The Supervisors’ Views
Colm Nugent
I became a pupil supervisor in 2003, after completing my mini 'teacher-training' course and receiving a frighteningly large number of pieces of paper suggesting how I discharge my duties.
I was called in 1992 but memories of my own pupillage are still fresh. I tried to recall from that experience what I found useful and what I found particularly irritating. I knew before undertaking my pupil supervisor training that Hardwicke took its treatment of pupils and pupillage generally, very seriously. Pupils are most certainly not simply there to make the tea, do lots of photocopying and work late into the night on their pupil supervisors’ briefs that are getting a bit past their sell-by date. There is hard work, but the emphasis is on providing real training.
Personally, I avoid the use of the phrase 'pupil' when introducing my pupil to a client. They don't understand the phrase and it sounds, I suspect, rather archaic to those not familiar with the Bar. Clients are more comfortable with the self-explanatory 'trainee barrister'. So it was pleasing to know that we in Hardwicke, spurred on by our Pupillage Committee, were willing to break with old notions and bring a modern realism to what pupillage means.
As a pupil supervisor, I have found that the following are truisms:
Make your pupil feel as though they are part of your practice, rather than simply an appendage to it.
Your pupil doesn't know how to do the job. That's why they are a pupil. It's not big or clever to tear their work to shreds.
If you can't explain to your pupil why you've taken a certain course in the case you're preparing, it's probably not a good idea to take that course at all.
There is a fine and indistinct line between a pupil shrinking into the background, and being annoyingly unobtrusive. It is up to the pupil supervisor to help the pupil tread that line.
Client/people skills and a large measure of common sense will more than make up for lack of pure legal knowledge in a pupil. But pure legal knowledge is rarely ever a substitute for client/people skills and common sense.
Pupils have a life outside chambers as well. Respect their private time and space and avoid carelessly mentioning at 6pm that they are needed until 10pm to help prepare a brief for the next day.
That's because supervisors have an explicit or implicit power relationship over a pupil, no matter how structured or informal the relationship. It is important to recognise that relationship exists and not to exploit it, even unthinkingly. A pupil appreciates being introduced to the client and having their role explained. So does the client.
If given time to read, absorb and understand the case, a pupil can usually make observations which the barrister may not immediately consider. They bring a different perspective to a case and I have found that the pupil's input is overwhelmingly helpful. Pupils, like any person beginning in any organisation, appreciate guidance as to what to do, what not to do, and an element of planning and direction as to the immediate days ahead. Supervisors usually benefit from the self-same forethought.
Having to explain to a pupil why you are doing "x" rather than "y" in any given case also makes one analyse the way you prepare cases and trials - a little self-analysis never hurt anyone!
Overall, the experience is a most rewarding one. It takes time and effort to undertake the role properly, and because 360-degree feedback is encouraged, I get to know how I am performing as a supervisor, in the same way that I can hopefully give useful feedback to my pupil.
Michelle Stevens-Hoare
All through my 1st, 2nd, 3rd and 4th six month pupillages I always swore when I "got there" I would remember what the experience of pupillage was like and make sure I helped others trying to walk the same path. Some 16 years or so on I have to accept that, try as I might, I can't really remember exactly how it all felt. Anyway, things have changed quite a bit since then. However, maybe it will reassure you to know that many of us try to remember! It may also help if you bear in mind we have chosen you and are investing time, effort and money in you so we really do want you to succeed.
So I will take this opportunity to give you few ideas and helpful hints about what to expect and what to look for at this stage. It is inevitable that you will approach pupillage with a certain amount of apprehension. This is likely to grow as you ponder just what you have let yourself in for. Even if you have previously experienced a number of mini-pupillages, it is likely you will have questions, ranging from the minutiae to the fundamental, racing around your head. For example, what do I wear, what do I call everyone, where will I sit, what exactly will they expect me to know, what does "do this set of papers" mean and what exactly is my status in this organisation called Chambers?
The answers to most of those questions will depend to some extent on the set of chambers where you undertake your pupillage. However, here are some general pointers.
What to wear?
You should always look like the smart professional that is, no doubt, already inside you just waiting to come out. Even if some others around you seem to take a more relaxed approach to their dress, be very cautious before you follow their lead. The members of chambers who do not take that approach may be unimpressed if you dress down.
What do I call everyone?
