Bar or Bust

Pupillage Portal - The preparation begins.

2010-03-27T07:32:00.000-07:00

The day is nearly upon us when once again Bar aspirants will pull on their Quidditch uniforms, sit astride their brooms, and try to catch the golden snitch of pupillage. I have made my 12 choices, printed the sample application form found here, and am currently filling a folder with research on the 12 chambers to which I shall be applying.

I thought that it might be helpful for others pursuing a criminal pupillage to reproduce the list I have made of purely criminal sets in London that as far as can be discerned for their websites or the Pupillage Portal are going to us the Pupillage Portal for their recruitment this year. This has been whittled down from the list of chambers which have crime as an element of their work to those who specialise only in crime.

It also shows (where applicable) which band they are in from the 2010 edition of Chambers Guide to the Legal Profession.

They are:

Dyers Buildings (Band 6)
Furnival Chambers (Band 5)
25 Bedford Row (Band 3)
1 Inner Temple Lane
18 Red Lion Court (Band 4)
Argent Chambers
2 Bedford Row (Band 1)
9 Bedford Row (Band 4)
9 - 12 Bell Yard (Band 4)
Blackfriars Chambers
Carmelite Chambers (Band 4)
Charter Chambers (Band 5)
Farringdon Chambers
187 Fleet Street (Band 5)
Atkinson Bevan Chambers (Band 5)
2 Hare Court (Band 2)
6 KBW - Chambers of David Fisher QC and David Perry QC (Band 1)
10 Kings Bench Walk
9 Lincoln’s Inn Fields (Band 6)
One Paper Buildings
Five Paper Buildings (Band 4)
QEB Hollis Whiteman (Band 2)
3 Raymond Buildings (Band 1)
3 Temple Gardens - Chambers of John Coffey QC
23 Essex Street (Band 5)

Please let me know if I have missed any out. All the best and good luck

BoB

I know it's been a long time but life is busy...

2010-01-31T13:06:00.000-08:00

I know that this has been the longest period of inactivity on this blog for a very long time and I am sure that the miniscule readership that I previously had has now disappeared but with a bit of spare ime on my hands I thought it would be good to post this short message as a way of getting the ball rolling again and posting more often.

The BVC has been harder than I expected not in terms of complexity but purely in the absolutely mind blowing amount of work that is required by BPP. I must admit that there have been a few wobbles this term about whether or not this was a wise choice, however three VCs and an Outstanding in the recent round of assessments has helped. This has given me a new vigour and enthusiasm for the course, and with missing out on an outstanding in advocacy by very few marks (2% to be exact), I am determined to go the extra mile in the next assessments.

The big surprise of these marks was the outstanding for Legal Research which I was sure was going to be a pile of crap and score a low competent if that. Wonders never cease. Before I sign off I just wanted to let you know that the next post will be on the two recent cases involving mothers helping their children to die. I may also post on my impressions of the Chilcot inquiry.

All the best

BoB

BPP Registration Drinks (Events dear boy, events!)

2009-08-29T15:46:00.000-07:00

A very short post to invite any readers of this blog who will be starting at BPP on the 7th to a drinking session after registration. Anyone who is interested should e-mail me at:

barorbust at googlemail dot com

I look forward to meeting you on the 7th. I am in one of the lower numbered groups so will be registering form 11:30 onwards.

See you then

BoB

Pupillage Interview

2009-08-27T03:12:00.000-07:00

As some readers may recall, I only made the one application for pupillage this year to a non-olpas set. The Chambers in question is very respected in its field and I was unsure whether or not I would be invited for an interview.

You can imagine my joy and surprise on Saturday when I found an e-mail from said chambers thanking me for my application and that could I attend an interview on Wednesday. Unfortunately I couldn't express my happiness fully at this point as I was in the Apple store in Cambridge, but it is possible that I may have performed a small jig very similar to this.

After spending a small fortune on Tuesday buying a very nice new suit and dropping into the careers centre at BPP for a quick chat, I arrived on Wednesday eager to impress and desperate to make a good impression. This of course was well hidden under a professional and calm exterior (or at least that was the plan).

I know that analysing interviews and worrying about them is as useless as doing the same with exams, however for the information and edification of readers here are my thoughts.

The advocacy exercise went okay, however I didn't feel as though my answers were particularly good. I held up well under the pressure but it didn't flow as well as I would have liked. The questions afterwards went very well with good strong answers that made reference to my work experience and achievements. I am unsure as to whether I will get a call back, I am hoping that the answers will make up for the slightly less impressive advocacy exercise and warrant another go.

I should find out next week sometime all being well. I am applying to another three non-olpas sets in the next couple of weeks, and if nothing else this has been a useful experience. Another plus is that I obviously have something of worth on my CV and hopefully should be able to replicate this success at the paper stage in the future.

I hope that all is well, and I hope that everyone else is looking forward to starting the BVC in just over a weeks time as much as I am.

Yours

BoB

BPP Mixing Event

2009-08-18T11:47:00.000-07:00

Last Thursday I had the pleasure of attending a pre-course mixing event at BPP. The actual presentation part of the evening was not particularly useful, however I did not really go for this reason. I went because I thought that it would be an ideal opportunity to:

Meet some people who would be doing the BVC with me and start to make some friends;
Enjoy the hospitality of the law school (short for drink the free booze);
Pick up a few freebies (pens, sticky pads, all the usual crap you get at those sort of functions).

I am very pleased to say that I had an absolutely fantastic time and managed to accomplish all three tasks. I met lots of very nice people, I came away with some new pens and sticky pads, I drank a decent amount of the free wine (chardonnay was okay, Merlot not so great) and then went down the pub on the corner of Red Lion Street and continued drinking with my new found friends.

There is a slight danger that I may end up spending a little too much time at the pub, however I am sure that if I think about the amount of money I am spending on the BVC I will be spurred back into action. It is maybe a little bit sad, and I know that Lost thinks I am strange and a glutton for punishment for choosing BPP, but I am really looking forward to starting in September. All I have to do now is think which of the very worthy pro bono opportunities I want to get involved if FRU doesn't provide enough work.

All the best

BoB

Re-visiting Rape

2009-08-13T15:06:00.000-07:00

I am always interested to see that people have commented on my posts, and it seems that there have been a number of replies concerning the post on Harriet Harman’s views on rape.

It seems that most people would agree that trying to set to set arbitrary targets is not the solution to the problem of low rape convictions. There does seem to have been some disagreement as to the issue of directions by the Judge, a topic which I did not address as fully as that of targets.

In the comments section Marjorie replied:

You said "Firstly it goes without saying that rape is an horrendous and vile crime. Women (or men for that matter), do not "ask for it", and the victim is left seriously damaged."

Unfortunately one of the reasons that rape convictions are so low is because that *doesn't* go without saying. There are still many people who think that women who wear revealing clothing, drink or who have any sexual history are 'asking for it' or contributing towards the attack. *

Firstly I stand by my statement. Rape is an abhorrent crime and no one, male or female, asks for it. This is a statement of fact rather than general opinion, and it would the brave and misguided person who argues otherwise.

Marjorie then goes on to comment:

For a Judge to give directions which specifically remind the jury that wearing attractive clothes, drinking, flirting or having had sex in the past do *not* constitute consent or allow consent to be presumed are wholly reasonable. *

Let us picture the scene. A Jury is listening to the closing speeches of the prosecution and the defence after having all the evidence placed before them. The prosecution have made the point that just because the girl was drinking, wearing revealing clothing, and had flirted with the guy, did not mean that she would have consented to the sex. The defence on the other hand put it simply that the defendant was out drinking, he flirted with a girl who reciprocated, and they had consensual sex.

Is it then fair for the Jury to be addressed by the Judge who includes in his closing statement an endorsement of the prosecution’s closing speech?

The real crux of the matter here is how do we secure more rape convictions? The differing opinions are analogous to the raging debate on equality. Do we aim for equality of opportunity, or equality of outcome? The target and direction camp are similar to the equality of outcome proponents. The line goes “There is a problem, and the way to deal with it is to alter the process so that we achieve the desired outcome. Therefore as we have a difficulty with perception surrounding rape cases we should weight the process in favour of the complainant”.

This suffers from a huge flaw, especially when applied to the justice system, in that Lady Justice is blind. There should not be an altering of the system to try and achieve a desired outcome one way or the other. The only objective should be that the evidence and trial are presented to the jury in a manner which is fair to both sides. It is submitted that the only fair way to achieve a higher conviction rate is:

1) Substantially increase funding and training so that every area has a committed sex crimes unit with specially trained police officers who know how to deal with complaints properly;
2) Spend more money on educating the public that no one asks to be raped and that behaviour such as flirting, drinking, and promiscuity does not necessarily mean that the sex was consensual, or that the rape was in some way deserved;
3) Work with the media to move away from the myth that rape is only ever committed by strangers down dark alleyways.

The first point will do the most to improve the number of rape convictions, closely followed by the second. However the real problem with rape is that it is primarily a crime where it is one person’s word against another. There will always be a problem in proving rape, but at least with the above system we stand a chance of improving things without damaging the impartiality justice system. I don’t think the point can be better illustrated then by this quote from Blackstone:

“Better that ten guilty persons escape than that one innocent suffer”

There was also another comment from Recorta:

Rape and perceptions of rape are still a BIG problem regardless of what BoB believes is obvious. *

What I believe to be obvious, as stated above, is that rape is a terrible crime and that this goes without saying. I did not at any point claim that rape is not a big problem.

A standard set of guidance to be issued to the jury prior to the trial's start would probably be the best way to avert the sort of problem you seem to be envisaging, where after a defence has been made a judge might appear to subtly undermine it by giving 'guidance'. *

So under this formulation the Judge gets the boot into the defence’s case before any evidence is given. The subtext to any direction such as this would be “I totally disagree with anything the defence will submit on these points and so should you”. Again this is interfering at the wrong end of the process.

I hope that this has been helpful to state my position clearer and if anyone would like to express a different point of view then I would be more than happy to put their reply up as a guest post. Please let me know at the e-mail address to the right.

All the best

BoB

*All comments are reproduced from the comment list found below, and are unchanged except for some spelling mistakes.

A Shameless Plug...

2009-08-13T02:21:00.001-07:00

As some of the more observant readers of this blog may have noticed there is a new picture at the top of the right hand column. If you click on the picture you will find yourself whisked away to the All About Law website, a very useful source of information on all things legal including lots of careers advice.

I certainly recommend having a look whether you want to be a Barrister or a Solicitor, it caters for both sides of the profession.

All the best

BoB

Court Observation

2009-08-12T11:24:00.000-07:00

Yesterday I was able to attend the Social Security Tribunals part of the ratification process to become a social security representative for the Free Representation Unit. Not only is this a very much needed service it is also a fantastic way to utilise those skills I have already learnt and develop my advocacy skills further.

The hearing was fairly short and I think the main lesson from the experience was that a well prepared written submission with good medical evidence is so important in appeals against a decision to not award incapacity benefits. This particular case was pretty much decided before the appellant had even entered the tribunal.

I now have only the final part of the process to complete which is an office induction, where I can also sign out my first case. Unfortunately the induction on next Monday and the next two are fully booked, even though I doubt all of those who have put their names down will either have completed the observation, or possibly even turn up. Unfortunately you can book the induction without proving you have completed the observation. This is annoying as I am very keen on starting as soon as possible.

