Frequently asked questions

1. Pupillage regulations
2. Starting pupillage
3. Time requirements
4. Accepting instructions
5. External training
6. Certification of pupillage
7. Reduction in pupillage
8. Continuing education
9. Pupil supervisors
10. Third six and mini-pupillages
11. Other

1. Pupillage regulations

What regulations govern pupillage?
Pupillage is governed by the Consolidated Regulations of the four Inns of Court.

Where can I get the Consolidated Regulations?
The newest regulations, which came into effect on 31 July 2000, are available from the Bar Council's website or from your Inn.

Can I obtain a pupillage from a friend in chambers as a 'favour'?
All pupillages must be advertised and pupils must be recruited via an official recruitment process. Chambers who offer unadvertised pupillages as a 'favour'; are in breach of the Equality Code for the Bar. Any pupillages commencing on or after 1 January 2003 will be explicitly required by the Code of Conduct to have been advertised on the designated Bar Council website. The Bar Council will have the power to refuse to register any pupillage that has not been advertised.

I am an overseas student, do I need a visa to complete pupillage?
Yes, you need to contact the Home Office and ask them to send you a FLRS Form.

I have finished my pupillage what do I do with my check list?
Once you have completed your pupillage, the check list must be signed and dated by you and your pupil supervisor. The check list should be retained by chambers for a minimum period of three years and produced when requested by the Bar Council.

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2. Starting pupillage

When do I start pupillage?
Pupillage is started after completing and passing the Bar Vocational Course (BVC). 'Specially qualified applicants'; referred to in Part IV of the Consolidated Regulations commence pupillage after passing the Aptitude Test as may be required or after being exempted from that test. Persons who had taken the non-intending practitioners' course (also known as the Bar Exam or Bar Finals) and whose change of intention has been approved must complete the Vocational Conversion Course (VCC) before starting pupillage. You must be called before commencing the practising second six or undertaking external training.

Is there a time-limit for starting pupillage?
Yes. You must start pupillage within five years of passing the BVC (or Aptitude Test or VCC as the case may be). This time limit does not apply to those who had registered for the BVC (or Aptitude Test or VCC as the case may be) before 1 September 1998.

Can an extension of this time-limit be allowed?
The time-limit for starting pupillage can be extended by the Joint Regulations Committee in individual cases if there are sufficient grounds, and the committee can impose additional training requirements if appropriate.

Am I allowed to start pupillage if I am taking re-sits on the BVC?
No. You are required to pass the BVC successfully before commencing pupillage.

Can I start pupillage before being called?
Yes. Provided you have passed the BVC you may serve the first six months of pupillage, in whole or in part, before being called. However the whole of the second six months must be served after call.

What am I required to do when I start pupillage?
You must register your pupillage with the Bar Council on the appropriate registration form before you commence pupillage. Any periods of time spent in chambers before registration will not count towards your pupillage. Registration forms should be returned to Dawn Elvy in the Education and Training Department.

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3. Time requirements

How long is pupillage?
Twelve calendar months

What is the difference between the first and second six months?
The first six months are non-practising. That is, you may not accept professional instructions during that period (except for noting briefs). During the second six months, you may accept instructions on your own account provided that you have the permission of your pupil supervisor or head of chambers.

Is pupillage full-time?
Yes. It is the pupil's duty to 'apply himself or herself full-time' to pupillage which requires a minimum of 35 hours per week. Pupils can take part time work with the permission of their pupil supervisor, provided that, in the pupil supervisor's opinion, it will not materially interfere with the training.

Is it permissible to serve pupillage by way of odd days?
No. The pupil is expected to be in attendance five days a week. Anything less would be unacceptable.

Can I take a break during pupillage?
Under the Working Time Regulations 1998 you are entitled to four weeks leave per annum. Chambers policy will vary as to whether this includes bank holidays, the period between Christmas and New Year etc. If you are taking any longer period of leave you will need to obtain permission from the Joint Regulations Committee and an extension of the overall period so as to compensate for the break.

Can pupillage be divided into two or more shorter periods?
The first six months of pupillage must be served in a continuous period, save with the permission of the Joint Regulations Committee. The second six months must be commenced within 12 months of completing the first six months and can be served in a continuous period or with breaks no more than one month in length, provided that the whole of the second six is completed within an overall period of nine months. Applications for permission to split pupillage should be made to the Joint Regulations Committee.

Where can I undertake pupillage?
The first six months may be undertaken in England and Wales in a chambers or other organisation authorised by the Bar Council to take pupils. The second six months may be undertaken in any member state of the EU.

Can I do pupillage in a common law jurisdiction overseas, such as Hong Kong?
There is no provision for this in the regulations (but a person who has completed pupillage or some similar experience overseas can ask for some credit towards the overall pupillage requirement, by applying to the Joint Regulations Committee. See further below).

