Barrister Paralegals

Contents on this page:

1. Many barristers already work as paralegals
2. Barrister "loophole" to close
3. Will time spent as a paralegal help me get pupillage?
4. Will paralegal work shorten my pupillage?
5. Will the BPTC/BVC help me get paralegal work?
6. If we can give you just one piece of advice...
7. I am a barrister looking for paralegal work. What now?
8. Do I need to do more training?
9. Use free IOP Competency Standards
1. Why barristers work as paralegals

There are already a great many barristers doing paralegal work.

There are three main 'types' of barrister:

BPTC/BVC graduates

Bar students who have successfully completed the Bar Professional Training Course (formerly the Bar Vocational Course or BVC) and who have been "called" to the Bar, but who have not yet done pupillage (pupillage is equivalent to the two-year training contract undertaken by trainee solicitors). These individuals are entitled to call themselves barristers as long as they do not do so in connection with the delivery of legal services (The Bar Council tells us that without pupillage, the term "barrister" is effectively akin to an academic title). So barristers without pupillage practising as paralegals are not entitled to refer to themselves as barristers - although they can socially.

Barristers with practicing certificates

A practicing certificate is an annually renewable licence to practice.  Practicing certificates are only issue to those barristers who have fully completed their training - including pupillage.  These barristers do not do paralegal work.

Barristers without practicing certificates

These are barristers who are eligible to have a practicing certificate, but choose not to apply for one, for any reason.

Their situation is the same as for BPTC/BVC graduates.  Unfortunately there is some confusion over what that situation is exactly.

The Bar Standards Board on its website states that a barrister cannot use the term barrister in connection with the provision of any legal services unless he/she has a current practicing certificate.  However when we discuss the matter by telephone with both the Bar Council and the Bar Standards Board we received different message.  In both cases we were told that barristers without practicing certificates and BPTC/BVC graduates could refer to themselves as barristers if they were providing legal services provided that it was made crystal clear at all times that they did not hold practicing certificates and therefore had none of the rights and responsibilities and obligations of barristers with practicing certificates.

This divergence of opinion is also apparently commonplace within the barristers'  profession itself.

Just to add to the confusion, when referring to BPTC/BVC barristers on its website (in connection with the Qualified Lawyers Transfer Test - see below) the Solicitors Regulation Authority uses two terms which neither the Bar Standards Board or Bar  Council endorse: trainee barrister and pupil barrister.

Anecdotally we hear that the Bar can come down hard on "baby barristers" who are felt to have misused or misrepresented their status as barrister. Since this could have a serious effect on your future career as a barrister, our advice to BPTC/BVC barristers is to tread with caution when undertaking paralegal work, and not to refer to your status as a barrister unless:

(a) You are absolutely sure that every time your status is referred to a suitable caveat is displayed/given; and

(b) You double check your individual circumstances with the Bar Standard Board before commencing.

The Bar Council also told us that the said confusion is a cause for concern and so is being actively reviewed.

However, regardless of the confusion surrounded use of the barrister professional designation, it remains clear that the numerous students graduating the BPTC without securing pupillage have two main options if they wish to stay in the legal profession:

A. Re-qualify as a solicitor (but see point 2 below)

B. Pursue paralegal work whilst also looking for pupillage

2. Barrister "loophole" to close

Currently there is a "loophole" that allows baby barristers to re-qualify as solicitors without the need to do the LPC or a training contract.

Many use this option if they fail to obtain pupillage. It sounds an excellent alternative, but perhaps not so excellent if one had set one's heart on being a barrister.

Under the current Solicitors Regulation Authority regulations governing the Qualified Lawyers Transfer Test (see www.sra.org.uk/solicitors/qltt.page), all barristers, including baby barristers, can apply to become solicitors without the need to do the LPC/complete a training contract.

However the loophole is closing for baby barristers from 31st July of this year: so watch out for even more barristers doing paralegal work.

3. Will time spent as a paralegal help me get pupillage?

Possibly, but from what we hear it is unlikely to make a big difference either way.

What we are hearing - and we stress this is purely anecdotal evidence - is that the diversity and ease-of-access advances made during the 1990s and early 2000's are unwinding fast.