The other part which doesn't make sense is that there only seems to be 8 places per induction. The induction day, however, is split into two sessions. The volunteer can pick which one to turn up to (morning or evening). Now they hypothetically could have to induct all eight volunteers in the morning, and then would have none in the evening. If they can accommodate eight people at a session (which they must have to as that is a possibility), why don't they just allow eight in the morning and eight in the evening and have 16 places per day?

In other news where I am not whinging, I have my Middle Temple membership card, and I have been suit shopping in some of the rather nice legal outfitters in and around Holborn and Chancery Lane. I have found a very nice navy blue herring bone three piece which is very tempting and I am going to try it on to tomorrow before the BPP pre-BVC mixing event. If anyone else is going let me know and I will look out for you.

All the best

BoB

"Crime doesn't pay. There's no future in it." Oh really?

2009-08-10T07:45:00.000-07:00

A while ago I chanced upon a blawg and left what I now agree was a rather rash, and possibly rude, statement (hey no ones perfect). Although the manner in which I made the point was incorrect I still stand by the point. I was subsequently asked by the blawg's author Richard Murtagh to elaborate upon the point. Unfortunately something always seemed to get in the way, but Richard has posted his argument here.

I am sure that any readers of this blawg will be more than welcome to comment on what he has written. Unfortunately I did not realise this until I sent off what was supposed to be my opening statement so the text below is not strictly in response to the arguments made. I will do this later. However I will make a single point that as you will see I have grappled with the issues rather than resorting to the rather base tactic of attacking my adversary's character. So here is my answer to why Criminal Law does matter, and whether or not it pays depends on principle and the definition of what pay is.

Why the Criminal Bar is still a place for the “aspiring independent advocate”.

As the economic situation in this country continues to grow gloomier and gloomier, it is clear that public spending will decrease across the board, regardless of which political party triumphs at the next general election. This is a process which has already had a far reaching and profound effect on those parts of the Bar which rely on legal aid work and it is a generally held opinion (also held by the author of this blog), that the Criminal Bar is no longer a realistic destination for the “aspiring independent advocate”. This article will seek to challenge this assumption and show that for the true advocate, the Criminal Bar is the destination of choice.

Firstly it is clear that the remuneration for a Criminal barrister has fallen in recent years. On a recent mini pupillage with a highly respected specialist criminal set in London I was informed that the average junior of between one and two years call after pupillage will expect to achieve a gross sum of around £40000 per annum. When various deductions are taken into account this would amount to around £25000 per annum. Now this is certainly not a stellar sum by any means but whether or not it is sufficient to make the criminal bar worthwhile depends on two things. The importance of high earnings over job satisfaction, and what we compare this salary against.

To deal with the latter point first, this sum is unquestionably meagre compared to the fantastic amounts achievable at the Chancery and Commercial Bar. Indeed, as shown by the Times this week a new pupil at Essex Court Chambers will receive a pupillage award of £60000. But it is illogical to compare these two parts of the profession. One is paid by either exceptionally rich individuals or large, multi-million pound companies, and the other is paid out of the public purse. It is also important to remember that £25000 is still a sustainable wage. Many graduates will be on comparable sums during these early years, the only difference being that junior barristers will have larger debts to pay due to the cost of qualifying. This however is an argument for lowering qualification costs (a point on which I think most would agree), rather than avoiding the Criminal Bar.

As a side issue it is also important to mention that many chambers are now diversifying into other areas closely associated with the criminal bar, and with a large amount of success. In this way a skilled and talented advocate can expect to achieve a much higher rate of remuneration.

When it comes to the former point I believe that the argument can be stated no more simply than this:

If representing clients in court using the skill of oral advocacy is your reason for wishing to come to the Bar, then there is no better destination than the Criminal Bar. Nowhere else at the Bar does courtroom advocacy play a bigger part in a barrister’s career than at the Criminal Bar.

If your desire is to grapple with intricate areas of law all day and earn astronomical sums form the start of your career, then clearly it is not. Other reasons why it is still an attractive choice include the palpable sense of helping people in what will most likely be one of the most bewildering, terrifying, and important moments in their life. It is also a vocation which repeatedly tests the mettle and skills of an advocate right from the first appearance in court. Quick thinking, a keen sense of tactics, and mastery of the facts must be utilised in the high pressure environment of the court, at all times knowing that the very liberty of your client depends upon your performance.

And this final point is at the crux of why the Criminal Bar must remain an attractive prospect for the bright and talented. The right to liberty is enshrined in the European Convention on Human Rights, as is the right to a fair trial. Yet in this era of supposed importance for human rights we have seen an executive and legislature that have been anything but respectful. Anti-terrorism legislation has sought to disregard the doctrine of habeas corpus, holding suspects for days on end without charge and no recourse to legal advice. The state is ever more intrusive and seeks to hold vast sums of information about our private lives, and up until recently planned to make the owning of an ID card compulsory.

Another shocking development on which I have already written is the reported wishes of Harriet Harman to set successful rape conviction targets for prosecutors and police officers. The idea of an officer of the state being pressured to hit a target when there are questions of justice and fairness involved is repugnant and dangerous. It is for these reasons and more that the Criminal Bar remains, and needs to remain, a place for “aspiring independent advocate”.

When the Criminal Bar is considered from this perspective it is clear that for those who aspire to a career of protecting rights it is an area which can provide the opportunity to do such. I am sure that there may be some counter arguments presented on the nature of criminal work but I will save my observations on these for my rebuttal I have graciously been allowed. This also leads me onto the final limb of my argument:

Is the lack of money involved in criminal work so bad that it should deter all but the desperate from applying?

As explained above although the money may not bring you untold wealth it is enough to live, and to suggest it is not fails to take into consideration the fact that many live on a lot less. However the question is what is important to the individual. If a person claims that the protection of rights and providing representation to those who need it desperately is the most important aspect of being a barrister, then these principles should come before monetary considerations over and above what is needed to live. As stated above I submit that the Criminal Bar is an ideal and important arena to put these principles into practise.

Yours,

BoB

Harriet Harman: Threat to Justice

2009-08-07T07:58:00.000-07:00

A review of the offence of rape was expected to commence in the near future after the cabinet signed off the proposed terms of reference. This has not happened because Harriet Harman (who is currently care taking for Gordon Brown), has decided that the review would not go far enough. According to the Times:

"Ms Harman is understood to want a more radical overhaul of the law which could include targets for prosecutors and police to secure more convictions."

The full story can be found here.

There have also been suggestions that judges should be required to give directions to the jury in order to dispel myths surrounding rape, such as only strangers are rapists and women that were wearing tarty clothes at the time were "asking for it".

Comment:

Firstly it goes without saying that rape is an horrendous and vile crime. Women (or men for that matter), do not "ask for it", and the victim is left seriously damaged. However, in the desire to see more rapists successfully prosecuted, it is submitted that these developments are both misguided and dangerous to justice.

One of the most repugnant parts of this story is the idea of setting "targets" for prosecutors and police officers. Apart from the fact that for all of Labour's target setting they have still failed to improve any of our public services, the use of targets in this sphere of public life is immensely dangerous.

Take for example a CPS employed barrister. They are, under this proposal, set a target for the number of rape convictions they must achieve. It is getting near to the next reporting period and they have not hit their target. A rape case then lands on their desk which they then prosecute. With the need to hit their target and the thought of the annual review they will be soon subjected to, will the interests of justice be foremost in this prosecutor's mind? How is an advocate possibly able to remain impersonal and fair in such a situation? It is submitted that this would create an unacceptable conflict of interests, and subsequently the Criminal Justice System and the rights of defendants will suffer.

This problem is even more acute when viewed one level down and one considers the affect that this will have on the police officer assigned to the case. With redundancies being made throughout police forces the pressure to achieve results will be even greater. This is particularly alarming when we consider the role of the police in an investigation, that of collecting evidence. As we have seen in other example such as the NHS, this pressure to meet targets has seen false information, massaging of statistics, and ultimately people dying in corridors on trolleys. Adding pressure through the need to hit targets for successful prosecutions for rape allegations will ultimately lead to unfair practices in the collection of evidence.

I am also unconvinced as to how a Judge can give a direction to the jury of the type suggested that would still be impartial and fair to the defendant. If it is a main arm of the defence that the woman was drunk (as was the defendant), and that she came onto him, is it then fair for the Judge to give a direction along the lines of "Just because a woman is drunk does not mean she will be more promiscuous or open to sexual advances".

I welcome comment and discussion on these suggestions, and hope that you are all well.

Yours

BoB

And so it begins...kind of.

2009-08-04T13:42:00.000-07:00

Well here we are in the middle of what can only be described as a terrible summer (barbecue summer my left foot), uni is finished, and I am waiting to start the BVC.

With only a month to go until the first day of the BVC it is now becoming apparent that I need to start preparing properly, some of which will be fun (mostly the buying stuff), and some not so fun. These include:

Reading the pre-reading now available on BPP's blackboard site;
Going through all of my core legal subjects textbooks and revising the areas which BPP say you should know before starting the course (basically everything);
Buying new suits, shirts, and ties for the advocacy, negotiation, and conferencing elements of the course;
Buy a laptop and other stationery for my home study area;
Buy an annual zone 1-6 travel card.

I have so far completed most of section one including the legal research and case preparation manual, and the what I should know before arriving at BPP section. Tomorrow I will begin section 2 so that I am ready to hit the ground running come the 7th of September. The good stuff including buying some new suits will have to wait for a while unfortunately. Something that couldn't wait was the £14795 that I had to cough up yesterday, ouch.

I am also thinking about starting to create a list of all achievements and experience ready to construct a new CV ready for two non-OLPAS pupillages that ask for a CV. Which neatly leads me onto explaining why the last post made it onto my blog (other than for reasons of insomnia).

As you can see below I went climbing in Wales last week and I did indeed end up doing the rather dangerous and very high traverse starting at Crib Goch. While I was clinging onto a rock 980 metres above sea level, absolutely petrified and scared witless, I could think of nothing but getting down of the mountain and finding the nearest public house.

However on reflection I have realised that I might be able to use this in an interview or on an application form under the heading "challenge overcome " or "triumph over adversity". I am wondering if it might be just the kind of standout detail that would catch the eye of an OLPAS form weary barrister as different and interesting? Maybe this is the kind of original, outside of the box, blue sky thinking I need to be employing when writing applications? (Maybe I should stop asking rhetorical questions and using stupid corporate speak?)

I am going to post on some legal/political topics soon, the first being why Harriet Harman is misguided, and secondly on the Assisted Suicide question. Until then,

BoB

As good a time as any...

2009-07-28T18:14:00.000-07:00

Why is it that when you particularly need to get your head down and have a decent night sleep the state of blissful slumber steadfastly refuses to materialise?

I am sat here, my poor neglected readers (yes all two of you), totally unable to sleep. This is more of a problem than it would normally be as my friend will be arriving at 05:00 to pick me up in the car for our day trip to Minx land. Yes I am going to Wales to climb Snowdon, although whether we take the Pyg track (fairly easy) or the far more treacherous Crib Goch ridge depends upon the weather. Below is a video of the ridge on a nice day.

I am not the world's biggest fan of heights but I am sure it will be exhilarating once I am up there.

