Barring Advocacy

Author: Barrister Mian Sheraz Javaid

The art of advocacy, often regarded as the most challenging yet rewarding facet of legal practice, is a complex tapestry woven from both formal education and experiential learning. It tests your ability to identify, research, draft, address, argue, and charm – a complete skill set – acquirable after years of grit, effort, and determination. However, this journey has allowed me to become a multijurisdictional barrister and dispute resolution practitioner. Having experienced the nuances of legal practice in Pakistan and the United Kingdom, I can attest to the structural and procedural differences in both jurisdictions and associated challenges.

Bar courses available in the UK need no introduction, with an abundance of world-renowned institutions and instructors boasting academic excellence, it is a top destination for lawyers pursuing their future in litigation. With my diverse professional background as a civil engineer and lawyer in the courts of Pakistan, I was able to secure a position in the prestigious Kings College London Construction Law and Disputes Resolution MSc Program. This program redefined my perception of the relationship between law and construction. I learned that law and dispute resolution are an inherent part of the construction process and the advanced processes of arbitration and adjudication forged in the Western world over millennia of building and rebuilding. This understanding led me to pursue the Bar as I felt that as a litigator and dispute resolution practitioner, I would be better able to serve my clients.

Without completing a pupillage, the Bar course while itself excellent, is little more than the honorary title of ‘unregistered barrister’, previously known as Bar-at-Law. As a Pakistan-origin barrister navigating the English justice system, the pursuit of pupillage and tenancy at No5 Barristers’ Chambers was daunting as well as exhilarating. Pupillage is the final step towards becoming a practicing barrister, following successful completion of a Bar course, students must begin a pupillage with an Authorised Education and Training Organisation (AETO) such as a chambers. Students gain practical training under the supervision of a barrister for a year, split into two six-month periods of training known as ‘sixes’, after which you may officially practice as a barrister.

Pupils often express the experience of bar training as intense and gruelling, and my account is no different. In my entire academic journey, my pupillage was the most mentally exhausting and challenging period. As a non-British pupil, I found myself constantly learning and adapting to cultural differences both socially and professionally, realizing I would have to work twice as hard as my peers.

The driving force behind my unwavering commitment to my pupillage at No5 was the prestigious international stature that No5 Barristers’ Chambers commands. No5 Barristers’ Chambers is a leading law chamber headquartered in Birmingham, with a strong presence in London, Bristol, and Leicester. Ranking as a tier-1 chamber across multiple areas and known for its excellence in chancery, clinical negligence, and employment law, No5 is recognized as one of the highest-ranking firms distinguished for their excellence, reputation, and market dominance, with exceptional expertise, tailored services and clientele. Over its 100-year history, No5 has developed a reputation for breaking new ground and continues to be regarded as a forward-thinking group. With more than 260 barristers, including 40 silks, No5 is one of the largest sets of barristers’ chambers in the United Kingdom. This impressive size allows No5 to provide a nationwide service, offering specialist advice and representation at the cutting edge of newly evolving areas.

The application process to secure a pupillage was perhaps the most stressful and rigorous task I undertook. However, in light of my professional experience and academic excellence, after weeks of applications, I was fortunate enough to become a pupil with the No5 Barrister’s Chambers’ Business and Property Division. The rigorous selection process for securing the pupillage is designed to identify candidates with exceptional credentials, advocacy skills, and a demonstrated commitment to the profession. Candidates are expected to demonstrate a nuanced understanding of the law, exemplary communication skills, and a genuine commitment to the principles of justice and fairness. For non-British applicants, the hurdles are compounded by cultural differences, language barriers, and the need to adapt to unfamiliar legal norms. As I reflect upon my experience during pupillage, one Oliver Wendall Holmes saying particularly comes to mind, “A mind that is stretched by a new experience can never go back to its old dimensions.”

Indeed, to emerge as a barrister post-pupillage is another task and a half. The successful completion of pupillage is an important step in becoming a Barrister with full rights to practice and audience before the courts of England, for which candidates must continue to demonstrate their skill, professionalism, and dedication to the highest standards of legal practice. Becoming a fully registered Barrister is not merely a status or title; it is a symbol of recognition, accomplishment, and trust bestowed upon those who have demonstrated exceptional talent, dedication, and integrity in their law practice.

Looking back at my legal experience in Pakistan and England, I find a fascinating tapestry woven from distinct threads of tradition, culture, and jurisprudential philosophy. These two jurisdictions, though united in their pursuit of justice and the rule of law, diverge significantly in their approach to legal practice and the role of legal professionals within society. The legal landscapes of both countries exhibit notable differences in their approach to legal practice. In the administration of justice, the UK legal system strives to preserve the values of independence, fairness, and impartiality by keeping the functions of solicitors and barristers distinct. In the UK, barristers practice advocacy and courtroom representation; presenting legal arguments and facts to judges and juries. Their skills are honed with years of specialized training and practice. The Bar Standards Board closely regulates the barristers practicing in England through strict guidelines for appropriate behavior ensuring the integrity of the legal profession is upheld. Within chambers, barristers operate as self-employed practitioners, each conducting their own legal practice under the umbrella of the collective.

Without completing a pupillage, the Bar course while itself excellent, is little more than the honorary title of ‘unregistered barrister.’

In contrast, the legal landscape in Pakistan takes a more flexible yet consolidated approach to the duties of solicitors and barristers; both being undertaken by an advocate qualified with an LLB and Law Graduate Assessment Test (LAW-GAT) followed by six months of pupilage with a lawyer having 10 years of standing. While this bifurcation of the legal profession into solicitors and barristers is also evolving, as per recent changes, solicitors may now be granted permission to appear before the courts as an advocate upon successfully undertaking specified conversion exams, and may then be referred to as ‘solicitor advocate’.

The juxtaposition of legal systems in Pakistan and the UK underscores the importance of adaptability and resilience in navigating the ever-evolving terrain of the legal profession. From the distinct roles of solicitors and barristers to the varying approaches to legal practice, each jurisdiction offers its own obstacles for legal practitioners to navigate.

With a diverse law and dispute resolution practice in multiple jurisdictions extending from Pakistan to Dubai International Financial Court (DIFC), Singapore International Commercial Court (SICC), Astana International Financial Centre (AIFC), and the UK, I advise all young lawyers to seek licenses in other jurisdictions and becoming multijurisdictional lawyers. Working alongside young talented legal professionals in Pakistan, I have observed an abundance of exceptional and vibrant graduates with the potential to make substantial contributions to Pakistan’s legal landscape, if given the proper direction at the appropriate stage in their careers. Finding the right mentor can either accelerate or derail your venture into international law practice.

My journey to becoming a registered barrister, and navigating the legal terrains of Pakistan, the United Kingdom and other jurisdictions indicate towards the idea that one can truly witness the power of conviction. This journey was a testament to the universal truth that with determination and hard work, anyone can achieve what they set their mind to. Each step, each challenge, and each success has been a unique learning experience, contributing not only to my personal growth but also to the broader evolution of the legal profession.

This journey, however, is more than just a personal narrative. It serves as a reminder for others that even the seemingly impossible can be achieved with determination and hard work. Every challenge we face is an opportunity for growth, every hurdle we overcome strengthens our resilience, and every success we achieve is a testament to our dedication. Here’s to the journey ahead, may it continue to inspire and illuminate the path for others.

Success is not final, failure is not fatal: It is the courage to continue that counts. – Sir Winston Churchill

The writer is a freelance columnist.

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