If anecdotal evidence is to be believed, we seem to be returning to the time when your chance of getting pupillage was extremely low unless you already knew people at the Bar and/or were educated at a top-notch school/university and/or you could bring with you useful client contacts that would help you/your chambers to develop business.

There are various reasons for this retraction, most of them beyond the ability of the Bar Standard Board and Bar Council to address easily.

Whatever the reasons, pursuing the expensive and arduous training needed to become a barrister is an increasingly risky business unless you know ahead of time that you are likely to be one of the fortunate few able to secure pupillage.

In the face of the above challenges, we are not sure that a year or two's paralegal experience will make much difference either way.

4. Will paralegal work shorten my pupillage?

Sorry, but no. It can shorten a solicitor's training contract but the same facility is not available for pupillage.

5. Will the BPTC/BVC help me get paralegal work?

Not directly, no.  The solicitor equivalent of the BPTC/BVC, the Legal Practice Course (LPC), is attractive to employers because it teaches practical things that paralegals need to know: e.g. how to incorporate a company; how to convey a property; how to apply for probate; etc. The BPTC focuses on knowledge that paralegals do not normally need to have: e.g. rules of evidence in the High Court; how to draft pleadings and advocacy skills; etc. Despite the misalignment between what is taught and what is needed for paralegal work, barristers remain in demand as paralegals.

Compared to most paralegals they have had extensive legal training. Also the skills of the barrister will be of direct relevance to solicitors' firms undertaking civil or criminal litigation.

6. If we can give you just one piece of advice...

Solicitors' firms do not want to pay to train paralegals if at all possible - hence the premium on hiring experienced paralegals.

Your status (uncertain though it may be - see point one above)  as a barrister will help you, but only so far. Maximize your chances of success by looking for paralegal work in:

A. The places where your status as barrister is held in high esteem (e.g. in-house or with local or central government, or doing regulatory work for City banks and finance houses);

B. Where your training has most relevance - e.g. working for a solicitors' firm specialising in civil or criminal litigation.

7. I am a barrister looking for paralegal work. What now?

A. See other parts of this web-site for information, e.g. job search to see where to find information about locating suitable solicitors' firms.

B. You can also approach legal recruitment companies to see if they will take you on their books as a candidate.  But first you should visit the only recruitment company specifically created to cater to your needs: www.babybarristers.co.uk

C. Consider joining the Institute and maximizing your chances of success in our world. As well as careers advice, member benefits, professional recognition and legal update services, membership of the IOP puts you on the career path of the professional paralegal - the Route to Qualification. You can dual track your paralegal and barrister careers to give you maximum options.

Membership costs just £25 per year if you have not yet practiced, and £50 if you have. For information email office@the iop.org (note break in email address to impede spammers)

8. Do I need to do more training?

Probably not, but it is likely to depend upon what type of law you wish to practice.

If you want to do business law or conveyancing etc. then the  BPTC/BVC training is not going to help too much, so if you want to maximize your chances by doing a paralegal-orientated professional training course then we recommend the courses run by The Bristol Law School University of the West of England (UWE).

NB: there is no mandatory training that you have to do. What we are discussing here is optional training in a particular area of practice to maximize your chances.

The UWE courses are offered by distance learning with full tutor support. They distance-learning courses are taught by LPC tutors and give an in-depth training in the A-Z of practice and procedure in the following areas:

You choose just one of these subjects. The courses lead to a university qualification.

We liked them so much that we made them mandatory courses - i.e. if you want to become a Qualified Paralegal then you need to prove your competence by passing one of them.

For more information please visit:
www.paralegaldistancelearning.co.uk/default.aspx?id=387

Please note as these are not our courses you should direct all course enquiries to the organizers - contact details can be found by following the above link.

9. Use free IOP Competency Standards

Here are the Levels and whom they are suitable:

Introductory Level

Intermediate Level

Advanced Level

Download all the above standards for free from our Standards pages

We suggest that you self-audit and mark up a set with the skills and standards you already have/meet.

Send a copy with every application to showcase in detail your current skill set. It also has the benefit of subtly demonstrating to the employer that you are already a professional paralegal and know such things as the Competency Standards exist!

Good luck!


 

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