In other news I am finally a graduate, and in possession of a rather nice piece of paper that tells me I have been awarded a 2.i. I was also personally mentioned twice in the Chancellors speech during the graduation ceremony.

I have also, in the never ending quest to improve and strengthen my CV and skills, attended the FRU Social Security Training Day, which was a little boring towards the end, but generally interesting. It was also a useful exercise in meeting new people who will be on my course in September. I have completed the exam and await the result. All being well this will come soon so that I can at least have one case under my belt before the start of the BVC.

Last but not least, I also managed to fire off my first and only pupillage application to a non-oplas set. I am not sure what to expect but the Chambers specialises in an area of law in which I am familiar and have courtroom advocacy experience from my pro bono work. We shall see I suppose.

I hope that everyone is well, and that your applications meet with success. All the best,

BoB

Food glorious food...

2009-06-24T04:41:00.000-07:00

Despite previous reservations voiced by some over the quality of food at Middle Temple, the dinner laid on for this years scholars was indeed glorious. Foie Gras, Sea Bass, a strawberry something for dessert, and a superb cheese board were accompanied by a rather splendid selection of wines and rounded off by coffee and a rather decent port.

I had a very interesting and enjoyable time talking to the barristers around me and the scholar that was sitting opposite. I also had the great pleasure of meeting Lost London Law Student, who has also blogged about his experiences at last nights dinner.

One particularly useful piece of information from last night was an answer to whether or not I should include my political experience on pupillage applications. I have for the past two years stood as a local election candidate for one of the big two parties (not monster raving loony party as some may think), although never in a winnable seat, only as a paper candidate.

Now, I am at this moment applying to some of the chambers which do not subscribe to the Pupillage Portal and have later cut off dates. One of these chambers specialises in housing, property, and public law issues that arise from housing and property. Both of these areas include a lot of dealing with local authorities and councils. Because of my involvement in local elections I have a very good knowledge of which council (local or county) has authority over which decisions within the area, and how the councils come to a decision on issues such as planning etc.

I am however slightly worried whether or not political involvement is a good thing. The QC sat next to me had this advice:

Generally this type of involvement will be looked upon favourably as it shows confidence, ability to talk to people, specialist knowledge etc;
Some chambers may take against you depending upon the colour of your politics, for example a heavily human rights orientated social issues driven set may reject you if you are a Conservative;
Chambers may be worried that you have ambitions to be an MP and will clear off in five years, thus not making a particularly good investment of time and money;
The best thing to do would be to put it in but not mention which party, and include a line stating that you have no future political plans.

I am not sure how many other people will find this useful but there may be some who do.

The evening finished with Lost and I heading over to the Olde Bank of England on Fleet Street with a rather drunk and slightly objectionable fellow scholar who also did not fancy finishing the night drinking lemon barley water (?) in the smoking room. The opportunities to talk to other people were limited anyway as all three of us were male, which held no interest for the mainly older male members of the Inn that were still there.

So all in all a brilliant night, and a wonderful way to start the next phase of my journey to the bar and beyond. All the best

BoB

They think it's all over...

2009-05-28T11:15:00.000-07:00

Well that's because it is. I am, as of yesterday afternoon, a graduand (I have no idea why it is called that), free from the shackles of my LLB and looking forward to a chilled summer in preparation for the BVC.

With a bit of spare time I hope to be blogging a bit more frequently, so watch this space.

All the best

BoB

God bless Lord Diplock

2009-05-18T03:54:00.000-07:00

Yes, after all that waiting I am the proud recipient of a Diplock Scholarship. Sorry to everyone for the tantrum in the last post.

I would like to say that I am off to toast Lord Diplock, unfortunately an employment law exam prevents me from doing so :(

All the best

BoB

Where is it????

2009-05-16T08:58:00.000-07:00

Why has my letter not turned up from Middle Temple yet?
Why has my letter not turned up from Middle Temple yet?
Why has my letter not turned up from Middle Temple yet?
Why has my letter not turned up from Middle Temple yet?

I am very angry!

Law and Med Coursework

2009-05-16T06:32:00.001-07:00

I am sorry for the recent radio silence, and I realise that it is slightly unattractive to boast about a good mark, but boy oh boy does 72% for a 30 credit unit sure take a bit of pressure off for my final exams.

I think that my Discrimination law exam went okay on Tuesday, just have to keep plugging away at my revision for Employment law and Family Law.

All the best to everyone else who is taking exams at the moment, be back soon...

BoB

And the award for the most ridiculous OLPAS question goes to.....

2009-04-15T11:49:00.000-07:00

"How do you hope to contribute to your future chambers?"

What an utter load of nonsensical, totally pointless, rage inducing twaddle! Other than I hope to work hard, bring in more business through a good reputation, not be a w****r, and not bring chambers into disrepute, what the hell is this question for?

The only possible explanation I can think of is that it is there for people who have relatives that own a business or are partners in a firm of solicitors who can promise to send more work chamber's way, which has nothing to do with the calibre of the applicant.

In other news I think that my scholarship interview went very well, and I have an Inn sponsor who seems to be very nice.

All the best
BoB

Mooting Tips

2009-04-08T12:49:00.000-07:00

Having read Lost's post (if you have not then please follow the link on the right hand side), I thought that I would take up the offer and collaborate on this most worthy of projects. As a quick disclaimer I do not profess to being an expert, nor are these points to be considered sacred cows, they are purely my opinion and as such are open to discussion, debate, and dare I say it disagreement.

Bundles:
I agree with most of what Lost has said, although I don't bother with a contents page. I think this is because I use a slightly different system with my tabs. When I refer to tabs I mean those neon coloured thin little plastic post it ones that you use for revision.

Tabs - Tabs should not just be used to mark the beginning of a new case. Tabs are fantastic ways of speeding up the moot because with tabs you can direct the Judge straight to the page with the quote you are relying on. This saves the old lovely from having to fumble through umpteen pages, wasting your valuable time. Much easier to just say "Can I direct your lordship to page xyz, which can be found at pink tab number 2". Another tip is to use different colour tabs for you and your partner to add to the ease of use and avoid confusion.
Highlighting - As always this may be subject to the rules, but I have always found that highlighting the passage which you intend to refer to has found favour with the Judges I have mooted before.

Speeches and speaking: This is (for obvious reasons) the most important part of the moot and will provide the bulk of the advice in this post.

Pre-written - I know that many people like to have all their speech written out and then learn it and distill it, and reduce it to little cards or bullet points on A4. I implore you that if you can avoid doing this then do so. No matter how much you practice and re-read it you will never memorise it and you should not try to do so. You will sound just as wooden and may forget where you are. True spontaneity and natural mooting is achieved by reading the cases, formulating your points, thinking about any possible questions the Judge might ask, and going for it when you get on your feet. I have at the most the quotes I am relying upon plus the full citation. That is all! From a tactical point of view this makes life so much easier.
The language you use - Do not use slang (unless it is in the facts of a case or a judgment), abbreviations, or colloquialisms. Do not say TV say television. Do not say kids say children. The moot is a formal affair, and vulgarity does not go down well unless you can be humorous. In a previous moot I had to describe a case in which a man was caught receiving a blow job off of his girlfriend. Instead of saying that I used the word fellatio. Same thing just sounds more professional. However,
Don't use long words for the sake of it - You do not have much time so verbosity and verbal flannelage will not impress, it will only waste time and possibly obscure the point of your argument.

If you are the appellant:

Try and figure out what points your opponent will make and address them in your speech. This is another reason why you should not use a fully written speech. If you can make your point and give some good reasons why your opponent is wrong, you give the Judge some difficult questions to ask the other side before they have even opened their mouths.
Listen to the other side when they are making their submissions and write down answers to any points they make which need to be addressed in the rebuttal.
The rebuttal - This is by far and away my favourite part of the moot. The last voice that the the Judge will hear is yours so make it count. You have to be forceful and compelling. Address the points methodically and explain why they are clearly wrong. Use all of the knowledge you have including that of precedent. You will be surprised the number of times that teams will cite dissenting judgments and decisions of lower courts. These can all be used to your benefit. For the lead counsel who gives the rebuttal - Know your partners grounds of appeal nearly as well as yours.

Respondents:

Have an idea of what you want to say in support of your points, but most of your speech should be based on what the appellants have said in the preceding 20 or so minutes. This is yet again another reason not to have a written speech (sorry to bang on about it but it is just so important). You are the respondents so your job is to respond to their actual arguments, something you cannot do until you have actually heard them. You can think of some really novel ideas during this time which make excellent points.

General points:

Pretend you are actually in court presenting a real case. Refer to the decision of the lower court and if in a criminal moot a good out when a judge asks you why the particular indictment was chosen say "I am afraid I was not involved in the CPS decision when the case was heard at first instance. I have only been involved in the case from the start of the appeal proceedings". It shows that you know a bit about the legal system and that you are taking it seriously. Well that or it's a good display of BS.
Be inventive - After you have looked at the question and the immediately involved cases try to think laterally about the question. Just because it is a criminal case does not mean that you can't look to civil cases for sources of principle to put before the court. I personally like to be on the side where the law is clearly against you as it forces you to be really inventive.
Dress - The clothes maketh the man or so it is said. Look like a barrister and you immediately show you mean business. Do not slouch! Stand up tall (I have to do this as I am only 5ft 4"), speak loudly, and try to project an air of confidence even of your are bricking it. Shoes should be black, lace ups for men, leather, and polished to a high sheen. Trousers should be pressed, as should the shirt which from personal preference should be white. Choose a sombre tie and if you do not know how to already learn to tie a Windsor or half Windsor knot. If you have long hair make sure it is tied back so you do not fiddle with it. Do not wear any jewellery that may rattle and cause a distraction.

Well, I think that is enough for the moment. This is the longest post I have written for a long time. Hope that it is useful and enjoyable,

BoB

Another win!

2009-03-24T14:26:00.000-07:00

Just the quickest of quick posts to let you know that we won the moot last Wednesday (I scored 18 out of 20), and we are now through to the quarter final of the ESU comp. It's either QMUL or KCL next.

2nd round of ESU Mooting Competition

2009-02-11T04:15:00.000-08:00

Last Thursday saw BoB, his mooting partner, the Mistress of the Moots, and a friend who wanted to come along and support us, climb into a rather nice hire car (paid for by the law school) and set off to the hallowed learning establishment that is Oxford University.

Now I am a fairly confident guy and feel that I am a fairly accomplished mooter but I must admit that the thought of going to Oxford to face the two best undergraduate mooters at the university did make me feel a little anxious. Especially seeing as the preparation had been less than I would have liked due to other more pressing problems such as keeping on top of my work for the third year (where has the time gone?).

We arrived at Magdalen College after a very pleasant drive through the snowy Oxfordshire countryside and after parking the car fled to the nearest coffee house to finish preparing our bundles (I told you that the prep was a little lacking). Come five o'clock we changed into our best attire and made our way to the mock court (lovely oak panelled room in the college). The other team were already there and after a brief exchange of pleasantries and bundles we sat and waited for the Judge to arrive.

