Provisions of the PSC

Where this subject is covered in the course classes

1.1 Uphold the reputation of the Bar and observe their duty to the court in the administration of justice.

Ethics and Duties

Duties to the reputation of the Bar is covered under the classes relating to both Ethics and Cross examination.

1.2 Have a knowledge and understanding of the key concepts and principles of public and private law.

Substantive law is not covered, nor is legal procedure, as it is assumed that pupils and trainees will have completed the relevant law degrees and academic training

1.3 Have a knowledge and understanding of the law and procedure relevant to their area(s) of practice.

1.4 Have an awareness of the wide range of organisations supporting the administration of justice.

Research and Business Development Skills

These are covered under the topic "Developing your Research and business development skills"

1.5 Apply effective analytical and evaluative skills to their work.

Developing Your Critical Thinking Skills

There is a strong focus on analytic and evaluative skills as part of the topics concerning Critical thinking, Argumentation and the case analysis techniques described as part of the provisions on classical legal rhetoric.

1.6 Provide clear, concise and accurate advice in writing and orally and take responsibility for it.

 The key elements of a legal argument and the importance of ethics to persuasive advocacy, Witness Handling, and Cross Examination

 There are a number of exercises that provide pupils with drafting practice and the hints and tips regarding different phases of a legal argument emphasising the importance of clarity and conciseness in legal argument. The importance of accuracy is emphasised as part of the topic of ethics and duties you owe your clients.

1.7 Negotiate effectively.

A new course in negotiation skills is due to be introduced so this requirement is not yet covered.

Provisions of the PSC

Where this subject is covered in the course classes

1.8 Exercise good English language skills.

 The key elements of a legal argument and the importance of ethics to persuasive advocacy

1.9 Exercise good communication skills, through any appropriate medium and with any audience as required in their work.

Building a Trauma Informed Practice, Understanding Legal Arguments, and The Art of Persuasion

The section on "Building a trauma informed practice" includes information on how trauma can affect clients and training in using trauma informed interview techniques.

The classes on Understanding Legal Arguments, and the Art of Persuasion cover how to construct and communicate persuasive arguments and messaging tailored to relevant audiences.

1.10 Make sound judgements in their work.

Devloping you Critical Thinking Skills, Ethics, and Understanding Legal Arguments

The lessons on Critical thinking and argumentation skills should help pupils to evaluate arguments effectively and make sound judgements in their work. The ethics classes provide general guidance on the ethical principles that barristers should follow in order to stay within the ethical and professional rules that barristers and advocates must abide by.

1.11 Ensure they are fully prepared.

Ethical Duties, Understanding Legal Arguments, Witness Handling, and Cross Eximination

The importance of preparation is emphasised under Ethics (duties they owe their clients) and is also emphasised in the classes on legal arguments and as an important element of cross-examination.

1.12 Employ effective research skills

Developing your research and business development skills

The section on "Developing your research and business development skills" assesses pupils’ current level of research skills, highlights areas for development and encourages pupils to agree, in conjunction with their pupil supervisor a research and business development training timetable, so they are practice ready in terms of research skills by the end of their first six.

Provisions of the PSC

Where this subject is covered in the course classes

1.13 Draft court and other legal documents which are clear, concise, accurate and written so as to reflect fairly the arguments advanced by both sides.

The key elements of a legal argument and the importance of ethics to persuasive advocacy

The pupillage training resources include hints and tips on each stage of a legal argument, including the importance of clarity and conciseness in argument and includes many opportunities to draft court and other legal documents in an appropriate manner that complies with professional and ethical requirements.

The emphasis is on building skills in relation to specific parts of a legal argument, so the course contains many examples to analyse and exercises where pupils can draft pleas in mitigation, opening speeches, statement of facts, EIC and cross-examinations.

Often, pupils will be given the factual background to a well known historical case and will then have to draft an opening speech or a cross examination base on those facts, which they can then compare against the one that was actually given by a KC/QC who knew what they were doing.

They also have the opportunity to analyse famous cross-examinations to try and determine the reason behind every question that was asked, so they can work out the underlying strategy that was used.

1.14 Draft skeleton arguments which present the relevant facts, law and arguments in a clear, concise and well-structured manner.

We don’t provide skeleton argument scenarios as these tend to be practice specific.

The emphasis is more on understanding what the objectives are at each stage of a legal argument, but we anticipate that each Chambers will have their own in house style that they want pupils to learn in relation to skeleton arguments.

1.1 5 Have persuasive oral advocacy skills.

Understanding Legal Arguments, the Art of Persuasion, Cross Examination, and Witness Handling

There are a number of role play activities across servral course areas that enable pupils to act out famous cross examinations and speeches, to help them develop their oral advocacy skills.

Provisions of the PSC

Where this subject is covered in the course classes

1.16 Comply with regulatory requirements set down by the Bar Standards Board, including the Code of Conduct.

Ethics and Ethical Duties

Pupils are directed towards the Ethics and Practice Hub and encouraged to familiarise themselves with a variety of regulatory requirements.

