What is the Commercial Bar
The independent Bar is a specialist referral profession offering expert legal advice and advocacy. Barristers practising at the independent Bar are self-employed but (in most cases) group together into sets of chambers for the purpose of sharing premises and other overheads.
As the law has become more complex, members of the Bar have tended specialise in particular areas and to form Specialist Bar Associations (SBAs), of which COMBAR is one. COMBAR now has over 1,200 members with 36 member sets of chambers and individual members from 21 sets across London, Liverpool, Manchester, Birmingham, Bristol and Devon.
The members of COMBAR practise commercial law, which is a broad term encompassing a wide range of civil (as opposed to criminal) legal matters. Commercial law is perhaps best summed up as the law which applies to business and financial disputes, and includes the law relating to banking, insurance, sale of goods, shipping, aviation, financial services regulation, companies, insolvency and international arbitration and employment. Commercial barristers may also deal with other areas of law in which commercial issues arise, including public law, professional negligence, intellectual property, media and entertainment law and construction. Individuals may specialise in particular areas within the broad field of commercial law, and specialism tends to increase with seniority.
Commercial barristers are usually instructed by solicitors rather than by a client directly; the services they provide fall into two main areas. First, and most importantly, a barrister is a specialist advocate who will present the client’s case in court. Historically, oral advocacy has been the most important element of the presentation of cases but, particularly in the field of commercial law, written advocacy has become more and more important. Secondly, as an expert in the area of commercial law he or she will advise on particular commercial legal issues (frequently, but not always, arising in the context of disputes).
Why should you choose a career at the COMBAR
You are likely to spend most of your life working. It is vital that you enjoy whatever you do. As well as being potentially lucrative, a career at the Commercial Bar is challenging and stimulating, and offers far more independence at an earlier stage than is available to most solicitors.
The Bar is a referral profession. As a commercial barrister, you are sent the most difficult problems which your solicitors have already pondered before seeking counsel's advice. You will sometimes be asked to advise how cases should be run by people much older and more experienced than you. The most interesting problems often come to your desk, with a junior solicitor having put all the relevant papers together for you to consider, which you will be able to do without the distractions of dealing with lay clients or the administrative needs of running a solicitors' firm. It is a great privilege to be in that referral position.
The quality of the work sent to commercial barristers is generally very high. Commercial cases are more likely to be well funded and prepared: the sums at stake are much more likely to justify every stone being turned. You are more likely to be provided with well-ordered papers, proper instructions, and to have sufficient time to prepare. Your solicitors are likely to be thorough and well-supported in their turn. It is no coincidence that many of the important decisions in contract and tort law over the past 30 years have been in commercial cases. These are more likely to involve parties with the resources to take cases to the higher courts and to pay for good quality legal representation to argue novel and complex points of law. Also, the enormous range of complicated factual situations thrown up by commercial legal disputes means that there is a often a great variety in the work done by commercial barristers; it is fair to say that other areas of legal practice (such as crime, personal injury or family work) are normally far less varied. Finally, commercial work frequently involves advising and acting for foreign clients, which can provide opportunities for travelling and working abroad from time to time in a commercial barrister's career.
The Bar is also the front line of advocacy. There is no question that as a barrister you will have far more experience of advocacy than most solicitor advocates. Solicitors have had higher rights of audience for over ten years now and there is no suggestion that the independent Bar is under threat; it is very rare for a solicitor advocate to conduct a commercial trial or complex hearing. COMBAR is confident that the specialisation, experience and independence of the Commercial Bar will continue to ensure that it remains the first port of call for advocacy in commercial cases. If you want to be an advocate you should come to the Bar.
For many barristers, self-employment is a huge plus. Not having a boss does not mean that barristers are less likely to work hard. But it does give you a sense of control over when and in what circumstances you work. It is in many ways much more like university than other careers: you are given work to do, and it is up to you to make sure that it is done. There is scope for taking long holidays, but few successful barristers do not work at weekends from time to time.
Finally, but importantly, commercial barristers can also volunteer their time and use their skills as advocates to assist those in need of legal advice and representation but who cannot afford to pay for it and who would otherwise be unable properly to access the legal system. Most commercial cases will not attract public funding (Legal Aid). The Bar Pro Bono Unit is a charity which helps to find pro bono (free) legal assistance by allocating deserving cases to its panel of over 1,850 volunteer barristers (including over 240 QCs) from all over England and Wales. Barristers can also get involved in various other pro bono schemes and projects nationally and internationally (see www.probonouk.net).
There are also an increasing number of opportunities for students to get involved in pro bono work whilst still at university. Projects range from Street Law programmes to volunteering at law centres. Students should get in touch with the pro bono contact in their law department for more information. In addition, during the final year of a law degree or whilst undertaking the CPE/ PgDL and thereafter, trainee barristers can obtain valuable advocacy experience and use their advocacy skills to assist those cannot afford legal support through the Free Representation Unit (FRU). FRU provides legal advice, case preparation and representation in tribunal mainly for social security and employment law cases for those who could not otherwise afford legal assistance. All FRU's representatives are volunteers who are trained by FRU and work under the supervision of its case workers.
Myths about the Commercial Bar
There are a number of myths about the Bar which have been circulating for some time. They should be treated with caution. Here are a few of them.