Now as you may recall from my last post (apologies for the lack of posting) I have recently revised my mooting style and now only use the briefest of notes and the selected quotations I require. In fact on my last ground of appeal I had written next to no notes at all and was, for want of a better word, winging it. As it turned out if I had written very detailed notes it would have been an absolute disaster. The Judge was very tough and the entire experience was more like a cross between the Spanish inquisition and a one on one seminar with the strictest tutor imaginable. This is not to say that it wasn't enjoyable because it was actually great fun with even a sharing of jokes over the facts of one of the cases involved (a man caught on CCTV receiving fellatio from his girlfriend).

As we were the respondents in this case we had to listen to the Oxford team go first who both sounded very professional, calm, and collected. I must admit that when it came to the Judge giving the verdict I was not sure which way it would go. He gave a very long judgment on the law (which we lost on both points) and then finally gave the result 49%...to the appellants and 51% to the respondents. We had beaten the best that Oxford had to offer. We were obviously thrilled and to top the evening off the Oxford team took us out for an all expenses paid dinner afterwards. We are now looking forward to the third round, although the question is on trusts which is a subject I hoped to never have to deal with again.

All the best and hope everyone is well

BoB

National Mooting Victory

2008-12-10T03:44:00.000-08:00

Last night was the first round of the national mooting competition that my partner and I have entered. We were the host institution so come 6 o'clock I was sat in the mock courtroom at the law school waiting for the moot to begin.

As lead counsel for the appellants I was the first to speak and after the brief spell of nerves that I experience at the beginning of every moot I got into the groove and put in a fine performance netting the joint highest score for all of the contestants that evening. My partner also put in a stellar performance and I am very happy to say that we won. We are now through to the next round so yet more work on top of that which I already have for my degree.

I am also doing a talk for the charity I do the court advocacy for at my law schools pro bono evening tonight, after which I am retiring to a local public house which was voted CAMRA's best pub in Britain a couple of years ago so plenty of good quality real ale to sup.

All the best

BoB

Christmas Drinks and Mooting Comp

2008-12-01T13:19:00.000-08:00

The season of Christmas cheer is now upon us and for many people this means it's time to drink your own weight in your preferred tipple before passing out in front of the Queen's Speech. With this most British of past times in mind I was wondering if anyone from the blawging community was up for a little Christmas drink in London.

I am back for a meeting on the afternoon of Saturday the 13th so am available all morning if anyone fancies a beverage or two or that evening. Please let me know at the brand spanking new e-mail address which is on the right of the blog and we can try arrange something which is convenient for all.

Secondly I am eyeball deep in moot preparation at the moment for a national mooting competition. The problem is really interesting and I am looking forward to being on my feet again and hopefully progressing through to the next round.

All the best, will post again soon,

BoB

Two for Two

2008-11-20T08:15:00.001-08:00

As a boy I regularly enjoyed going out at the weekend with friends, armed with only a tub of maggots and a rod, and spending the day casting out into the river and seeing what I could catch. It is crucial that you use the right bait to reel in that big fish which you are after.

Thus I come to the point of this post, and stretching the fishing metaphor to almost breaking point, I am pleased to say that I have secured two mini-pupillages for next year, one which is listed in band three of Chambers and Partners UK for crime in London, and one which is listed in band one. Although I have done quite a few minis I am now concentrating on doing criminal law minis to prove my commitment (although maybe being poor and impoverished would show my commitment better?). It is also so that I can meet the members of chambers I am intending to apply to, and more importantly they can meet me.

Perhaps the most satisfying part of this process has been that I only sent out two CV's and both came back with an offer, so I obviously 'used the right bait'.

All the best
BoB

The Barristers

2008-11-15T10:35:00.000-08:00

To start this post I quickly want to mention what an absolute God send the BBC i-player service is. This alone is worth the licence fee that most of the press having been bleating about following the Brand/Ross scandal. The availability of this wondrous piece of technology allowed me to attend a poker evening last night, and watch the program this afternoon.

Right down to business. I agree with barboy that there could have been a bigger concentration of the difficulties and bad parts of training to be a barrister. It was, however, a fairly entertaining and informative program for those who know nothing about the bar. For those of us who are already aspiring to be barristers and have half an ounce of sense (although this may possibly be an oxymoron), it didn't really proffer much in the way of new information.

I thought that the BVC students that they chose to follow were a little uninteresting and may have been chosen to give the impression of the Bar being a much more 'right on' and diverse profession than most people would traditionally think. I was particularly unimpressed by the single male that was chosen, especially when he stated 'I mooted once at University, but think that it is better to do it here in front of real judges'. If he had mooted more at University he might not have been so bad and lost on the night.

I think that it would be interesting if the next episode is mainly about pupillage to give a real insight into what to expect, with maybe a bit of a side focus on the very junior end of the profession. We shall see soon enough.

All the best BoB

FRU Day or not as the case may be...

2008-10-14T02:00:00.000-07:00

I am aware that in my last post I promised to write about my day at the Free Representation Unit. Unfortunately things did not work out quite as I had planned.

On Friday night BoB had been invited to attend a Lodge meeting of a good friend of his. For those that think that I went to the home of a beaver let me explain that a Lodge is where Freemasons meet. I have been a Freemason for about three years now and thoroughly enjoy it. After the meeting we had dinner at a club in London, which was followed by a few pleasant drinks at the bar. Unfortunately BoB forgot the time, and ended up missing the last train home. This meant a much longer journey on the night bus, meaning that I did not get home until half past three in the morning.

I was therefore far too tired to have been able to have actually learnt anything on Saturday so decided to leave it this time and go early next year.

The moral of this story.....

Check the train timetable to see when the last train for home leaves.

Until next time, BoB

Deepest apologies and I really am back

2008-10-07T06:48:00.001-07:00

As I sit here in the library typing this post, I feel a huge wave of regret flood over me for neglecting my (few and far between) readers. I am now, however, well and truly back and looking forward to blogging again. In terms of my journey to the bar this is where the fun (or should that be nightmares) really start.

First on the list of things to do, which seem to be mounting up at a phenomenal rate, is filling in my BVC scholarship application form for Middle Temple. This is almost complete subject to a few final tweaks which were recommended by the careers advisor, and me filling in the financial information.

Picking up on this, I am shocked by how little awareness there is of this fact among the general student population. This is just another example of why getting to the bar is so difficult due to the lack of information passed down to students. I wonder when it will get through that not everybody wants to be a solicitor.

Following hotly on the heels of this will be many, many, many mini pupillage application forms/CV's winging their way to a multitude of Criminal Law sets. This is to:

Network and find out more about the different Criminal Law sets for OLPAS; and
Show an even bigger commitment to the Criminal Bar in general.

I am aware at this point that many will be shaking their heads, furrowing their brows, and possibly considering getting BOB committed for wanting to go to the Criminal bar. To those readers I would say worry not, I have pondered the question long and hard and come to the conclusion that I would not be happy practising any other form of law at the bar so I am willing to suffer a life of financial hardship, and give up on the dream of an Aston Martin sat in the drive.

Next, although this seems to be more of a formality than a hurdle, is to apply for the BVC. I am still torn between two providers (BPP and College of Law) at the moment so any advice from fellow bloggers will be most appreciated. I'm not going to repeat what I have said earlier about the BVC and who should be given a place but if you are interested it can be found here.

I am also this Saturday off to the FRU social security law day so that I can begin the process of becoming a ratified representative. A full report of the day will follow shortly.

Finally I have the national mooting competition which will be starting soon so that will increase my work load, on top of my final year subjects which are in case anyone is interested:

Law and Medical Ethics
Employment Law
Discrimination Law
Family Law
Jurisprudence

As a final note I also wish to say how sad it is that Law Minx is no longer blogging. I wish her the very best, and am sure that she will (if she hasn't already) reach the nirvana of pupillage and tenancy.

All the best, BoB

I am still here!!

2008-09-07T17:52:00.000-07:00

I am sorry everyone for my lack of posting. This is for two reasons:

I have nothing of interest to write about; and
Laziness.

The former is understandable, the latter unforgivable. I hope that everyone is well and I will return soon.

Until then,

BoB

Results

2008-07-08T17:33:00.000-07:00

Just to let everybody know very quickly that my results for the second year were:
Contract 65%
EC Law 65%
Tort Law 62%
Trusts 61%

I am now returning to my holiday in Australia. All the best

BoB

Mini Pupillage and first result for the year

2008-06-10T05:51:00.000-07:00

My apologies for not posting for a while but as promised I am going to fill you in on the mini pupillage that I completed last week. However before that I will quickly just say that the provisional mark for my coursework for contract law is 65% so a good 2.1 although not as high as I was hoping.

My mini pupillage was very interesting with a few areas of criminal law cropping up which I had not had the opportunity to encounter before, namely fraud and false imprisonment. What was most beneficial was talking to a number of members of chambers who are currently sorting out the OLPAS forms that chamber's has received, and grilling them over what they look for in particular. It was also very helpful to have the opportunity to talk to the current pupils about their experiences at the very junior end of the bar. All in all the barristers I had the pleasure to meet were very friendly, and seemed to be genuinely interested in what I had to say and my experience of the law thus far.

I have to end on a slightly sad note unfortunately and inform you that my outdoor clerking job is no more. This is because the new funding rules have made it uneconomical for solicitors to send clerks to trials anymore. Oh well I think I'll just go straight to working at the bar after my holiday...behind it that is.

All the best, TTFN
BoB

OK but could have been better

2008-05-25T07:13:00.000-07:00

Just a quick note to say that my second year is finished and that EC was OK but not fantastic. I think that the last three questions were good but the first question was not good at all so I am expecting a low 60 which although a 2.1 will really drag down the average which is a bit of a shame.

However you always think you have done worse than you actually have so I might surprise myself. I am now looking forward to my weeks mini pupillage and then I am afraid I will be away for a very long time as...BoB is off to Australia for a month to visit his girlfriend and travel around.

I will then be returning with my girlfriend as she will have finished her second year as well, and returning to the wonderful world of outdoor clerking.

All the best

BoB

Results and Exam Report

2008-05-22T09:38:00.000-07:00

Well as can be seen to the right of this entry the results of the poll are in and 11 people have voted against the new robes compared to only 6 who think that they are a good idea. I must agree with the against votes and have also found the recent comments by many journalists rather amusing, who have likened the pictures of the current Chief Justice to an extra from Star Trek.

In other news I am currently two thirds of the way through my exams having completed Tort and Trusts. Tort went well and Trusts went even better so on gut instinct I am pleased so far. Only EC law left to contend with.

All the best

BoB.

I'm just not sure

2008-05-14T07:21:00.000-07:00

These are the new civil robes to be worn by the judiciary. They are black with navy blue velvet trim, finished off with red bands. There is also no wig with these robes.

I am a very traditional kind of guy and one of the reasons I decided on going to the Bar is that the profession is so steeped in history and tradition. So part of me feels that it is a great shame that this change has happened.

However I am also practical and can see the argument that the old style of robes are impractical and inappropriate in civil law cases. So I am a little torn on whether I like them or not. Any comments are gratefully received and please vote on the little straw poll at the side.

All the best,

BoB

Mid-Revision Update

2008-05-10T07:39:00.001-07:00

The condensed revision sheets for each topic in each subject are finished and all that is left is to commit them to memory. I find it easiest to achieve this by reading, covering the page just read, and copying out from memory. It worked fairly well last year with three 65's and a 68 so I am hoping it will work just as well if not better this year.