The section on ethics focuses on general guidance in relation to ethics rather than the specifics of the Code of Conduct, as the Code of Conduct will be covered in the mandatory ethics course that pupils are required to undertake.

1.17 Know how to conduct themselves appropriately in court.

Thical Duties - Duties to the Court

There is a dedicated section covering a barristers conduct in court, and general guidance is provided on how barristers should conduct themselves in Court.

1.18 Only accept work which they believe they are competent to undertake.

Ethical Duties

Not specifically covered as a topic, but forms part of the general obligations that a barrister owes towards a court and their clients.

2.1 Act with the utmost integrity and independence at all times, in the interests of justice, representing clients with courage, perseverance and fearlessness.

Ethics and Ethical Duties

The importance of integrity is stressed throughout the training materials, particularly under the sections on ethics and cross examination. The historical background to barristers being independent is emphasised and includes Erskine’s “Independence of the Bar” speech.

Historical examples of courage, perseverance and fearlessness on behalf of counsel are included in the resources on the site. Given that the need for courage in court often comes to the fore in the face of bullying, training is also given on what constitutes bullying, harassment and sexual harassment at the Bar, including by the Bench, and what pupils and junior barristers can do if they find themselves in that situation. This gives effect to Recommendation 11 of the Harman Review on Bullying, Harassment and Sexual Harassment at the Bar.

2. 2 Be honest in their dealings with others.

Ethics and Ethical Duties

The ethics section details various definitions and examples of honesty in your dealings, which basically comes down to treat others as you would like to be treated.

2.3 Be aware and active in the pursuit of equality and respect for diversity, not tolerating unlawful discrimination, in themselves or others.

Ethics, Ethical Duties, Developing your Critical Thinking Skills

The critical thinking resources includes a presentation on the logical fallacies used to discriminate against others and why discrimination is logically flawed.

By including such resources, the expectation is that pupils will become aware and active in the pursuit of equality and diversity and will recognise the distinction between common and garden bigotry and genuine argument and recognise how unfair and corrosive discrimination can be for those on the receiving end of it.

2.4 Ensure their work does not incur unnecessary fees.

Assessing your research and business development skills and Ethics

Under the section covering “Assessing your research and business development skills” pupils are directed towards either free or low cost time management courses, IT courses, project management and risk management courses all of which should help ensure that pupils work in an effective way, which means that their work shouldn’t incur unnecessary fees.

2.5 Adopt a reflective approach to their work, enabling them to correct errors and admit if they have made mistakes.

Critical Thinking Skills

Pupils are encouraged to reflect on their work and not be afraid to make mistakes and learn from them. They are also encouraged to admit if they have made mistakes quickly and promptly, so any problems can be quickly rectified if necessary.

The training for pupil supervisors course encourages pupil supervisors to create a culture where pupils are comfortable in admitting mistakes to their pupil supervisor and training is given in how pupil supervisors can provide constructive feedback.

2.6 Ensure they practise with adaptability and flexibility, by being self-aware and self-directed, recognising and acting upon the continual need to maintain and develop their knowledge and skills.

The resources on the site are extremely varied and should help pupils develop the skills of adaptability and flexibility and encourage them to recognise that they will need to work on their skills and build on their knowledge for the rest of their professional life.

Provisions of the PSC

Where this subject is covered in the course classes

3.1 Understand and exercise their duty to act in the best interests of their client.

Ethics and Ethical Duties

The classes on ethics include a number of resources that explain the ethical duties that a barrister owes their client, and the limits of that duty.

3.2 Understand and apply principles of team working where appropriate.

Assessing Your Research and Business Development Skills

Under the section dealing with “assessing your research and business development skills” pupils are encouraged evaluate any weaknesses in their workplace skills and to sign up for a course on team working skills if suggested.

3.3 Respond appropriately to those from diverse backgrounds and to the needs and sensitivities created by individual circumstances.

Building a Trauma Informed Practice, and Ethical Duties

The section on Building a trauma informed practice includes explanations on what trauma is, how it can manifest itself, how to recognise it in yourself and others, and how to interview a client using trauma informed questioning techniques. Pupils are given the opportunity to role play these techniques so they can acquire the skills they need to deal with clients sensitively.

Ethical duties covers dealing with discrimination, bullying and harrassment

3.4 Treat all people with respect and courtesy, regardless of their background or circumstances.

Building a Trauma Informed Practice, Ethical Duties, and Cross Examination

This is emphasised under the section “Building a trauma informed practice” plus the Bar has long had an excellent reputation for courtesy, and this point is emphasised as part of ethics and also under the section on cross examination.

3.5 Where appropriate, keep clients, whether lay or professional, informed of case progress in a clear and timely manner and manage their expectations.

In relation to lay clients, this is briefly mentioned although not specifically emphasised.

Provisions of the PSC

Where this subject is covered in the resources for pupillage supervisors/pupils

3.6 Demonstrate a good awareness of their additional responsibilities in cases involving direct access and litigants in person.

Ethical Duties

The duties that a barrister owes litigants in person are covered under the Section on Ethics, in relation to the duties that a barrister owes their opponents.