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5 Essex Court
Temple, London, EC4Y 9AH
Phone: 020 7410 2000
Email: clerks@5essexcourt.co.uk
Pupillage Policy
1. Chambers has a Pupillage Committee which consists of at least 5 members. The Committee members shall, so far as possible, reflect the composition of Chambers as a whole both in terms of seniority and areas of practice. It shall be the duty of the Pupillage Committee to select and monitor the progress of pupils and to report to Chambers towards the end of the Pupillage year.
2. Chambers is a member of the Pupillage Portal. All applications for Pupillage must be made through the Pupillage Portal save where the applicant is Portal-exempt.
Selection for Interview
3. All Pupillage Portal applications are printed out. Chambers does not accept any additional documentation from applicants. The Pupillage Committee will read and mark every application under the following criteria:
• Academic record
• Experience – both legal and non-legal
• Clarity of presentation of the application
• Other special / interesting features.
4. The top scoring applicants are invited for interview.
Interviews
5. There are two rounds of interviews. The best scoring applicants from the first round will be invited to a second-round interview. So far as is reasonably practicable, all members of the Pupillage Committee will be involved in the interviews to ensure consistency of approach. Both rounds of interview follow a pre-set formula.
First Round
6. The applicant will be given a question sheet to prepare on arrival. The question sheet will have two or three questions of a legal and/or ethical nature.
7. Following discussion of the legal and/or ethical questions in the interview, the applicant is asked a range of questions on subjects such as their motivation for coming to the Bar, the qualities they can bring to Chambers etc.
Second Round
8. The applicant will be given an advocacy exercise to prepare on arrival.
9. Following the applicant’s presentation of his or her advocacy exercise in the interview, the applicant is asked further questions on legal subjects, their personal qualities and motivation for coming to the Bar.
At Interview
10. Marks are awarded at both interview rounds for:
• Legal knowledge
• Presentation
• Motivation
• Communication and interpersonal skills.
Following Second Round Interview
11. The Pupillage Committee will deliberate and compile a short-list of the highest scoring applicants. Subject to the agreement of the Management Committee, it may then recommend Chambers offering up to two Pupillages. Offers of Pupillage will be made in accordance with the Pupillage Portal.
Portal-Exempt Applicants
12. The selection criteria for any Portal-exempt applicants will be the same as for Portal applicants.
Monitoring of Pupillage
13. In the first six months of Pupillage, the Pupillage Committee will meet to consider the progress of the pupil.
14. The Pupillage Committee also welcomes reports from other members of Chambers which may be made at any time and which may be referable to the work or character of any pupil.
15. At the end of the first six months of Pupillage, and following on from the Pupillage Committee's first meeting, the pupil(s) will attend a review meeting with the Head of the Pupillage Committee (or his / her delegate) in order to discuss their progress.
The Pupillage
16. Chambers offers up to two 12-month funded pupillages. Each pupil will receive the current Pupillage award in twelve monthly instalments. In addition to the Pupillage award, pupils will also receive all their earnings in their second six months, subject to a 10% contribution to chambers on receipts for work billed during the second six months. Where chambers offers a sum of guaranteed earnings, guaranteed earnings means work billed and not receipts.
17. It is the intention of Chambers that pupils will spend four months with each of three Pupil Supervisors in order to see as broad a range of work as possible. Save where they are undertaking their own work in their second six months of Pupillage, pupils will be expected to attend court and conferences with their Pupil Supervisor or with other members of chambers, as specified by their Pupil Supervisor.. Where the court / conference is within the M25 area the pupil must pay his or her own travel expenses. If the court is in any other area the pupil’s travel expenses will be paid for by Chambers or the pupil will be allocated to another member of Chambers for the duration of the trial / conference. 18. At the commencement of pupillage, each pupil will be given a “Welcome Pack”, setting out Chambers’ practices and procedures.
19. The pupil will be given a desk in the Pupil Supervisor’s room, in so far as is practicable. When the Pupil Supervisor is working in Chambers the pupil will be given paperwork by his or her Pupil Supervisor. Members of Chambers must not give any work to a pupil without asking the Pupil Supervisor’s prior permission so to do. The Pupil Supervisor will use all reasonable endeavours to provide the pupil with the necessary training to equip him or her for a career at the Bar. It shall be the duty of the Pupil Supervisor to assist in the completion of the Pupillage Check List.