The three exams this year are Tort, Trusts, and EC law, with contract law being examined on on piece of coursework which has already been handed in. The revising is obviously not being helped by the beautiful weather we are currently enjoying, but I have managed to resist saying to hell with it all and finding the nearest beer garden for a quiet drink with friends.

In other news I have secured a mini pupillage with a top specialist criminal law set in London. I was advised by a number of specialist criminal law sets at the recent pupillage fair that if you haven't got a purely criminal law mini pupillage under your belt they won't consider your application, and if you put down a preference for any other area of law than crime on your olpas form the same applies.

I have also bitten the bullet of poverty and sent off my application form and cheque (for £85) to join Middle Temple so expect me to become a regular visitor at dining. I will also be returning to my outdoor clerking job during the summer so watch out for more posts about the trials and tribulations entailed.

As a final point I am sure that most readers of my blog do, but if you don't then please head over to law minx's blog which has an absolutely hilarious post about a new award ceremony called the Freddies.

TTFN, BoB.

Bye Bye for now.

2008-04-26T10:09:00.000-07:00

Taking my cue from my girlfriend I thought that it would only be polite to explain my absence, and make a promise to you all that I shall return after my spell in the infernal damnation of revision hell. Until June everybody, and best of luck to anyone else who is also currently revising for exams.

The perfect poster boy for the Bar!

2008-03-26T15:32:00.000-07:00

In the current climate of opening up the Bar to all comers and increasing diversity, along with the challenge of proving that the Bar is not an antiquated, outdated institution of privilege and snobbery, we have this twit making an absolute idiot of himself on national television in 'The Apprentice'.

Apparently this chap received an outstanding on his BVC. Well I'm afraid the only thing that he did tonight was to show himself to be an outstandingly incompetent fool.

I am firmly of the opinion that it should be best person for the job, but not only does he tick the box in every way as the stereotypical barrister (white, posh, male), he openly accused the other members of the team of not liking him because it was 'obvious that the team has split in to the educated and the uneducated'.

If you want a job with Alan Sugar, the last thing that you should do is go and boast about your academic qualifications, as he puts no stock in them whatsoever. I thought knowing your audience when presenting your case was a vital skill to learn as a barrister. I did not think much to his actual speaking either. He seemed nervous, out of his depth, and punctuated his talking with lots of 'well you know' and 'errm' and 'the thing is'.

As a final gripe (I am sorry but this guy has annoyed me beyond belief), what the hell is that stupid little bit of hair under his lip about? It looks like he either forgot to shave it, or a small furry animal has decided to live there.

My apologies for it being so long since the last post. However while I am here I can tell you that the meal at Lincolns Inn was splendid, and I ran another advice and advocacy session at the court by myself. Hoping to hear back from some mini pupillage applications fairly soon as well.

Until next time blog watchers.

Apologies

2008-03-11T20:04:00.000-07:00

I am sorry for the lack of posting but I have been very busy. This is not a long post but rather a sign that I have not disappeared from the face of the Earth, and I promise I shall write a much more substantial post in the near future.

Back to business as usual

2008-02-24T03:55:00.000-08:00

Last Wednesday I attended court with the housing charity I work for as a volunteer. This time at court was however a little different in that on previous occasions I have been accompanied by a solicitor from shelter. Today I ran the session, with the help of a trainee who is only at the stage of taking instructions rather than advocacy.

I personally represented 7 people at court in the space of two and a half hours, with most people going away happy. There was again unfortunately one eviction which I thought was entirely unfair as they had a buyer for the property, but the Judge was unwilling to suspend the warrant because the contracts had not been exchanged.

I did however come up against a strange phenomena which slightly threw me. I will call it the 'over helpful Judge'. Now I'm not saying that having a friendly Judge is a bad thing, but this Judge had her own ideas of exactly what was best for the client, regardless of what my instructions were. In fact in one case I had suggested the exact same solution to the client, but had been turned down, only for it to be accepted when made by the Judge ten minutes later.

I think the problem is is that the Judge is so used to defendants not being represented that she has developed a style in that she becomes both their representative and Judge. A lot of the time my carefully thought out submissions and facts were useless as she proceeded to ask the client all of the questions rather than me. But there we go, the important thing is a good outcome for the client so I can't complain too much.

I have also been asked by the coordinator whether I would be willing to take on the role of a mentor for a future volunteer. This is of course quite a compliment to my own work, but a lot of responsibility. I have agreed as I think that it will be an excellent experience, and will improve my work as I will have to think even more about how I work so that I can pass on best practice to the new volunteer.

Posts to come soon include the result of the elections at my uni, where I am running for a part time executive position, the target pupillage fair, and also the law students dinner at Lincolns Inn that I will be attending in March.

All the very best,

BoB

A defence from an unwarranted attack

2008-02-22T16:54:00.000-08:00

I suppose in all walks of life you come across people that obviously feel so bad about themselves that they feel the need to belittle and insult people to achieve a feeling of worth and importance. These people do not anger me, but merely invoke feelings of pity and sympathy for the sad little lives that they lead.

The attack which I mention in the title is that which was directed to my choice of favourite books, and more specifically my enjoyment of Harry Potter. We all have guilty pleasures and I am more than happy to admit that I enjoy reading Harry Potter. We are all but human and fallible. However to attack me because I am not pompous and don't fell the need to mention that I have read '100 years of solitude' and 'The unbearable lightness of being' to try and prove that I am intellectual is merely a reflection of your own insecurities.

Favourite reads means exactly that. A subjective question, not based upon your intelligence, but what you enjoy. There are many extremely clever people that will sit down and read a trashy magazine for enjoyment and relaxation, which has no reflection on their intelligence. If 'favourite' is based upon what you enjoy then Harry Potter has given me a lot of enjoyment and deserves to be on my list.

It is quite obvious from the posts left on other blogs that the person who has decided to ridicule me is actually a bit of an idiot. He never has anything nice to say about anyone, and I seriously doubt whether he actually is a barrister. If he is I would imagine he is the one in chambers that nobody likes, receives very few briefs, and generally blames his own failings on everybody else other than him. This is because if he did own up to his own failings he would probably top himself for being such a worthless cretin.

I am sorry regular readers that this is a rather off topic post but I will not be told that I am unworthy of being a barrister purely because I enjoy some lighthearted relaxing reading. The blog will return to my journey to success (hopefully) in the very near future.

Victory for BoB

2008-02-14T06:17:00.001-08:00

Loyal bog watchers the results are in for the final of the internal second year mooting competition, and as you may have guessed from the title of this post my partner and I won!!!

It was very close according to the Judge, although I was fairly sure that we had won, and indeed only one point seperated the teams. This did suprise me a little bit, as the other team relied on parts of the judgment in their cases which were given by dissenting judges, or at one point the argument of counsel. When I pointed this out to the judge in my rebuttal, it was met with a smile and a nod which certaintly did great things for my confidence.

Another reason that we won was the other team reading all of their submissions from pre-prepared scripts. So bad was this that even though in my initial submissions I conceded that the appellant could not succeed on a certain grounds, the lead counsel for the respondent spent half of her time explaining to the judge why the appellant could not succeed, because she just followed her script rather than change it.

This victory is however slightly tinged with sadness, as my beloved other half is jetting off to Australia this morning for five months as part of her degree course. On a plus side, my partner and I have been invited to moot externally for the university next year in the ESU mooting competition.

All the best
BoB

A Thorny Issue?

2008-02-08T01:50:00.000-08:00

As someone who is nearing the point in my university experience when I need to decide which BVC provider to apply for, I have mulled over not just which will be the best but also the whole issue of entry requirements.

Now I don't want to go over old ground, which has been covered in a far better fashion than I ever could by Simon Myerson QC, but I wanted to post on what I personally think is the best option.

I am aware that supposedly you are required to have a 2.2 to get a place on the BVC, but from the impression I get this is not actually true. The first point I will make is why bother with entry criteria if you're not even going to enforce them. I know that BVC providers are businesses looking to make as much cash as possible, but how about thinking of the service you are providing to those poor people that are handing over a wheelbarrow full of money.

Letting in students that are clearly not up to the job not only results in a large number of massively in debt people with little chance of becoming barristers, but it will also impact on my learning experience which is utterly intolerable.

Instead of saying it just has to be a 2.2 (which in its self is pretty low especially seeing as most chambers stipulate a 2.1), why not have an examination before the offering of places based on public speaking and mooting skills, interviews, and some from of exam looking at issues affecting the bar today, ethics, etc.

I am not totally on board with this idea but thought that it would make an interesting post and might start some more discussion. Any tips or inside track concerning different providers would also be of great help. All the best BoB.

Finals of Mooting and new Bar Soc.

2008-01-24T06:53:00.000-08:00

I have, as many regular readers will know, been steadily progressing through the internal mooting competition with my partner, and have reached the final. The final will be the 13th of February and is front of a real Judge, and in gowns so all very exciting.

I'm feeling really fired up for this, especially after the disappointment of the Vac scheme interview, and have again been placed in the position of the appellants. I shall obviously let you know the result, but if we win it may be a little while afterwards due to having to nurse a massive hangover.

I have come back this year and am working hard, and have also realised that my degree is half way through. Things will start really going soon when considering BVC provider, funding, scholarship applications, and my first go at the dreaded OLPAS form. To this end it is back o the grindstone to have as impressive a list of exam results, and some more sending off of CV's for mini pupillage's.

In other news I am attending the Target Pupillage fair to talk to chambers, network, and swan around London for a while afterwards. I assume I may see some of you there. The University I attend has also just started up a new Bar Soc, finally, so that we may actually start to see some events specifically for those wishing to qualify as Barristers.

I promise I shall post with something a little more interesting, possibly jumping into the debate concerning the BVC and admission to the course?

Happy BoB

2008-01-14T10:20:00.000-08:00

As I promised here is a round up of my interview at a certain MC firm which took place this morning. I am sure that you are not supposed to enjoy interviews this much, but I can honestly say hand on heart that I felt I gave a very good impression of myself and found it to be a very interesting and stimulating experience.

The morning started with a critical reasoning test. These are a pain in the backside but the firm was good enough to send out a practice paper so that with some study I was able to walk in a lot more confident about it, and felt that I did not embarrassed myself totally.

This was followed by an interview with a member of HR and concentrated on my 'soft skills' (talking to people, handling different situations, being a normal human being!), although the first 15 minutes were spent talking about my military and musical career. Questions included:

Describe a situation where you have recognised a colleague is under pressure and you have resolved it;
Describe a situation where a conflict has arisen and you have dealt with it.

I managed to give some good examples, and asked lots of questions at the end about training and the company ethos, and generally had quite a nice chat.

I was then given a tour with my two competitors, ahem, I mean fellow applicants, and shown all that the building had to offer, including the biggest flat screen television I have ever seen.

The day ended with an interview with a partner who was really nice, and asked me questions set to test my 'commercial awareness'. The scenario was based upon a real estate transaction, which was great as I love Land Law and would love to work in that field, be it at the Bar or as a Solicitor. It also helped that the partner was a property Lawyer and that I had expressed an interest in it on my application form.

So a good day in which I believe I have done well, but could have done better in a few areas like talking about how my time in the Army developed my soft skills, and thought a bit more about the connection between commercial awareness and how it impacts the advice a lawyer gives. I suppose all I can do is wait until the email arrives in my mail box.

