BSB approves barrister apprenticeships for school leavers

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By Legal Cheek on

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Regulator endorses framework for new pathway to the bar

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The introduction of the first barrister apprenticeships has taken a major step forward with the bar regulator’s approval of a new framework.

The Barrister Apprenticeship Standard, developed in conjunction with the Institute for Apprenticeships and Technical Education (IFATE), establishes the framework for a barrister apprenticeship route to qualification.

The new route will operate alongside the existing three pathways, with the Bar Standards Board (BSB) setting and overseeing the requirements for both apprentices and training providers. This ensures consistent standards are maintained across all four qualification routes, the regulator said.

The current pathways to qualification include the three-step route, which involves completing a degree, a bar course, and a pupillage, as well as the four-step route, which follows a similar structure but splits the bar course into two parts. A third option combines the academic and vocational components, allowing aspiring barrister to complete them together before progressing to pupillage.

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Rupika Madhura, director of regulatory standards at the BSB, said:

“The Barrister Apprenticeship Standard is the result of many months of hard work in conjunction with the Barrister Apprentice Trailblazer Group and IfATE. It is heavily based on the Professional Statement, which sets out the knowledge, skills and attributes expected of all barristers on day one of practice. It is very important in the public interest that no matter what route an individual takes to qualification as a barrister, the outcome is the same — a barrister who has received high-quality training to become competent in all the areas set out in the Professional Statement to at least the threshold standard.”

The concept of introducing apprenticeships to the bar has been discussed for several years. In 2021, lawyer Michaela Hardwick described the pathway as a “viable option” but emphasised that overcoming existing barriers would require collaboration between the bar, the regulator and training providers.

By contrast, solicitor apprenticeships, introduced in 2016, have gained increasing popularity among City firms. However, their future faces uncertainty, as the Labour government has recently announced plans to cut support for certain Level 7 apprenticeships, though it remains unclear which ones will be affected.

This has raised concerns among law firms and training providers, who warn that the cuts could greatly limit access to the legal profession for students unable to pursue alternative pathways.

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12 Comments

Wigmore

Actually quite a good move and will open up the Bar to more people who are put off by the costs of qualifying on the traditional route. However, the BSB and all involved are going to have to watch apprentices like a hawk and ensure that the standard achieved on receipt of full rights of audience is the same. Otherwise, we run the risk of a two-tier Bar system which is not good for anyone. I do think however that learning certain types of academic material ‘on the job’ is far far better. I remember trying to learn Civil Procedure as a block of academic learning being a nightmare. Come pupillage, and seeing how it works in practise, made it far easier and you grasped the material much better.

Senior Junior

Same with the law of evidence. When you see how it should work in practice, it makes sense. Well, more sense.

Sarah

The majority of these schemes are pulling in their own privileged people. Inclusion if tokenism. The elite children of well educated predominantly of indian and chinese and nigerian ethnicity ensure the diversity box is ticked. This one size fits all ethic box is not social mobility
These are not kids on free school meals living in areas of low attainment.

Rumpole

Not entirely sure how this would work in practice. Obviously for a solicitor apprentice, they can be stuck in the back of the office away from clients for the first few years while they learn the ropes (and the law). For a barrister apprentice, there is no such opportunity for that safe distance.

Chambers are generally smaller than most solicitors’ firms. Which chambers are going to be enticed into altering their tried and tested pupillage system (which only takes a year, and has no inherent long term commitment after that) for a more expensive, slower, riskier strategy of training barristers from school? I can’t imagine small chambers would want to afford it. I can’t imagine larger chambers would be willing to ditch their pupillage scheme for it.

Some insight would be appreciated.

Legal apprenticeship fan

The main issue at play is that an incoming barrister coming into the traditional route will need to get their degree (likely unfunded) before taking the bar course, and possibly self-finance through that – likely total cost >£50k minimum. This is unachievable for many, so that route remains prohibitive. This is an *additional* route, allowing candidates to work and earn through the law degree and the bar course – likely emerging loan-free – the career becomes achievable. For the bar, this opens up a whole new talent pool. For society, equity increases. City Century is currently rocking this for solicitor apprentices if you need an exemplar.
We’ll see.
Trust that helps.

She Who Must Not Be Named

I’m not sure that answers the question, Legal apprenticeship fan. I can’t think of a single Chambers (and I’m at a big one) that would have capacity for a school-leaver to sit in the back and observe for a number of years, or the will to herd self-employed barristers into providing training to an 18 year old, or even enough people around from which to learn over such a long period of time. Self-finance of a legal education is, as you know, achievable for anyone on government loans for university and Inn scholarships for the bar course. I didn’t pay a penny for my education upfront, nor did my parents. I was racked with debt thereafter but have paid it off over time, acknowledging that my overall productivity has benefited as a result of the education I received. Can you explain why that traditional route is unachievable for many, and possibly answer Rumpole’s point as to what benefit a Chambers would get from hiring an 18 year old school leaver for (I’m guessing) 3 or 4 years of training before they become even remotely productive (the benefit of which is not circulated back around Chambers)?

Rumpole

Precisely this, thank you for explaining so eloquently.

If the argument is simply that this enables a larger pool of talent to apply for pupillage/apprenticeships… why is that necessarily a good thing?! There are already far too many strong candidates for too few pupillages. Increasing the size of the candidate pool whilst simultaneously increasing the cost of training will only worsen matters.

In two months time I don’t think there will be a single head of pupillage in the land who is disappointed at their applicants and wishes there were more applications from people with even less experience.

Graeme Harrison

That doesn’t help at all. Who at the independent bar is going to fund an apprenticeship from their own pocket when they won’t be able to bill for any work the apprentice does? The BSB requires barristers in independent practice to do the work they’re instructed to do themselves. They can’t subcontract it to an apprentice.

Dicky Dick

Wouldn’t this step erode the overall quality of the bar? It’s uncertain how this would work in practice because you’re supposed to be self-employed so who will give you work / pay your salary during the apprenticeship?

A jaundiced barrister

This seems a really bad idea. More young people will be “locked” into a career before it has even started with frankly very little prospects of making a living when they qualify.

There is certainly room to bring people into the Bar after they have had a career in something else, even if they don’t have legal qualifications or university backgrounds. Genuine commercial experience and life experience dealing with people and interpersonal conflict is all valuable at the Bar however gained.

But school leavers don’t have a hope. If you are competing with candidates with undergraduate and postgraduate qualifications, the most brilliant school leaver will still lose. And they will have no unique career experience to offer in compensation.

In any case, the future of the junior Bar is unfortunately two tiers. An increasingly wealthy and hyperspecialist civil profession in London on one hand, and increasingly precarious and overworked “rest”. Perhaps they will fit in after all…

Again, yo

This reminds me of the schemes to pay for Black students to undertake the BPTC (sponsored by people who would have no difficulty dropping the £18k fees on a family holiday, so what’s the cost of a scholarship?).

The issue isn’t getting people on a course to study civil procedure, ethics and advocacy. The BPTC does not equal ‘barrister’.

The real issue is that minorities, people who grew up in care and applicants who aren’t Upper Middle Class/privately educated are much less likely to be picked at the pupillage stage.

People want to train people like them. What a surprise.

Barry Stir

Let’s look back a few decades shall we?

There are still many barristers called in the 1970s who didn’t go to university.

This is not new. The quality is there and always has been.

I knew when I was 14 that I wanted to be a barrister (as a result of going to the Crown Court during work experience).

University was a (expensive) means to an end for me.

I would have taken this route had it been open to me.

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