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4. Accepting instructions

When can I start to accept instructions?
During the second six months, provided that you have the permission of your pupil supervisor or head of chambers.

Can I do a noting brief in the first six months?
Yes, provided that you have the permission of your pupil supervisor or head of chambers.

Can a first-six-month pupil be paid for doing a noting brief?
Yes.

Does a pupil require professional indemnity insurance?
A pupil does not usually require professional indemnity insurance as he or she is covered by his or her pupil supervisor's insurance. All barristers with a Full Qualification Certificate (including third six pupils and squatters) should take out their own insurance.

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5. External training

What forms of external training are there?

1. up to six months pupillage may be satisfied by an equivalent period of training spent with a solicitor who is practising in the United Kingdom or in another member state
2. up to six months pupillage may be satisfied by an equivalent period of training spent with a lawyer qualified and practising in another member state
3. six months pupillage may be satisfied by undertaking a 'stage' of five months duration or more, in the legal departments of the European Commission in Brussels or Luxembourg or a 'placement' at the European Commission in London
4. up to six weeks pupillage may be satisfied by serving as a marshal with a Judge of the High Court of Justice or with a circuit judge
5. up to four weeks pupillage may be satisfied by a pupil, with the permission of his pupil supervisor, working with a solicitor or other professional person whose work is relevant to his pupil supervisor's practice
6. up to four weeks pupillage may be satisfied by a pupil, with the permission of his pupil supervisor, working under supervision for a body, such as a law centre or pro bono or free representation unit which supplies legal services to the public without a fee or for a nominal fee
7. the JRC may, in an individual case, recognise such other forms of training as satisfying part of pupillage as it considers appropriate having regard to the particular circumstances of the person concerned.

Do I need approval to undertake external training?
You need the prior approval of the Joint Regulations Committee for any period of external training. Contact Pauline Smith for the application form.

Does external training count towards the first or second six months?
External training counts only towards the practising six months.

Do I have any rights of audience during external training?
You may only exercise a right of audience as a barrister if you have completed the non-practising period of pupillage and you have the permission of your pupil supervisor or head of chambers.

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6. Certification of pupillage

What do I do at the end of the first six months?
At the end of the first six months you must get your pupil supervisor to sign a certificate (available in the Pupillage File or from the Education and Training Department) confirming satisfactory completion and send it to the Education and Training Department. You will then receive a Provisional Qualification Certificate.

What do I do at the end of the second six months?
At the end of the second six months you must get your pupil supervisor to sign a certificate confirming satisfactory completion and send it to the Education and Training Department. You will then receive a Full Qualification Certificate.

What do I do if I am unable to obtain a certificate from my pupil supervisor?
If you are unable to obtain a certificate from your pupil supervisor, whether at the end of your first or second six months, you can ask the Bar Council to accept in substitution a certificate signed by the head of chambers or some other member of chambers or some other person acceptable to the Inn and to the Bar Council. That certificate should contain an explanation of why the pupil supervisor was not able to sign it.

What do I do if my pupil supervisor refuses to sign a certificate of satisfactory completion?
If your pupil supervisor refuses to sign the relevant certificate you can ask your Inn, on the grounds that the signature has been wrongfully withheld, to grant a certificate of satisfactory completion, and request the Bar Council to register it and issue the provisional or full certificate, as the case may be. You may appeal to the Joint Regulations Committee if your Inn refuses in these circumstances to grant a certificate of satisfactory completion.

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7. Reduction in pupillage

Can I obtain a reduction in the length of pupillage?
If there are sufficient grounds, you may apply for a reduction in the length of pupillage. The grounds for such an application must be the completion of some substantial training and/or experience that can be realistically equated to service of pupillage. 'Specially qualified applicants' mentioned in Part IV of the Consolidated Regulations and legal academics, if approved for call to the Bar, will be considered for a reduction of pupillage on the basis of relevant experience during the application process.

How do I apply for a reduction in the length of pupillage?
Contact Pauline Smith for an application form.

Will a reduction of pupillage go to the first or second six months?
Normally any reduction of pupillage will only go towards the second six months.

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8. Continuing education

Are the continuing education courses compulsory?
Yes.

Which are the compulsory continuing education courses?
The compulsory courses are Advice to Counsel and the Advocacy course both of which are to be completed before the end of pupillage. A Forensic Accounting course must be completed either during pupillage or during the first three years of practice.

Where can I find out about the continuing education courses?
From the Continuing Education Officer at the Bar Council.

What do I do if I have not completed the continuing education courses by the end of my pupillage?
You will not be issued with your full qualification certificate until you have completed both pupillage and the compulsory courses. Without a full qualification certificate, you may not enter practice, either as an independent or an employed practitioner. You may however remain in pupillage.

Can I obtain an exemption from the continuing education courses?
No.