In other news I also outdoor clerked on two occasions last just to keep me occupied and in a legal frame of mind, earn some more cash, and do a bit more networking with Barristers.

You can't win them all, but losing still sucks.

2008-01-07T02:50:00.000-08:00

My apologies that the first post of the year is such a pessimistic one, and I shall hopefully return to my usual chipper self, presuming that the interview on the 14th goes well.

The reason I am a slightly blue BoB is that I had my first case where the client was served an eviction notice. I will not go in to the details as all information I receive is private and confidential, but suffice to say the interest rate rises coupled with the end of the fixed rate term had left them in an unsustainable position. The only option was to try to achieve as much time as possible to find a buyer.

Although the deputy district judge described my submissions as 'valiant' and told the clients that they could not have been put better, he only gave them 56 days rather than the six months I was asking for. This is however longer than the usual so a small victory from the ashes. The clients were obviously both upset, but thanked me for everything that I had done.

As with all work experience none of it is wasted, and I believe that I have learnt a valuable lesson, firstly about the law, and secondly about myself.

Firstly this has brought into sharp focus the fact that you cannot always win, and that eventually no matter how good you are, the odds will be so stacked against you that you just have to try and achieve something for your client, no matter how small.

Secondly it is has shown me that I am personally capable of dealing with this disappointment, and that I have a strong enough character to take the knocks when they come, pick myself up, and cheerily look forward to my next time in court.

Till next time
BoB

Interview

2007-12-22T05:44:00.000-08:00

As some may remember from a previous post I applied to a certain MC firm for a summer placement. Well I have received an email inviting me to attend an interview.

I know that there will be those out there that are shaking their heads over this betrayal of my quest carrying on, but I am feeling quite proud having got this far in what is a massively competitive process.

I shall of course let you all know how it went in January after the interview. All the best,
BoB.

A Merry Christmas one and all.

2007-12-17T12:05:00.000-08:00

Hi everyone. I seem to be starting most of my posts with these words but again I apologise for the lack of entries recently. There is not much of a reason for this other than a little bit of laziness coupled with working on other things. I am at this moment working on a formative coursework for contract law. This is particularly important as the contract law assessment for my second year will be 100% coursework so this will give me a good indication.

Two small points:
You may have noticed that I have put Christmas at the top of this post which is entirely intentional. It annoys me no end that it is now in some areas being called 'wintermass' or 'frost festival' or whatever other nonsense that somebody makes up because someone, somewhere, might be offended. Although of course with the Law as it is it's not really that surprising when offending people is quickly becoming a criminal act. So I repeat Merry Christmas everybody.

Secondly I went busking yesterday for 3 and 1/2 hours in the city and made £45 which was a nice little bonus before Christmas. Might do it again tomorrow.

Hope everyone has a good time over the Christmas period and I will see you all again in the New Year.

Semi Final Success

2007-12-07T01:42:00.000-08:00

The mooting competition continues for BoB as last night my learned friend and I were victorious in the semi final. It was very close but we won by the huge margin of one point!

I have learnt that I need to work a bit more on my opening, and to not use colloquial English, such as TV rather than television. But these are all good points which I can work on for the final next year, which will be in front of a judge and in gowns, which will be great fun, although nerve racking.

In other news I attended court and was able to get in front if the DJ three times, although everything was sorted outside so most of the time all I had to do was nod at the right time and smile sweetly.

Well that is a very quick round up of the past couple of weeks. I'm looking forward to Christmas, but will be doing work over the holiday, reading cases, a little bit of catching up and refreshing myself of what I have learnt so far.

I am still here.

2007-11-27T02:36:00.000-08:00

Sorry that I have not updated my blog for a while, but unfortunately I have been really busy. I do intend to do a long post soon so that everyone can catch up on my progress. I have been doing more advocacy work at the local court, and have been working hard on my degree, but not as hard as I would have liked.

I seem to have been distracted this year, and slightly taken my eye off the ball. I think that BoB needs a good holiday, and then come back in the new year raring to go.

In other news the semi-final of this years mooting competition is next Thursday, so lots of work towards that. I promise I shall return very soon,
BoB.

Result!!

2007-11-14T04:47:00.000-08:00

Very quick post, but just thought that I would let everybody know that my partner and I are through to the semi-finals of the mooting competition which will be in front of a Barrister from a local chambers. I will post more details soon, but Tort Law seminar work awaits.

Upping the stakes!!!

2007-11-11T15:55:00.000-08:00

My learned friends for the respondents in the quarter final of the moots are good friends, and are a boyfriend and girlfriend team. The boyfriend has been trying to put the pressure on, all in a good hearted way, but he has stated that "I am going to be drinking a celebratory pint after the moot".

To add to this, the recent Tort lecture concerned the exact area of the moot (psychiatric harm and bystanders), and sat there listening it was quite obvious that the law was completely against us. This was pointed out to us with much glee by said learned friend.

Now I would imagine most of the few loyal readers of this blog out there will be thinking "poor old BoB, not a chance in hell". But you would be wrong, and I am massively happy that he is cock sure. Because it shows me that he has looked only to the obvious, and the point upon which I am arguing has not even entered his radar, so should completely broadside him. It's there in the cases we have been given, so it only requires close reading, but such are the dangers when the case law is so obviously in your favour.

The proof will obviously be in the pudding when we get to the moot, but I am really up for this and looking forward to prove the old adage that "pride comes before a fall".

Watch this space, all the best to everyone, BoB.

Assessed or not, that is the question?

2007-11-05T04:20:00.000-08:00

As it is the time of year that the new pupillage handbook comes out (in a rather fetching shade of blue this year), BoB's mind has turned to the question of mini-pupillage's.

Having scoured the pages of the Chambers in London which I am interested in, I found myself pondering whether or not it is wise to complete an assessed mini-pupillage? There are pros and cons to either answer.

Pros:

Chambers get to see what your abilities are, not just that you are good at being your supervisor's shadow and being polite and friendly;
It may help the selection process for pupillage, as they will already know something about your abilities;
Some chambers will let you skip the first round interview if you perform well;
It allows chambers to give you some real constructive feedback on your chances rather than "everyone thought you were very nice"!!

Cons:

Mess up the assessment and you have little or no chance of getting pupillage at that chambers, even if there are further assessments in the pupillage interviews;
You may end up being so worried and stressed, that you spend all week concentrating on the test, and don't show the members of chambers your friendly side and allow them to make the "very nice" comment;
You may not actually enjoy the week, so you won't want to apply there anyway.

If anyone has any views on this, especially those that have maybe completed one or have secured pupillage, they will be very welcome.

The results are in!!

2007-11-04T02:00:00.000-08:00

Just a very short post to let you all know that we are one of the 8 teams to make it through to the quarter finals. We are the appellants this time round, so the law is totally against us, which gives us the option to show real creativity and impress the judges.

I will keep you posted as more information comes in, BoB.

First Round Mooting Post Mortem

2007-10-30T10:07:00.000-07:00

Here as promised is a description of the moot yesterday. Unfortunately the other side had to withdraw, so we only gave our side of the argument. We still had to perform because it is point based in the first round.

My partner took the first point of appeal which was on the closeness of relationship needed to found liability for witnesses of incidents to claim for psychiatric damages.

He was picked up on one or two points but nothing major so all good, although he did keep on saying "I believe" which is wrong, and made me wince every time it happened.

My point concerned the whether employers are liable for psych. harm alone, and the requirements for proving the maxim "Volenti non fit injuria". My cases were (in case anyone is interested) Frost v Chief Constable of South Yorkshire and Smith v Baker.

I was told that my eye contact was excellent and that I obviously knew the cases and law very well so that I did not need to look at my notes. The judges said that my pace and cadence were perfect, and that my answering of the questions was first rate, as was my court room etiquette.

Two small points were picked up:
1-In my eagerness to begin I did not leave as much time as I should to allow the judges to finish thinking about my leader's points and give their full attention to me;
2-I got a page number wrong in my notes, although that was a typo. However when challenged about this I was not as courteous as I could have been, but later did apologise to the court.

All in all a successful moot, in which I felt very calm and in control of my points and speaking. I am quietly optimistic that we have made it through, especially as the judges started discussing bundles and skeletons with us. The results are out Friday.

My Apologies

2007-10-29T16:25:00.000-07:00

I am afraid that due to the amount of work that I put into preparing for the moot, I completely neglected my EC law seminar work so I have spent about 6 hours this evening trying to do it. I will therefore endeavour to post the details of today's very successful moot tomorrow.

Round one ding ding!!

2007-10-28T07:58:00.000-07:00

Have just finished typing out my submissions in long hand for tomorrows moot. Just need to condense everything down to bullet points on file cards now. It may seem as though I have left this a bit late, but we were only given the moot problem this Wednesday and have had seminars to prepare in between.

The problem is a tort question concerning employers liability and psychiatric harm. As I led last year I am giving my partner an opportunity to have a go. I have put in a lot of prep and with my extra public speaking experience, and real life advocacy, I am feeling fairly confident about it all.

I shall let you know how it went tomorrow, all the best till then,
BoB

Today deputy chair, tomorrow PM.

2007-10-19T01:43:00.000-07:00

Last night I attended the first meeting of the union council. I know that as soon as you mention student politics to some people they immediately switch off, and have visions of far left wannabe politicians playing little power games.

However, this is another opportunity to get some public speaking experience and start thinking about the way you construct a coherent and compelling argument. As you all know this is obviously excellent experience, as well as giving you a chance to make a real difference to the students at your uni.

I was on council last year, but this year I decided that I wanted to become more involved, and stood in the election for deputy chair. This meant giving a speech on why I would be so good for the job etc. etc. I am pleased to say that I won and will be in charge of any council meetings that the chair cannot make.

To top the evening off, a motion that I made a supporting speech for also passed, so a successful evening all round. I must dash, contract law seminar prep awaits.

A plea on behalf of other students.

2007-10-17T13:49:00.000-07:00

If any of you that read this blog (I now that there are only a few) are involved in the running of the mooting then please make it more interesting than the introductory event for this years competition that my law society runs.

I have fortunately mooted before, but if I had not then this would have completely put me off (well not really as I know how important it is so would have done it anyway). The format was basically handing out a four page guide to mooting, and the reading out loud the guide with the readers own comments on each section. I think the reaction at the end of the talk (absolute silence, not a clap in the house), was a pretty good indication of how well it was received. Having said that it is so important that everybody signed up anyway.

So please, for the sake of all students sanity, make sure the presentations are lively.

P.S This year my team mate and I will be victorious! I hope lol

Am I a Traitor??

2007-10-15T05:20:00.000-07:00

I have just this very minute finished and sent off an online application. This has taken me a considerable amount of time. But why would this be traitorous?

Because fellow Bar aspirants, it is for the summer vacation scheme at Linklaters! Now yes it would be very good work experience, and it is fairly nicely re numerated, but am I betraying my quest?

I shall leave it for you to decide, although let us not forget that this scheme is exceptionally competitive so no guarantees I'll even get on it, so the worrying could all be for naught.

Till next time, BoB.

Am I a bit peculiar?

2007-10-01T16:19:00.000-07:00

This is only a very short post readers, but I think an important one. I arrived at the library on campus today at 09:30. I left for half and hour at lunch to have a coffee and meet my significant other, and had an hour lecture on EC law at 16:00. I did not return home until 19:15. Other than these times I was in the library. And what was I doing in the Library...?

