:

Skill	Story
Persuasion	1. FRU – represented client in unpaid wages claim in employment tribunal (oral advocacy) 2. Pro bono work – wrote letter to Home Office on behalf of client (written advocacy)
Interpersonal skills	1. Sports – played competitive hockey 2. Receptionist – dealt with a variety of people on a daily basis
Resilience	1. Overcame personal adversity during university

3. “Why this Chambers?”

Applicants understandably find this to be one of the more frustrating questions to answer. For many, the true answer might realistically be, “You offer a pupillage, and I need one.” Obviously, that answer will result in rejection.

The key to answering this question is to demonstrate that you have conducted thorough research into Chambers, you understand who they are, and you can make a connection between you and them. Our approach to this question would be as follows:

Firstly, decide the headline reasons you wish to join Chambers. For example, the practice areas, the supportive culture, Chambers’ ethos, personal experiences (such as mini-pupillages), the types of clients they represent (both professional and lay), the breadth of work, details about pupillage (such as, the amount of court time in second-six, or the level and type of supervision), and/or a connection to the local area (if applying to a regional set). Most candidates will choose similar reasons. That’s not a problem by itself.

Secondly, provide the detail that shows you’re the right ‘fit’ for Chambers. Remember that as the reader is reading your answer, they are forming a mental image of the type of applicant you are and assessing whether your experiences align with Chambers. As such, use this question as an opportunity to demonstrate that your achievements and interests align with Chambers and its work.

For example, consider this answer: “I wish to join Chambers because it is a Top-Tier set in Personal Injury law. Chambers’ conducts a mix of claimant and defendant work and has garnered a reputation for excellence. I believe I will thrive in that environment”. By now, you can tell that this answer is generic, bland, and unpersuasive.

A better answer might be: “During my mini-pupillage with Chambers, I observed counsel acting for both claimants and respondents. I am attracted to having a mixed practice of this kind because it improves one’s ability to anticipate arguments and prepare strong responses. Respondent work, in particular, can be rewarding as it involves advising organisations to act lawfully. I have experience of advising respondents through my charity work, where I advised small businesses on how to adapt their internal policies to changes in data protection law”.

This answer uses the applicant’s mini-pupillage experience, states a genuine reason why they want a mixed practice, and provides a unique personal experience. It is more convincing because it draws a connection between the applicant and Chambers.

4. “Why this area of law?”

Most pupillages nowadays are specialised. You are recruited to practice that specific area of law. As such, your application needs to demonstrate a genuine interest in that area. If you have spent the time to carefully and methodically acquire relevant experience, then this question should be relatively easy for you to answer. The key is to identify your experiences, explain what you learnt from them, and why you are motivated to practice this area of law. Whilst it is acceptable to demonstrate an interest by reference to your academic studies or mini-pupillages, these are relatively common. Use this question as an opportunity to highlight your more unique experiences, such as relevant legal or non-legal jobs, pro bono work, or articles you’ve written.

Referring only to studying that area of law also fails to demonstrate why you want to practice in it. After all, you need to be interested in the day-to-day reality of life as a barrister practicing that area of law. Are barristers in that area of law in court every day, or are they doing more of a mix of paperwork and courtroom advocacy? Your interest might have been sparked by a module you studied at university, but how did you gain an understanding of what it looks like in practice?

5. “Tell us about a recent case you’ve found interesting”

There are two stages to answering this question. First, you need to pick a case. Second, you need to have something interesting to say about it.

On the first point, we would adopt the following approach. If you are applying for a specialist pupillage (as most pupillages nowadays tend to be), then it is advisable to pick a case in that area of law. This is your opportunity to demonstrate that you have a genuine interest in the area in which you will spend the next 20+ years of your career.

Furthermore, applicants often face the dilemma of choosing between the most recent Supreme Court case that seemingly everyone is talking about or a lesser-known case from a lower court. There are valid points to be made for either approach. Ultimately, the panel is assessing your ability to understand and explain complex law, and offer your own views on the arguments and reasoning. You should pick whatever case you think gives you the best chance of doing that. Ask yourself: “which case do I feel most confident speaking about, no matter what they ask me?”

Remember, though, this is a good opportunity to show you have your ‘finger on the pulse’. While it is perfectly acceptable to discuss an important Supreme Court or Court of Appeal authority, there is something to be said about an applicant who takes the path less travelled and picks, for example, a recent High Court decision on a relatively niche but important legal issue. Just make sure you understand what the issues were and why that matters to practitioners.

On the second point, this is your chance to illustrate your legal acumen and originality. There is little utility in writing an answer that only explains the ratio of the case. This is something the reader can do for themselves. It tells them nothing about your views. You should think about whether you agree or disagree with the legal reasoning, why, what the consequences of the case going forward are, and what the social, political, and economic impacts of the decision are.

CONCLUSION

It’s a tough gig, we know. These forms are not easy to complete, and they take much longer than you think to get right. We spent countless hours trawling through websites, drafting and redrafting, proofreading, and combating tech difficulties at the 11th hour. It will all be worth it when invites to interviews start rolling in and, in due course, offers. We hope that we have provided something useful in the above and wish all applicants this year the very best of luck!

Tamsin Sandiford (Employment and Personal Injury Barrister at St Philips Chambers) & Kyran Kanda (Pupil Barrister at St Philips Chambers)

BSG Barrister Reps

The views expressed in this article are the personal opinions and experiences of the authors. This article does not express the views of any barristers’ chambers or other legal organisation.