That really will depend on the set of chambers. In some places like Hardwicke everyone is on a first name (or even nickname) basis. Other places still adopt a more formal style. So approach with caution, listen and observe and do not be afraid to ask your pupil supervisor.
Where do I sit?
Again this will depend on the set of chambers you join. Some sets have a room for all pupils to work in; in other sets you will sit in the same room as your pupil supervisor. At Hardwicke we feel it is important for you to sit in with your pupil supervisors as much as possible so that you are learning about all aspects of their professional life, including listening into telephone calls with solicitors and opponents.
What will they expect me to know?
Not everything - at least not in the first week! You will be expected to understand general legal principles and to know rather more about the areas of law in which you profess a particular interest. Most importantly, you will be expected to know how to start identifying the right questions to ask yourself and how to go about researching the answers. Having some grasp of procedure, the practical realities of life and a sense of tactical considerations that may arise will boost you into the "very promising" category.
What does “do this set of papers mean?”
The simple answer is do whatever you think you would do if you were the tenant to whom the instructions have been sent. The rest depends on the culture of the set of chambers you are in. In some sets, like Hardwicke, tenants discuss cases and help each other work things through, and you are expected to join in that process. When you are working on something you can ask your pupil supervisor and other tenants who do the relevant type of work. Equally, when tenants at Hardwicke are discussing a case you should feel free to join in with your thoughts. However, in some sets pupils are still expected do their own work on their own and to wait until they are asked for their views on any other issue under discussion, so approach with caution until you have a feel for the culture around you. As always, if in doubt ask your pupil supervisor what is acceptable.
What exactly is my status?
That depends very much on the set of chambers in which you are undertaking pupillage. Hopefully no one will treat you as chief tea-maker and photocopier. However, in some sets you may find yourself being very much the "pupil" in an almost Victorian sense. The good news is that more and more sets of chambers treat pupils as the intelligent, capable, professionally-qualified people they are. In some sets you will be treated as a proper part of the organisation and in a friendly set of Chambers like Hardwicke you will be readily absorbed into the associated social life. However, bear in mind the reality of your situation: you are a pupil hoping to so impress those around you so that they decide to offer you tenancy. That reality inevitably makes a difference to your approach to life in chambers, but don't allow it to spoil the experience for you.
Inevitably the type of set you choose for your pupillage will be a very significant factor in determining the quality of the learning and life experience you have during the year. However, your own approach and attitude will be just as significant. Remember that you are a intelligent, qualified professional who is there to learn, and that the set of chambers to which you are going chose you, probably over hundreds of other applicants. Be sensitive to the culture of the set and, if in doubt, ask your pupil supervisor or members of the pupillage committee for guidance.
Steven Weddle
Each time I get a new pupil it gets harder. When I started at the bar in 1977 expectations were comparatively low and pupillage was given on a rather mystical basis. I was one of the last to pay 50 Guineas for six months. Now, all has changed and taking on a new pupil can be a daunting task.
The selection procedure at Hardwicke is such that certain facts are known in advance. The pupil will have a better class of degree than me (I have a 3rd), will know far more about the bar than I did when I started, and will have far greater expectations.
In some ways this makes the job of turning the raw material into an effective barrister easier and I see my task as giving a solid grounding in my area of the law and teaching how to be as effective as possible in the modern hard-nosed commercial world of the bar. Principles and standards must not be compromised but efficient working methods pay off.
The obligations of a pupil supervisor are now much more clearly defined than they were and it goes without saying that I try to ensure that every pupil of mine is able to tick as many of the boxes as possible on the Bar Council checklist - but that is not enough. A pupil supervisor needs to give time to discussing approach, tactics and presentation as well as the more formal aspects of our work. I therefore try to ensure that these aspects are not ignored. Sitting and watching a case and then dissecting what happened adds a lot to the learning experience. I do have one expectation that arises from my interactive approach to pupil training. That is that when a pupils observes a case or reads a set of papers he or she plans out how they would approach the case - you cannot plan out a case unless you can marshal the facts. My role is to test out with my pupil the approach that is to be adopted to ensure that the pupil develops the techniques for identifying the most effective and efficient way of advancing the case for the benefit of the client and meeting a barristers' professional obligations.
Success is judged by the smiling ex-pupil who comes up to me 7 years later and says, "Hi Steven, meet my latest pupil".