Reading, studying, absolutely loving, and not noticing the time slip away, while immersed in the subject of Trust Law. Now surely this isn't normal behaviour for a law student. Which is why I put the question as the title.

I found my self becoming enthralled with the rights of trustee and beneficiary, the obligations and powers of the trustee, whether there was a fiduciary duty, how trusts are created in wills, and such forth. It hasn't all quite sunk in yet but with more study, I am sure it will. I feel as though it will be the same story as land law last year, gently swimming against the tide of public opinion on my course and being given funny glances when I declare my enjoyment of the subject.

Well to conclude on what has actually become quite a long post, I say this. I care not whether I am thought of as peculiar or not, surely a love for the subject is what drives us to be barristers. What other job are you able to study and apply a subject that utterly fascinates you. Must go, the three certainties await.

A matter of £25 pounds.

2007-09-28T11:04:00.001-07:00

Victories when they come, no matter how small, are there to be savoured for all they are worth. Especially so if it happens to be your first in court defending a possession order. I was today once again volunteering at the court representing members of the public who find themselves staring eviction in the face. The fourth and final case of the day that I handled was the first where I have faced opposition to part of the judgment I was seeking.

The court will generally award a suspended possession order with the conditions that the monthly instalment is met plus a small amount extra towards the arrears. However what is a reasonable amount towards the arrears is sometimes contested, so it is up to the Judge to decide. Thus was the situation for my first actual contested application in court.

The bank was not prepared to accept any less than £50 than towards the arrears, which was, although affordable right at the top end that my clients budget would allow. I therefore informed the rep from the bank that I would be asking for the amount to be £25.

I was nervous and excited, and most importantly wanted to get the best outcome for my client. First the rep put his case, then it was my turn. The words flowed well, the points were clear, although I think I gave some ammo to my opponent when mentioning the three children. It is a fine line between getting the judge sympathetic, and not showing that it is unlikely that the client can afford the repayments. I waited with baited breath for the lines "I believe that £25 is a reasonable amount for repaying the arrears".

Obviously I was over the moon, and the client was very pleased. I see it as another small step towards reaching that goal we are all so frantically chasing. Till next time,
BoB

Home sweet Home

2007-09-16T03:15:00.000-07:00

Not much to blog about unfortunately, so just a quick one to show that I have not fallen off the face of the earth. Lots of new law to learn, all starting again in a weeks time, plus mooting, possibly debating, and more time at court volunteering. Hopefully there will be some time in there to relax lol.

Mini Pupillage (1)

2007-09-11T04:18:00.000-07:00

I last week completed a very enjoyable mini pup at a chambers in London. The location of the chambers is in one of the Temple Inns, both of which are absolutely beautiful.

My mini pupil master was very nice, and although busy was able to find lots for me to do, including shadowing other barristers from both the family and civil law teams. I can't comment on particulars but everything went very well, and I have realised that a career in civil/chancery would be where I would want to practice. This experience, along with the outdoor clerking, has been instrumental in making that decision.

I was told that my CV was impressive, especially the real life advocacy experience. I was also informed that everyone that I had shadowed had found me a pleasure to be with, and that I had made a very good impression.

To finish the week perfectly I was able to attend the cheese and wine evening on Friday, which was great fun and everyone from chambers was very friendly. I would certainly say that this will be a strong contender for one of my OLPAS choices.

Well back to uni very soon, with no rest for the wicked as volunteering this Saturday with the Housing charity, so more court time. Hope everyone else that has gone back or is going back is well, and that they have a successful year.

A date with Vicki Pollard.

2007-08-29T09:51:00.000-07:00

Today I had my first visit to a Youth Court. I was required to take a statement from a teenage girl whose friend had been charged with making intimidating phone calls to a witness in another case. The teenage girl in question has admitted that she did it, and that her friend was not involved.

I spoke with counsel and found out the dates and events I was to cover in the statement. I then had the pleasure to meet the girl. It was nice to see (I am not a snob by the way) that she had worn her best track suit for the day, and was already wearing a scowl with a Dagenham face lift (very tightly pulled back hair).

Within 20 minutes of statement taking in a small interview room, she was "too hot" and wanted to leave. I then asked her to stay in the waiting area as the Judge may call her at anytime. To this I got a dirty look and a sneer, and was totally ignored.

I followed her down and was asked "err why are you following me". I explained again that she had to stay in the waiting area and that she was here to help her friend, and that it wouldn't last much longer. Again filthy looks.

Her friend reappeared and I told her that she could not speak to her until after giving evidence. No more than 3 minutes later, I go down to find her, and she is stood talking and smoking with her friend. Reiteration of request, followed by a look that if it could have would have left a small pile of ash on the floor.

To cap off the day while giving evidence she uttered the immortal words "I ain't dun nuffin". To be honest she did do well in the witness stand, and she has been in foster care, so I can't be too harsh. I even got a thank you, plus the people skills learnt from the experience are priceless, so not that bad a day after all.

Any room at the Inn?

2007-08-28T06:21:00.001-07:00

After much contemplation, visiting, pondering, and generally asking every Barrister which he would one they would recommend, I have come to a decision about which Inn to join.

Although not the important choice it once was, there are some considerations that needed to be mulled over such as, size of membership, number of scholarships, advocacy courses, and other student services.

So taking this in to account, and the glowing recommendations I received from all those I asked, I have chosen..........

I think the fact that they interview everyone who applies for a scholarship, coupled with it having, I am told, an excellent advocacy program, was what swung it for me. Looking forward to my first dining night and meeting other members.

And the winner for best supporting actor is......

2007-08-25T12:05:00.000-07:00

We received a note from the jury while they were deciding the verdict in the sexual assault case that I am clerking. They asked if they could have the transcript of the video interview of the complainant. Obviously this was not allowed, so the Judge told them that if they said which part of the evidence they wanted to hear, he would read it out to them.

The evidence concerned the description given by the 11 year old girl of her attacker. The jury went out and Counsel went though the transcript and identified the pages. The jury called back in and the Judge then said,

"I will read to you the interview, and from my voice you should be able to recognise whether it is the police officer or the 11 year old girl speaking".

For a split second I had a vision of the judge putting on the high pitched voice of a small girl and let out an involuntary snigger. This was not the case but he did put some real feeling and drama in to his performance. He had obviously missed his true calling.

Unfortunately the client was found guilty by a majority of 10-2 so not a particularly happy ending for him. However I have been told by counsel to apply for a mini pupillage at her chambers, as she thinks that I would gain a lot from it. This is a top mixed criminal and civil law set with a heavy leaning towards human rights issues, so some good news for me.

Sadly next week will be my last with the solicitors firm as the following week is a mini pupillage, and then back to uni. Till my next post, thanks for reading.

An unfortunate attack of the giggles.

2007-08-23T11:48:00.000-07:00

As you may have seen in my previous blog I am currently clerking on a sexual assault case. The defendant is a Jamaican gentleman who has a very strong accent. This made his evidence in chief and cross examination rather difficult.

The unfortunate case of the giggles was brought on by the prosecution asking the defendant whether he has said "pussy clot" to the victim as she walked past. The prosecuting barrister is very well spoken, and probably says he lives in a "hice" rather than a house. Every time he said the word pussy a small snigger crept from the jury's direction.

According to the defendant this is a derogatory term used by Jamaicans to mean something akin to "idiot" and used in banter. The prosecution however were determined to get him to admit that he was using it as a slang for a vagina, repeating pussy is vagina over and over again. Cue even louder giggles.

To this the defendant replied "I would never use that word to refer to a woman's pom pom, that would be disrespectful". I think the mention of pom pom sent them over the edge. Of the 12 jurors all were laughing and a good few were either biting their fists trying not to, and others were actually crying. The court had to rise for a five minute break to compose itself.

Thankfully this morning the Judge was able to produce a slang dictionary to enlighten us what it meant. It is a derogatory term, so the defendant was right.

On a more somber note, I would like to echo the sentiments of others concerning the retirement of L2B/The Pupil from the world of blogging, but like all the others wish her the best of luck in pupillage and beyond.

In other news I have also chosen which Inn to join. More on that later.

When 9:30 actually means 12:30?!?!

2007-08-19T11:35:00.000-07:00

"Right BOB*, two pleas for you to deal with this morning. Should be simple, ones in custody and due in court at 9:30, and the other in the same court at 10". An easy £25 and extra experience thought I.

Ha, how wrong I was. I of course didn't factor in the trusty prison service and their own brand of time management. The client in question suffers from asthma and claustrophobia, so could not be transported in the usual prison van, commonly known as a "sweat box", so instead had to be brought by taxi to court.

You would expect the prison service to know this and have everything in place. Unfortunately they did not and the morning was spent with counsel and I repeatedly going up and down from the custody area to be told again that he had not arrived. This played havoc with trying to clerk the other case, but I managed.

It got to lunchtime and we then had to wait until 2 o'clock to go down and speak to the client who had finally arrived. However after all this ridiculousness the client did get a touch and only got a very small sentence considering the crime, and there is also the bonus of getting a full days money as well.

This weekend I moved my stuff into the house which will probably be my home for the next 2 years, and for the next two weeks I have a sexual assault trial to clerk, so that should be very interesting. Then the first week of September I have a mini pupillage with a chambers in London that specialises in Family and Landlord and Tenant/Housing/Land Law to look forward to.

* Some people have referred to me as BOB (Bar or Bust) so I thought I would try it out for size. If you want to leave a comment please feel free.

More to follow...

2007-08-14T11:07:00.000-07:00

After a disappointing week of absolutely no work last week I have the last day of a trial to clerk tomorrow and a PCMH on Thursday.

I have also been informed that there are trials available next week from Monday, so hopefully another interesting experience to follow. Watch this space.

Work Experience (2)

2007-08-09T05:47:00.000-07:00

Pro bono. We all know that it is something that we should get involved in, but I didn't really like the sound of the opportunities that the Law soc at my uni were involved in. Thankfully there is a separate volunteering society at the university which has a website with details of all volunteering opportunities.

While browsing I came across a charity looking for "Housing Repossession Representatives". The description said that it required people to represent home owners at the county court during repossession hearings. So this gave me an opportunity to not only do something that would help other people (and make me feel all warm and fuzzy inside), but also the chance to do real advocacy in front of a district Judge.

After going for an interview and being accepted I was initially asked to do some office work every week collating information on which local authority area each home owner was from, and which lender the mortgage was with. Fairly mundane but useful info for the charity and sharpened the research skills trying to find out with local authority was concerned.

About a month later I was able to go to the court and observe the other volunteers in conference with the clients, who your first contact with is on the day in most cases, and with the lenders solicitor. Usually an agreement can be reached which makes the hearings fairly straight forward, but sometimes this is not possible so it needs to be thrashed out in front of the Judge.

The next time at court I was there as the only volunteer with the solicitor who works with the charity. A lot of the cases I took the details and handed them over to the solicitor as they became a bit too complicated, but I was able to see two cases through to completion.

Both times I was able to come to an agreement with the lenders solicitor, but I still had to go in front of the Judge and explain the circumstances my clients had found themselves in and that they too believed this to be a fair solution. So nothing spectacular advocacy wise, but my first small step to actually representing people in real life legal situations. I am looking forward to my first case where I have to argue for the solution we want, although I am sure it will be extremely frightening and exhilarating in equal parts.

