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“Barristers’ Chambers And change”
Barristers with a good reputation and with some portable business can now choose a set, which they consider, would provide them with the best platform for their areas of work.


By Anil Shah (Managing Director - LPA Legal Recruitment)

I have been recruiting at the Bar for the last 3 years, which is something that mainstream legal recruiters tend not to do. My experiences show that there are ongoing issues facing the Bar as the profession braces itself for change over xecutives who can devote the time to running the business in a way that no committee of busy practitioners could without it affecting their practices. For many chambers, growing has been an important factor in retaining their position in the rankings. Many people feel that the commercial Bar especially will consist of fewer but larger sets in the future. My involvement in helping chambers to grow is only part of the work undertaken involving barristers.

Migration:- Migration occurs to and from the Bar for different reasons. Junior barristers who have completed pupillage are finding that tenancies are hard to come by, with the number of applicants far outstripping available places. In general, Chambers retain fewer pupils for tenancy than law firms retain trainees upon qualification; although the gap between chambers and law firms has narrowed in recent years, largely because of the difficulties law firms have in paying a newly qualified solicitor £50,000 in a tough economic market. Nevertheless, the rate of attrition is higher at the Bar at the junior end than in law firms. A pupil from a ‘magic circle’ set of chambers may, if not offered a tenancy, prefer to join an international law firm than to a second tier Set of Chambers and there are a number of City law firms with strong and rated commercial litigation departments which recruit junior lawyers directly from the Bar.

At the 6/7 year call level it far is less common for barristers to migrate to law firms. If they are doing well in one of the leading or mid-sized commercial sets, they would need to have identified a very specific advantage in order to make the move, risk diluting their earnings and adapting to the pressure of working in a law firm where the emphasis is very much on target hours and billings etc. A 6/7 year call barrister who is doing well in a commercial set in London is likely to be earning more than an equivalent solicitor in a magic circle firm. They would also lose their independence by going to a law firm. In some cases, however, barristers are only too happy to relinquish their independence in exchange for security and being part of a larger team. Being part of a large international network (something some law firms can offer) can produce a steady stream of work, which would be more difficult to obtain in chambers.

There is also, however, a trend for solicitors leaving law firms for the Bar and this is due in part to a desire for greater independence and to return to an environment where lawyering ability is at the fore. The potential of ‘solicitor advocates’ in law firms has not yet had the impact some predicted it would since law firms still use counsel in chambers for the majority of their advocacy work. As the Bar continues to modernise it can be an easier transition now from a law firm to a set of chambers. Many sets now have a modern and effective infrastructure similar to that of modern law firms.

Sets increasingly look at the option of bringing in outsiders from other professions and backgrounds (eg. management, marketing, accountancy) as an alternative to the traditional Senior Clerking function. These individuals bring commercial expertise that is still lacking in many sets today. They are involved in business and strategic planning for their set and will implement any changes required to achieve their business objectives.

The Bar is contracting and the volume of litigation work from law firms is on a declining trend. Clients increasingly look to other methods of dispute resolution including ADR and Arbitration. The larger Anglo-Saxon law firms and US law firms are focusing their contentious practice areas around ADR and International Arbitration and there is therefore less litigation. As the legal market contracts in such areas, a number of sets with a clear strategy are looking at alternatives to their usual sources of work. Offshore is a growth area with the recent enactment of the proceeds of crime act and money laundering and asset tracing becoming big business. As this new breed of ‘senior clerk’ brings new ideas and methodologies to chambers, there is an emphasis now at the larger sets to cross-sell services to their clients.

 

In other words, a culture of sharing is fostered in order to make sure that chambers is aware of, and pitches for every bit of appropriate work a law firm might have. Attracting more work means chambers often need to recruit additional members.

Barristers with a good reputation and with some portable business can now choose a set, which they consider, would provide them with the best platform for their areas of work. Chambers still rely largely on the traditional methods of recruiting new tenants including advertising in legal journals and by word of mouth or direct approaches. Progressive sets who have embarked on a new strategy increasingly look to recruitment experts to source strategic new hires. Candidates moving from one chamber to another have not typically gone through a recruiter in the past.

Unlike their solicitor counterparts, therefore, they do not have an intermediary to handle the recruitment process for them and to advise on preparing appropriate CVs, coaching their interview technique, maintaining confidentiality at all times and briefing them about the market generally and also on specific opportunities. Equally, many sets do not have a coherent recruitment strategy. This lack of structure can cause delays and confusion. Ultimately it can result in a failure to attract the best talent available.

The number of chambers now turning to a recruiter signals to me that many barristers realise how important it will be to attract the best available talent and that they cannot afford to fail if they are to protect their business in the future.


Anil Shah
Managing Director
LPA Legal Recruitment

Direct: 020 7269 6804
Fax: 020 7831 1001
Email: anil.shah@the-LPA.co.uk

LPA Legal Recruitment, 7 Gray’s Inn Square, London, WC1R 5AZ
www.the-LPA.co.uk

 

 

   
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