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9. Pupil supervisors

Who can be a pupil supervisor?
A barrister is eligible to apply to his or her Inn to be approved as a pupil supervisor if at the date of his application, he or she:

1. has practised in the United Kingdom or another Member state as a barrister (other than as a pupil) or as a member of another authorised body (ie the Law Society, the Institute of Legal Executives or the Chartered Institute of Patent Agents) for a period (which need not have been continuous and need not have been as a member of the same authorised body) for at least six years in the previous eight years
2. Has made practice his or her primary occupation and has been entitled to exercise a right of audience as a barrister during the two years immediately preceding the application.

How does a barrister seek approval as a pupil supervisor?
A barrister should apply to his or her own Inn for approval as a pupil supervisor. [CR 49]

When can a pupil supervisor take a pupil?
A registered pupil supervisor may not take a pupil unless:

1. practice is and has been his or her primary occupation for the last two years.
2. his or her principal place of practice is an office which is also the principal place of practice of at least one other barrister or solicitor of at least three years standing (other barrister or solicitor who has made their practice their primary occupation and has been entitled to exercise full higher court rights of audience for at least the last three years.)

A pupil supervisor who is working in an office with an employed barrister who has been entitled to exercise full higher court rights of audience for less than three years may be able to take a pupil, provided that the employed barrister applies for and is granted permission to exercise full higher court rights of audience by the Bar Council under paragraph 1104 of the new edition of the Code of Conduct. This must be done using the Employed Barristers Form 2.

Is a Queen's Counsel (QC) eligible to become a pupil supervisor?
No QC other than an employed barrister may be registered as pupil supervisor.

Can a pupil supervisor have more than one pupil at the same time?
No. However, an application can be made to the Joint Regulations Committee to take more than one pupil at the same time. The application should explain why the pupil supervisor needs to take more than one pupil and set out the measures that will be taken to ensure that both pupils receive satisfactory supervision.

Can I make a complaint against my pupil supervisor?
Complaints should be dealt with, where possible, in chambers. All chambers are required under the Equality Code to have a complaints and grievance procedure which will set out the action that should be taken. You can also refer to the section in the Pupillage File on handling complaints in pupillage. In the event that a dispute cannot be resolved, you can make a complaint to the pupil supervisor's Inn.

Can a pupil supervisor be removed from the register of pupil supervisor?
A pupil supervisor can be removed from the register of pupil supervisor, by resolution of his or her Inn. An appeal against removal lies to the Joint Regulations Committee.

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10. Third six and mini-pupillages

What is a 'third-six-month pupillage'?
A third-six-month pupillage is a voluntary arrangement between a barrister who has completed his or her 12 months and a set of chambers. The barrister continues to be treated as a pupil (for another six months or whatever is agreed). During that time he must have a pupil supervisor and is under the overall supervision of his or her pupil supervisor and is covered by his or her insurance.

What is a mini-pupillage?
A mini-pupillage is a short period of time, usually a week or two which a student (ie a university student) spends in a set of chambers, so as to have some experience of the work of practising barristers. A mini-pupillage does not count towards completion of the standard pupillage requirement. Chambers which accept students for mini-pupillages will be found listed in the Pupillages Handbook and the online pupillage listings.

Are mini-pupillages important and how do I apply for them?
They are extremely important and give future applicants an insight into life at the Bar.

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11. Other

Do pupils have to pay council tax?
Pupils are not automatically exempted under the council tax regulations as pupillage does not constitute an exempted apprenticeship. However, some pupils may be entitled to a reduction on the grounds of low income. For further information contact the council tax office at your local authority.

Do all pupillages have to be funded?
Yes, except in exceptional circumstances. The new regulations, which came into force on 1 January 2003, state that both sixes must be funded to a minimum of £5000 each. The second six can be funded by an income guarantee of £5000 or more. If a pupillage provider offers you an unfunded pupillage, they must have gained prior permission from the Pupillage Funding and Advertising Committee of the Bar Council. The pupillage provider applies for the waiver from the requirements and not the pupil.

I am a pupillage provider and want to advertise an ad-hoc vacancy. What do I do?
Please contact the pupillages.com team on pupillages@gtios.com to add a vacancy. The vacancy will appear on the listings page, and good practice states that advertisements should be open for a minimum of two weeks to allow enough time for candidates to apply.

I am a pupillage provider and want to advertise in the next copy of The Pupillages Handbook. What should I do?
You must submit your details to GTI Online Solutions, who produce The Pupillages Handbook for the Bar Council. If you wish to participate in the OLPAS scheme GTI can also assist. Please telephone 01491 828 918 and ask to speak to Marion Layman. Details are usually required by December in each year in order to be published in the paper copy of The Pupillages Handbook. Pupillages.com goes live in March each year in conjunction with the launch of The Pupillages Handbook and the National Pupillage Fair.

How will my referee be contacted?
Chambers may contact your referee if this is appropriate to your application. This contact is at the descretion of individual chambers and is conducted offline as there is no facility on www.pupillages.com to contact referees directly.

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