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.