20. Chambers will pay for compulsory Pupillage Courses, e.g. Advocacy, Accountancy, Practice Management.
21. Pupils are entitled to take 20 days holiday (excluding Bank Holidays) during the Pupillage year. Pupils should refer to the “Welcome Pack” for details of arrangements to be made when taking holidays.
The Tenancy Decision
22. Chambers shall use its best endeavours to inform pupils by 31st July in each Pupillage year whether or not they will be offered a tenancy.
23. In the course of the second six months of Pupillage, the Pupillage Committee will circulate to all members of Chambers a questionnaire and invite their feedback on each pupil and their view as to whether or not they should be offered a tenancy.
24. Any member of Chambers who objects to the pupil being offered tenancy shall provide the Pupillage Committee with a full written statement of his or her views. The Committee has the right to question the member or members concerned on their written objections in order to determine whether such objections are fair and reasonable.
25. The senior clerk will prepare a report with his views as to the present and future availability of work at the junior end of Chambers and his opinion as to whether or not the pupil should be offered tenancy; this view will take into account any positive or negative reports he has received from professional and/or lay clients.
26. The Management Committee of Chambers shall be free at any time to advise the Pupillage Committee of any policy requirements or decisions reached by them which should be taken into account by the Pupillage Committee in determining whether or not to make a recommendation of tenancy.
27. The Pupillage Committee will meet to consider the returned questionnaires, the senior clerk’s report, any input from the Management Committee and reports from Pupil Supervisors. As a result of that meeting, the Pupillage Committee will make recommendations to Chambers as to whether or not the pupil should be offered tenancy.
28. Criteria which the Pupillage Committee will take into account include:
• The level of progress demonstrated by the pupil
• The level of competence of the pupil
• The character of the pupil and the extent to which he or she has integrated into Chambers as a whole
• The extent to which the pupil has demonstrated an ability and desire to develop working relationships with clients/potential clients with a view to practice development
• Any policy requirements or decisions of which the Pupillage Committee is advised by the Management Committee
29. The recommendations which the Pupillage Committee makes to Chambers will be in the form of a written report. The Committee will endeavour to reach a unanimous view as to those recommendations. The recommendations will be circulated to all members of chambers.
30. If any member of chambers does not agree with a unanimous recommendation of the Committee and considers that there should be a Chambers Meeting (s)he will notify the Head of the Pupillage Committee within 7 days.
31. If no person seeks a Chambers Meeting in respect of a unanimous recommendation, it shall be deemed to have been adopted by all members of Chambers without the need to convene a Chambers meeting. If, within 7 days of receipt of the Committee's report, a request for a Chambers meeting is received in writing by the Head of the Pupillage Committee, the Head of Chambers (or his / her delegate) will decide whether there will be a Chambers Meeting. The only circumstances in which such a request will be granted are:
• Where at least one member of Chambers does not agree with the Pupillage Committee's recommendation and wishes to have it reviewed by Chambers as a whole.
• Where the Head of Chambers in his or her discretion believes that there are exceptional circumstances which make a meeting desirable.
32. If the Pupillage Committee is unable to reach a unanimous view in respect of its recommendations, then a Chambers meeting will be convened to take place as soon as practicable after the committee has produced its report.
Chambers Meetings
33. Where a Chambers Meeting is required in any of the circumstances set out in paragraphs 27 and 28 above, the Head of Chambers (or his / her delegate) will chair the meeting and invite all members of Chambers present to contribute to the discussion.
34. Following discussion, there shall be a vote at which Members of Chambers will vote “YES” if they wish the pupil to be offered a tenancy or “NO” if the pupil should not be offered a tenancy. No abstentions will be permitted. Voting may be by proxy. For the avoidance of doubt, discretionary proxies shall not be permitted.
35. A pupil will be offered a tenancy if at least 75% of all votes cast are in favour of a tenancy being offered to the pupil.
Pupils not taken on as Tenants
36. If the pupil is not offered a tenancy, Chambers will, at the discretion of the Pupillage Committee, give the pupil a period of time to squat in Chambers following the end of the Pupillage year.
37. In any period during which the pupil is a squatter work will be allocated to members of Chambers before it is allocated to the squatter.
38. Chambers will use all reasonable endeavours to provide assistance to the pupil in trying to secure a 3rd six month pupillage or tenancy in other Chambers.
October 2009