Benchmark revisited part 1

Whenever in the law you acquire a new status there is always a period of bedding in while you get used to it. It is most unlikely that you would expect someone to go from one position to a radically different one without there being a need for an adjustment. An apt comparison is possibly Melanie Griffith in the film Working Girl, where having graduated from being a personal assistant to being the boss, when her assistant said "coffee? " her first reaction was to treat it as an order rather than a question, and rather than have the assistant prepare coffee for her was instinctively going to make the coffee for the assistant.

Most pupils find the easiest transition that to being a pupil. You will usually have been in Chambers before. Your status then will be as occasional visitor or mini pupil. The maximum period of time you will have been there, as someone who is not a pupil, is likely to be a fortnight. Once you are a pupil you are going to be there for six months. In addition, once you are a pupil, then you are being seriously considered. There is both a time investment and financial investment in a pupil which is obviously lacking in someone visiting temporarily. Although it is not like being a full member of Chambers, you will still find that you are treated as part of a team. Most new pupils can find that a little odd at first. They are obviously not members, but to some extent they are an insider.

The next subtle shift is when you are a pupil outside your first six months. This can be because you are continuing in your existing Chambers and you are now "on your feet" and able to undertake cases. (You are only able to do this after you have completed six months pupillage). Or you might have completed six months in one chambers and be doing your second six in another. You might also be undertaking a "third six" or shorter pupillage. The only requirement is for 12 months pupillage, but sometimes if you are looking for a place elsewhere they will want you to undertake a provisional period before you will be accepted. (Perhaps you decided to move from where you were because you either didn't like the work or the geographical location or something about the Chambers, or perhaps you wanted to stay there but they were unwilling to keep you - that does not necessarily mean that they did not rate you as good enough but sometimes either the work situation or the position in Chambers can mean that people who would otherwise have been kept on are released. They also may think you are sufficiently able but would be more suited to a different type of work, so for example they may think you are not cut out to be a Chancery barrister but would be very good at different sorts of legal advocacy. They may also think that you are good enough to make it at the Bar but perhaps not at the level that Chambers would expect. An analogy can be drawn with football. Robbie Savage, who played for some time at Premier league level, had been a trainee at Manchester United. Sir Alex Ferguson apparently took him to one side and told him he would not make it at United, but should go elsewhere and would make it at another Premiership club. Of course sometimes people are released because they are thought not to be quite good enough and later events prove that assessment wrong. David Platt was released as a football trainee from Manchester United and years later they were apparently interested in buying his contract for millions of pounds, and some of the most distinguished lawyers and judges found a place in Chambers having been rejected by their original choice or a place where they did pupillage.) Once you are on your feet you are still of course not a member of Chambers. However at least you are actually doing court work. Whether you are having coffee with members, or lunch, or just a chat, however insignificant your cases may appear compared to theirs you are at least doing cases. Every barrister remembers their first case. (for my first trial see My First Trial posted on 22/11/06.). They will obviously have moved on to grander things, but once you are doing cases yourself, however insignificantly and however briefly, you are part of the community of advocates.