Life at the Employed Bar report February 2023
The Life at the Employed Bar February 2023 report analyses data on the demographics and working lives of employed barristers in England and Wales, as well as describing their experiences of working in employed settings through a series of focus group discussions.
Starting at the Bar: your essential guide (2023)
Written by the The Bar Council’s Young Barristers' Committee (YBC) , this guide offers answers to your questions and signposts to a vast array of resources.
The Bar Council Employed Bar Awards 2024
Designed by the Bar to showcase the wealth of talent amongst employed barristers
The Life at the Employed Bar report sets out nine key recommendations for the Bar Council to lead on:
1. Better data collection.
The Bar Council should work more closely with the employed Bar and its key stakeholders to increase participation in surveys, including the main Bar Council biennial survey ‘Barristers’ Working Lives', thereby ensuring data on the employed Bar is accurate and that the experience of the employed Bar is captured. This will support the development of appropriate policy support and services.
2. Greater visibility.
The Bar Council should ensure that relevant information about and for the employed Bar is prominent and easily accessible on the Bar Council’s website and related media. It should also continue to promote the achievements of the employed Bar, including through the Employed Bar Awards.
3. Promoting careers at the employed Bar.
The advantages (e.g. secure income, flexible working/work-life balance and quality/type of work) of life at the employed Bar, as well as the differences between working at the employed and self-employed Bar, should be clearly articulated in Bar Council careers literature. This will enable Bar students to better appreciate and understand career opportunities and law covered by the employed Bar.
4. Tackling bullying & harassment.
The Bar Council’s policy efforts on tackling bullying and harassment should also include a focus on the employed Bar. This includes promotion of the Talk to Spot reporting platform, which enables the Bar Council to track and monitor incidents in order to identify appropriate interventions. In particular, the Bar Council should work with the Crown Prosecution Service and Government Legal Department, as well as law firms, to encourage and support culture change programmes and initiatives to tackle bullying and harassment.
5. Creating communities of employed barristers.
In addition to reviewing the existing Employed Bar Engagement Network on LinkedIn, the Bar Council should also work with the Circuits and Inns of Court to help develop opportunities for employed barristers to network and support each other across England and Wales.
6. Defining seniority.
King’s Counsel (taking Silk) as a signifier of seniority is less applicable at the employed Bar. The Bar Council should work with representatives of the employed Bar to identify and promote equivalence.
7. Supporting career progression.
The Bar Council should work with representatives of the employed Bar to identify support required by employed barristers (e.g. mentoring) to help them progress in their organisations.
8. Increasing judicial appointments.
There is an appetite for a greater number of judicial appointments at the employed Bar. The Bar Council should work with the Judicial Appointments Commission (JAC) and others to: (i) remove barriers to judicial appointment; and (ii) promote and support judicial applications to employed barristers.
9. Communicating the unique skill sets of employed barristers.
The Bar Council should actively promote the skills of barristers and the unique role they play both in employed and self-employed practice to key stakeholders and employers across England and Wales.
The Employed Barristers’ Committee is the voice of the employed Bar. Employed barristers work across a plethora of organisations – the Government Legal Department, banks and corporations, law firms, local authorities, and the military. All of them remain independent but accept their instructions from and provide legal services solely to their employer. The members of the Employed Barristers’ Committee are working to represent and promote the interests of the employed Bar, on everything from career development opportunities and building their practice to ensuring a diverse and dynamic profession. They are advocates and ambassadors for One Bar, and the belief that barristers standing together achieve more than they would apart.
The BSB Handbook defines an employed barrister as a barrister employed in either an authorised non-BSB body, a BSB authorised body or a non-authorised body “who supplies legal services as a barrister in the course of his employment.” In all cases the definition encompasses both those who are employed under a contract of employment and those employed “under a written contract for services which is for a determinate period (subject to any provision for earlier termination on notice)”. In other words, a barrister may become an ’employed barrister’ for the purpose of the Rules even if not employed under a permanent contract of employment.
All barristers, whether employed or self-employed, are subject to the Core Duties under the BSB Handbook and the Conduct Rules set out at rC1-rC72, except where stated otherwise.The employed Bar offers an opportunity to train in specialist areas of law, as well as increased financial security and a broader range of employee benefits (including paid leave) and protections. In 2018, generally speaking, employers are much more flexible than they have ever been, and most should be supportive of your professional development to accommodate your plans with this.
Their work will vary greatly depending on their employer. Employers of barristers include the Crown Prosecution Service, the Government Legal Department, the Armed Forces, local government, regulatory bodies (regulators such as the Nursing and Midwifery Council) and private companies (such as banks).
It is possible to move between the self-employed and employed Bar - an effective way of 'trying out' employed or self-employed practice is through secondments (short term placements with employers or chambers).
For many who are nearing completion of pupillage and facing the decision over tenancy applications, a career at the employed Bar is certainly an option.
Due to a recent change in policy, it is now possible for all employed barristers to undertake pro bono work through Advocate or FRU.
Barristers who supply part time or voluntary legal services at a Legal Advice Centre (for definitions, see the BSB Handbook definitions section) are treated for the purpose of the Handbook as though they are employed by the Centre, and may be paid a salary for doing so. If they are self-employed, they do not need to apply for a dual practising certificate. The Handbook provisions are at rS41-42 and gS9-11.
Barristers who are paid to work at a Legal Advice Centre do, however, need to have a relevant practising certificate in place. They may not receive fees directly (or indirectly) from clients, and may not hold a financial interest in the Centre.All barristers, employed and self-employed, are able to provide free legal advice to friends, relatives or charitable institutions. Free services of this sort do not constitute legal services for the purposes of the BSB Handbook (see definition 124 in the Handbook).
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