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Emma Darlow Stearn and Adam Pincott on the experience of taking on pro bono cases during second six
Pro bono work in my second six – for Advocate, Work Rights Centre and Free Representation Unit – has been a welcome baptism of fire.
The absolute thrill of running your own cases is hard to describe (and at times abject terror; let’s be frank – there is nothing like receiving a very aggressive costs warning for the first time, however spurious).
During your first six, every piece of work is checked by your supervisor. Suddenly, and in a particularly pronounced way working pro bono as there is often no solicitor involved, you take responsibility for everything.
At a fundamental level, you have the capacity to influence the outcome of litigation. The advocacy involved to this end is incredibly varied, ranging from negotiation with the opposing party (both regarding practicalities, such as disclosure, and weightier matters, like settlement), to making submissions to the court, tribunal or appeal tribunal.
Although it has not been easy, the dominant feeling during these past three months ‘on my feet’ (albeit for the most part spent sitting down) has been relief – that I really enjoy this. During the necessarily intense and insecure process of pupillage, it is sometimes hard to keep sight of why you have chosen to put yourself through it. Pro bono work has been the perfect antidote.
I have had a level of access to my clients that one generally does not have as a barrister. Not only has this given me even more admiration for the work solicitors do but it has reminded me why this job is so brilliant: you get to provide counsel to people when they need it most. This hits home with a certain force when you are providing help that someone would otherwise be unable to access.
Another pro bono quirk/perk is that my first court appearance was at appellate level. As well as a win in the Employment Appeal Tribunal, I managed to secure settlement for two of my clients and I am currently being led (also pro bono – it is becoming addictive) in a key whistleblowing appeal regarding worker status.
Pro bono work in your second six is a no brainer – do it!
I have recently completed a five-day employment tribunal hearing representing a lay client on behalf of the Free Representation Unit (FRU).
The skills required to be a good advocate are like any other. The more you practise them, the better you get.
While there is something to be said for starting off in practice with shorter hearings, gradually building confidence, refining style and techniques, there is no better way to practise cross-examination than to represent a claimant in a multi-day hearing where the other side has four or five witnesses.
I have been fortunate in receiving paid instructions in similar matters as a result of my experience pre-pupillage, but that sort of work is not always available to pupils or even very junior tenants, and so accepting pro bono instructions can be a great way to boost your knowledge and skills early on, which you can then of course add to your chambers profile to give confidence to prospective clients that you are a safe pair of hands.
Pro bono work can also be a great opportunity to see work that you otherwise might not as a pupil barrister, such as drafting witness statements and preparing bundles. While this might not be work you will do regularly in practice, having an appreciation for those tasks, and what your instructing solicitors have to do to make a case ready for you, is no bad thing!
Finally, the clients you will meet when working pro bono are some of the most vulnerable and deserving clients you will have. Although it is a damning indication of the state of our justice system that so many people have to rely on charity in order to effectively access justice, it is also reassuring to know that organisations like FRU are available to help them.
Emma Darlow Stearn is a pupil at Cloisters. Prior to pupillage, Emma was a senior legal adviser at whistleblowing charity Protect. Prior to that, Emma generally held roles of a violin-playing, comedic kind during her decade-long acting career.
Adam Pincott is a pupil at Cloisters. Prior to pupillage Adam held roles as an associate in a national law firm and senior legal adviser in a trade association.
Pro bono work in my second six – for Advocate, Work Rights Centre and Free Representation Unit – has been a welcome baptism of fire.
The absolute thrill of running your own cases is hard to describe (and at times abject terror; let’s be frank – there is nothing like receiving a very aggressive costs warning for the first time, however spurious).
During your first six, every piece of work is checked by your supervisor. Suddenly, and in a particularly pronounced way working pro bono as there is often no solicitor involved, you take responsibility for everything.
At a fundamental level, you have the capacity to influence the outcome of litigation. The advocacy involved to this end is incredibly varied, ranging from negotiation with the opposing party (both regarding practicalities, such as disclosure, and weightier matters, like settlement), to making submissions to the court, tribunal or appeal tribunal.
Although it has not been easy, the dominant feeling during these past three months ‘on my feet’ (albeit for the most part spent sitting down) has been relief – that I really enjoy this. During the necessarily intense and insecure process of pupillage, it is sometimes hard to keep sight of why you have chosen to put yourself through it. Pro bono work has been the perfect antidote.
I have had a level of access to my clients that one generally does not have as a barrister. Not only has this given me even more admiration for the work solicitors do but it has reminded me why this job is so brilliant: you get to provide counsel to people when they need it most. This hits home with a certain force when you are providing help that someone would otherwise be unable to access.
Another pro bono quirk/perk is that my first court appearance was at appellate level. As well as a win in the Employment Appeal Tribunal, I managed to secure settlement for two of my clients and I am currently being led (also pro bono – it is becoming addictive) in a key whistleblowing appeal regarding worker status.
Pro bono work in your second six is a no brainer – do it!
I have recently completed a five-day employment tribunal hearing representing a lay client on behalf of the Free Representation Unit (FRU).
The skills required to be a good advocate are like any other. The more you practise them, the better you get.
While there is something to be said for starting off in practice with shorter hearings, gradually building confidence, refining style and techniques, there is no better way to practise cross-examination than to represent a claimant in a multi-day hearing where the other side has four or five witnesses.
I have been fortunate in receiving paid instructions in similar matters as a result of my experience pre-pupillage, but that sort of work is not always available to pupils or even very junior tenants, and so accepting pro bono instructions can be a great way to boost your knowledge and skills early on, which you can then of course add to your chambers profile to give confidence to prospective clients that you are a safe pair of hands.
Pro bono work can also be a great opportunity to see work that you otherwise might not as a pupil barrister, such as drafting witness statements and preparing bundles. While this might not be work you will do regularly in practice, having an appreciation for those tasks, and what your instructing solicitors have to do to make a case ready for you, is no bad thing!
Finally, the clients you will meet when working pro bono are some of the most vulnerable and deserving clients you will have. Although it is a damning indication of the state of our justice system that so many people have to rely on charity in order to effectively access justice, it is also reassuring to know that organisations like FRU are available to help them.
Emma Darlow Stearn and Adam Pincott on the experience of taking on pro bono cases during second six
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