Emily Balls
Please describe your journey up until pupillage
I studied law at Durham University. Throughout these years, I completed mini pupillages at various chambers with a range of practice areas. I also undertook a Vacation Scheme at Express to obtain an insight into the solicitor side of personal injury work. Whilst I was at university, the COVID pandemic hit. This made getting experience much harder as most chambers stopped offering mini pupillages. However, the public galleries at Crown Courts remained open and so, I used to go and watch Crown Court trials and hearings, observing different barristers and judges. As a result of this, I was offered marshalling with a Crown Court judge in Cambridge. Subsequently, I secured marshalling at the County Court in Cambridge. Through my performance in various mooting and mock trial competitions, I was chosen to represent Durham in a mock trial against Oxford University in front of a High Court Judge. My performance led me to be invited to marshal at the Royal Courts of Justice which involved attending Court throughout the summer and assisting the High Court Judge with his cases. I was further able to marshal in the Court of Protection in London for a day which was very insightful.
I completed the BPC at BPP University in London, for which I received the Cunningham Scholarship through Middle Temple to fund my Bar Course. I applied for pupillage during the BPC without success and I considered this to be due to my lack of court advocacy experience at this point. After passing the Bar, I worked in London as a County Court Advocate for Quest for a few months before moving to Manchester to work as an Advocate at Express. I was attracted to the Advocate role at Express as it was employed, and I wanted to be able to work alongside a team and to learn from other peoples’ expertise and experience. I applied for pupillage in the next round and was offered an interview and then subsequently pupillage at Express. I know the experience I gained as an Advocate was instrumental in obtaining pupillage interviews and ultimately an offer of pupillage.
Please describe your pupillage experience
The depth of personal injury work at Express and the exposure to it as a pupil barrister was enticing. I was also attracted to the idea of being on my feet in my first six as well as having a team to provide support and encouragement.
In my first six I shadowed barristers as well as conducting hearings as a solicitor’s clerk. These cases usually consisted of Infant Approval Hearings, Application Hearings, Case Management Conferences and Directions or Allocation hearings. This element of pupillage stands out from many other providers as it allows pupils the opportunity to undertake their own hearings from day one. I found this to be really useful as my week was split between shadowing Barristers and undertaking my own hearings. This allowed me to build up my confidence in court, understand what was needed of me in terms of preparation and submissions and ultimately prepared me very well for my second six.
During my second six, I undertook more complex interlocutory hearings, CCMCs, Fast Track trials and detailed and summary assessments of costs (amongst other things!). Throughout my pupillage I also undertook drafting work which consisted of Statements of Case as well as advice on both prospects and quantum. Completing these throughout pupillage enabled me to develop skills of assessing papers swiftly, quantifying cases and considering the recoverability of special damages.
I received excellent supervision throughout pupillage and equally now as a Barrister. This consists of diarised meetings with my supervisor to discuss my caseload, and any concerns I might have. However, Express operates a very open-door policy so I was encouraged to contact my supervisor or any of the other barristers with any queries or concerns as and when they arose. We also had various official pupillage review meetings where we would discuss which hearings I had shadowed or attended and if there was anything I felt I needed more exposure or experience in.
The transition from pupil to employed barrister
The transition from pupil to employed barrister was seamless. The main differences were the title, the pay rise and the ability to stand on my own two feet.
The best thing about Express’ pupillage programme is that it is very well catered to prepare you to work as a barrister. By the time September came, I felt ready to conduct hearings as a barrister in my own right. As I had been conducting hearings throughout the 12 months of pupillage with a gradual increase in complexity, value of cases and length of hearing, it felt natural to continue doing so after qualifying.
In terms of supervision, my pupil supervisor still acts as my supervisor as and when I require his assistance. Whilst, the framework of pupillage is no longer in place, I still have regular calls with my supervisor to discuss any problematic or complex hearings and to have general chats about how I’m doing or for any advice.
What is your practice like now?
Typically, I am in court most of the week with some remote hearings via MS teams and CVP or by telephone and some in person. Currently, I undertake 1-2 Fast Track trials a week accompanied by various other hearings such as Stage 3 hearings, disposals, costs hearings or application hearings.
I also undertake drafting work, typically completing 1-2 pieces of advice per week, usually on quantum or prospects. As we are employed within the firm, I will often be asked to advise on a case early on in the litigation as to whether the solicitors should explore settlement or progress the case to trial. I commonly deliver this advice via a conference with the instructing solicitor and/or the client.
In terms of work/life balance, as a barrister there is sometimes no escaping doing work in the evenings or early mornings. However, our dedicated clerking team try to minimise this risk and ensure everyone has time to complete their tasks without working beyond our set hours. There is also the opportunity to claim back time off in lieu if you have had to work far beyond your contracted hours.
What is the culture of the firm?
Our firm’s culture is unlike any others that I know of. We are a very close-knit team who support each other through everything. Whenever I have an issue with a case or something I haven’t dealt with before, there is always someone free to have a chat and go through it with me. Similarly, all successes are celebrated, and we have a very active group chat where we all receive support, encouragement and congratulations for good results. We have regular team meetings where everyone in the Advocacy Department (all clerks, advocates, pupils and Barristers) come together to discuss any updates, important case results and discuss how we are all doing.
The special feature of working as an employed barrister within a law firm is that we always have an open line of communication with our instructing fee earners. This means in a practical sense if you have a query or suggestion or need to clarify instructions, this can be actioned by simply sending a Teams message, an email or picking up the phone.
As we are employed by a law firm, we regularly attend the big Express office in Manchester. This allows everyone the chance to catch up and assist each other on an informal basis. There are various events and talks that take place at the office which we can also attend.
As a team we also have a very fun social calendar — this past year this has consisted of pupil welcome lunch, bowling, darts, attending the races, a summer party, Christmas parties (one team party, one whole firm party) and drinks evenings.
Top tips for those wanting to become a barrister/secure a pupillage at your firm
• Get as much experience as you can — whether that be mini pupillages, marshalling, mooting competitions, vacation schemes or working as an advocate. The more oral advocacy, the better.
• Leave yourself enough time for applications — check them and read through them very carefully.
• Prepare well for your interview — re-read your application, look into any areas of law you have mentioned and be ready to speak about your experiences.
• Understand the benefits and lifestyle of the employed bar and decide if that’s what will suit you.