I hope to volunteer with the Free Representation Unit (FRU) in the future as well. The important thing is that I'm helping people as well as honing my skills and boosting the CV. Hope this has been helpful, and as always comments are much appreciated.

2-1 to the Courts.

2007-08-06T06:36:00.000-07:00

Firstly my apologies for not blogging for a while, I have been pretty busy. Not a great excuse but it's the only I have.

The heading of this post refers to the three clients I have recently been involved with (in a purely legal sense of course). The trial on which I clerked last week ended in a guilty verdict for the counts of ABH and GBH. The length of sentence will depend on the pre-sentencing report which is being prepared.

On Thursday morning I was asked to go to Snaresbrook Crown Court to meet a client who was being produced on warrant, because of a failure to turn up to court on a previous date. Other than this I had no idea whatsoever why he was at court. With the barrister also being involved in three other cases I had to go down to the cells alone, fill in the legal aid forms with the client, and take instructions.

It turned out that the client was here for breaching his 18 month probation order he had been given for assaulting his girlfriend, and possessing two cannabis plants. Having established this I asked him what his instructions were, obviously informing him that the judge could re-sentence him for the original offences, or give him another chance with probation. The client looked at me and said,

"Well to tell you the truth I'm sick of probation so I would rather get a couple of months imprisonment, come out half way through and have it over done with".

Obviously I was a little shocked as I personally would do all I could to avoid going to prison, but looking at this client's form, doing a bit of bird would by like water off a duck's back (no pun intended). I informed the barrister of this, he spoke to the client, and agreed. He ended up in real terms with a two and a half month sentence. So that was two people in as many days who I had shook hands with before they were whisked off by the prison van.

On the Friday however I had the pleasure of going back to Croydon to clerk for the rape defendant (see previous post), because the CPS have decided not to go for a re-trial. I have never seen a man look so different in the space of a week. After five minutes in court for the Judge to enter a verdict of not guilty, I was able to shake the hand of a man who after a year has his life back. I know that some people that read this will say what about the alleged victim, and when will she get her life back, but I truly believe that to have found this man guilty would have imprisoned an innocent man. Obviously I welcome any comments to discuss this.

Well there is all of last weeks legal shenanigans, this weekend I went and helped my girlfriend move in to the house which will be our home for the next two years of undergraduate study. I am waiting to see if I will be required for work this week.

I also intend to post about joining an Inn (or deciding which one), and I also have a mini-pupillage to look forward to in the first week of September. Lastly thanks to all of the people who have added me to their blog links, please have a read of their blogs, which can be found in my links.

Witnesses, God bless 'em!

2007-07-31T13:57:00.000-07:00

You explain to a witness that has flown all the way from another country "we don't want you to talk about her being violent, we are not running a self defence case. All we want to ask you is about her being clumsy and falling over when drunk" OK they say, no problems.

"How do you know the victim?"
"She's a nasty vicious woman who used to drink in my pub"
"Thank you Miss X I have no further questions"

This plus the defendant who became confused and tied up in knots by the prosecution does not bode well. At least, as the Barrister and I agreed, the defence could not have been run better, and as a plus point the defendant is confident, even if we are not.

Ah well, the verdict tomorrow (I won't be holding my breath, for one thing I'd be dead in the morning if I did that!).

How many people does it take to work a court tape player?

2007-07-30T15:33:00.000-07:00

Although the title of this post may lead you to believe that I have decided to take up a career in legal comedy, alas this is not the case. It relates to a situation that I encountered today that, if it had not been so farcical, would have made me weep with frustration.

I have been lucky enough to be asked to clerk another trial, concerning two counts of assault occasioning ABH. Our client's ex girlfriend is accusing him of beating her up at home, and then a couple of months later breaking her leg in a fight in a pub. We are saying that she was very drunk both times (which she was) and that it was an accident. The verdict later.

The incident described above arose because the victim said during cross examination something she shouldn't have, which was extremely prejudicial to the case. Unfortunately when it came to the application to dismiss the jury, the judge wanted to know the exact words used. The solicitor that was there in the morning (I started at lunch) had not written it down, and neither had either Counsel. Thus began an hour's search on the tape for the exact words.

Picture if you will, a small, bald old man, who was a little bit deaf, operating the recording equipment. He was obviously very good at doing the normal bit of the job, such as putting in the new tape, pressing play, and noting down the start and end times of each round of questioning. But ask him to do something a little bit different, such as rewind to a specific spot and it play it back, he became a little flummoxed. This was regardless of the fact that the instructions to achieve such a feat were clearly written on the top of the recorder. He couldn't make it play, and he had 2 barristers, an usher, and a clerk (me) telling him to go forward, and back a bit, and all of this he did in the slowest possible way. He was saved from disaster twice when he almost pushed the record button, which would have lost the entire recording. Thankfully the usher took over and it was found in about five minutes.

After all this effort it was understandably a bit disappointing the application was dismissed, but there we go. With the defendants boozy fan club sat at the back of the court, I'm sure that this wont be the last incident I have to tell from this case.

So in answer to the question in the title it takes 1 outdoor clerk, 1 usher, 2 barristers, and a slightly bemused looking old man.

Only a short one (just like me).

2007-07-28T11:21:00.000-07:00

I don't really have time (due to the imminent arrival of a curry), or anything really of note to publish this weekend so this is only a very short note. I will say however that my diligent note taking was obviously of the required standard as I have been asked to clerk another trial starting Monday. Excellent experience and five full days work so Kerrching!!!

Just one quick question though, nothing to do with Law. I like curry, but why is it that curry, or any food for that matter, tastes better when it's free (my parents are paying)?

Work Experience (1)

2007-07-26T05:57:00.000-07:00

As promised I will discuss my job as an outdoor clerk. It is one of those things that is always listed as uesful work experience, but when asking careers advisers exactly what it is and how to go about getting it, a blank expression usually crosses their face.

Outdoor clerking is extremely useful, in my opinion, because:

1) You get to meet Barristers every day, thus increasing opportunities to network;

2) You are actually involved in real cases, doing real legal work (see last post);

3) And possibly most important of all it is paid.

The best way to go about securing a place as a clerk is to Google "outdoor clerking in (insert area), or to send in a letter and CV to local firms that deal with criminal law. I was lucky enough to find a company which were advertising on the net so that made it a lot easier.

The main duties of a clerk are to take the file to court, provide the barrister with any documents they require, take notes in conferences with the clients (some of which may be in the cells), and take a note of the proceedings in court (which can be quite difficult if you are trying to get down everything said during the examination of a witness).

The work is freelance so you tend to not know if you are working from week to week, sometimes it can be the afternoon before. In the beginning you will probably be asked to attend mentions, PCMH's, and bail applications. When you have proved you can handle these smaller jobs you will be asked to clerk for trials (my first is the subject of the previous posts). As well as the other benefits, it also gives you a really good idea of the work a criminal barrister takes on, and shows you everything that you learnt in English Legal Process in action.

Finally, lets get down to brass tacks. I currently earn £25 for a half day, and £45 for a full day. Although it is not the most fantastically re numerated of jobs, the experience it provides far outweighs the fact that it doesn't pay too well.

I hope that this has helped you get a better idea of what clerking is all about, and inspired you to start writing those CV's.

The Verdict (or maybe not) ?

2007-07-25T10:31:00.000-07:00

As promised I will announce the verdict of the trial I have been clerking. It was..........a hung Jury. The jury could not come to a unanimous or majority decision so they were discharged, and it is now in the hands of the CPS whether or not they wish to try the defendant again. We will know soon.

I also remember saying that I would use this post to write about the whole outdoor clerking thingamabob, but after having retired to the nearest pub at lunch with Counsel for a few well earned cold ones, I'm not really in the mood to do it justice. I promise that I will cover it in my next post.

A future in the hands 12 of people.

2007-07-24T12:33:00.000-07:00

You may realise that the heading refers to a jury, and how a persons whole future may rest in their hands. Such is the situation facing the client on whose case I have been outdoor clerking this past week.

As some of you may have read in my introduction I am working as an outdoor clerk during my summer holiday before returning as a second year. I will be posting more about outdoor clerking later.

The trial started last Monday and was due to finish today with the jury giving its verdict. Unfortunately this has not happened and the jury have spent nearly seven hours deliberating already.

The case concerns consent, and whether or not the complainant gave it. At no time has the defendant denied having sex with the girl, and maintains that she asked him for sex. However the complainant had been out drinking previously to the incident, and had been taken to hospital after being punched. The defendant was working as a security guard at the hospital and was asked by the complainant to walk with her to the cash point to get some money as she did not know where the ATM was, and it was very late at night/early in the morning. Add to this the fact that she had been crying for most of the night in A+E and that CCTV shows her account of the events to be incorrect at important moments, you begin to understand what a difficult case this is for a jury to really decide what really happened.

This is the first time I have been involved so closely with a case and it is very difficult trying to answer the questions of the defendant on how it is going, because it really could go either way. I have been very lucky to have an excellent Barrister with me who has been really involving me in the case rather than just using me as a cheaply paid note taker (although taking a record of all the evidence of witnesses is a big part of the job. My poor wrist).

I hope to be able to post the verdict tomorrow so watch this space. I may use it as a lead in to my piece on clerking. I am still getting the hang of this so please bear with me.

Introduction and apologies!

2007-07-19T13:44:00.000-07:00

This blog, journal, online ramblings, or whatever you wish to call it, is one in a long line of many many many such sites of the same ilk concerned with the subject of pursuing a career in Law, and more specifically a career at the Bar.

If you have reached this far without dashing for the nearest button on your browser then I thank you most sincerely, and give yourself a hearty slap on the back from me.

The purpose of this blog is to chart my progression from a just finished first year Law student through to hopefully, and despite the horror stories that abound, achieving a tenancy at a chambers. You will share the dizzy heights (possibly but maybe more like passing moments of vertigo) and the oh so heart wrenching lows that may inevitably break my spirit and leave me a trembling, sniveling wreck.

As a means of introduction I will set out my life thus far…….

After leaving school with a clutch of fairly respectable GCSE results I joined the Army. Following a not totally horrible trip to Iraq, and a couple of years studying with the Open University, I decided that the Army was not the career for me and decided that I wanted to become a lawyer of some description.

After securing unconditional offers to two top 20 universities, I participated in a week’s mini pupillage and a week with a firm of high street solicitors. This quickly led to the conclusion that being a solicitor was not for me. I enjoy public speaking, and did not relish the idea of spending most of my time preparing a case to hand it over just when it gets interesting!

Since my first year I have completed another week’s mini pupillage, represented home owners in front of the district judge in repossession hearings, and attained 3 marks of 65% and one of 68% in my exams. I also reached the quarter finals of the university mooting competition, and was an active member of the union council. During the summer I am working for firm of criminal solicitors as an outdoor clerk, and am currently in the middle of a seven day rape trial on which more later (but obviously not exact details).

The reason I list this is not to brag, but to hopefully impress on anyone contemplating a Law degree and future at the Bar, that getting the required experience is something that needs to be thought about and started as soon as you decide that the Bar is for you. It is also wise to remember that your applications in your second year will need to list your first year results, so despite what you may be told, that first year does count.

My thanks to those that have persevered to the end, and I look forward to any comments.