Recruitment

Pupillage Policy
Recruitment of Tenants
Complaints Procedure
Mini-pupillages

Furnival Chambers Pupillage Policy

Furnival Chambers believes that pupillage and recruitment are the cornerstones of its future success. Furnival is a member of OLPAS and invests a considerable amount of effort into ensuring that our pupillage program enables potential tenants receive the best possible training to equip them for a career at the Bar. Our in-house advocacy programme is a significant part of that training process and is second to none. Pupillage at Furnival Chambers, and the selection of its tenants, is founded upon fairness, equality and merit.

Pupillage policy < back

Number of pupils

As from 2009, Chambers will offer one (1) 12-month pupillage, terminable at the end of the 1st six months by either Chambers or the pupil, but this policy is reviewable each year by the Pupillage Committee in consultation with the Management Committee of Chambers.

Depending upon workload, Chambers accommodates 3 - 4 3rd six month pupillages each 6-months (some of whom may have completed 12 months pupillage with Furnival Chambers, some of whom may be external candidates).

Advertisement of Pupillages

In accordance with the ‘Pupillage Funding & Advertising Requirements 2003’ issued by the Bar Council (Annex R to the Code of Conduct), all 1st and 2nd six month pupillages offered by Chambers are advertised through OLPAS and on the OLPAS website / handbook. In the event (and only in the event) that Chambers fails to locate a suitable applicant through the OLPAS system, or a pupil ‘pulls out’ for whatever reason, Chambers will invite and accept non-OLPAS applications (in accordance with the OLPAS regulations, procedure and timetable). These will also be advertised on Chambers' website.

The ‘Pupillage Funding & Advertising Requirements 2003’ issued by the Bar Council (Annex R to the Code of Conduct) do not apply to 3rd six month pupillages. However, any vacancies in respect of 3rd six month pupillages will be advertised on Chambers' website and on the notice-boards situated in the Library and Common-room of each Inn.

Recruitment / choice of pupils

No pupil will be accepted in Chambers who has not come through the Chambers selection procedure.

It is Chambers’ intention to ensure that the opportunity to undertake pupillage is open to all upon merit and ability. We have developed a system of selection over the years that we believe helps us recruit the pupils whom we believe will be able to work with us and at the same time is open and fair. We are looking for candidates with proven academic ability and with a character that we think will fit in and work well with Furnival Chambers.

Selection will be made from OLPAS applications as follows: Initial Selection: The selection process is overseen by the 13-member Pupillage Committee who themselves are elected on an annual basis by the whole of Chambers. All OLPAS forms are carefully read by at least two members of the committee and a selection process is started. Each application form will be independently reviewed by 2 members of the pupillage committee using a standardised scoring procedure approved by the Pupillage Committee. No application is rejected unless at least 2 members of the committee have read the OLPAS form and reached the same conclusion. In the event of disagreement between the 2 members, a 3rd member of the Pupillage Committee will assess the application and his/her decision will prevail.

First Interview: We try and interview as many candidates as possible. This usually amounts to about 60. The first interview is short but each candidate is asked exactly the same 4 questions. This is to create a level playing field and allows us to listen to them and for them to display individuality and originality. Each interview lasts 5-10 minutes and requires no specific preparation on the part of the applicant. Interviewers will be drawn from the Pupillage Committee with a minimum of 3 members.

Second Interview: A short-list of between 10 and 25 applicants will be called for a second interview, when they all will be asked to perform the same pre-arranged advocacy exercise. At the second interview the candidate arrives 30 minutes prior to the allotted interview time, and is given a short piece of advocacy to prepare, such as a plea in mitigation or bail application. The advocacy exercise is followed by a 3-minute speech to the Pupillage Committee on any non-legal subject of the applicant’s choice, which should have been prepared in advance. Candidates will be advised in advance of the interview as to its structure but will not be provided with the advocacy exercise until they arrive. Interviewers will be drawn from the Pupillage committee and/or Chambers Directors with a minimum of 4 members.

Throughout the interview process interviewers will use a standardised scoring procedure approved by the Pupillage Committee, again to try and make the process as fair as possible. The marks for each candidate at all stages are kept in confidence by the secretaries to the Pupillage Committee.

In the event (and only in the event) that Chambers fails to locate suitable applicants through the OLPAS system, or a pupil ‘pulls out’ for whatever reason, Chambers will invite and accept non-OLPAS applications (in accordance with the OLPAS regulations, procedure and timetable). Such applications will be assessed and interviewed in the same manner (and upon the same terms) as OLPAS applicants.

From time to time, Chambers will also invite applications for 3rd six pupillages. Such applications will be assessed and interviewed in the same manner (and upon the same terms) as OLPAS applicants.

Funding of pupillages

It would be contrary to Chambers’ intention to ensure that the opportunity to undertake pupillage is open to all upon merit and ability, were offers based upon the ability and/or willingness of a particular candidate to fund themselves through pupillage. Accordingly, Furnival Chambers provides an award of £15,000 to its 12-month pupil.

Chambers will make a grant towards the living expenses and food requirements incurred during the 1st six months of pupillage. The total payment will be £7,500, paid in monthly instalments, payable in advance (subject to possible delay during the first month whilst a CHAPS transfer is set up). This payment is made on the basis that the pupil continues as a pupil in Furnival Chambers during the 1st six months but, should that arrangement cease, for whatever reason, the payments will be stopped.

During the 2nd six months, Chambers guarantees earnings up to a figure of £7,500. In the unlikely event that a pupil’s earnings do not exceed this sum in any given month, Chambers will pay the pupil the difference. During the 2nd six months period of pupillage, Chambers does not seek to recoup 10% of pupils’ receipts until they have reached earnings of £10,000 during that period. Again, this payment is made on the basis that the pupil continues as a pupil in Furnival Chambers during the 2nd six months but, should that arrangement cease, for whatever reason, the payments will be stopped.

Chambers does not fund 3rd six month pupillages. By way of clerking and Chambers’ fees, 3rd six month pupils are charged 10% of their income.

Travel expenses

Chambers awards for 1st and 2nd six month pupils are specifically designed to provide more than adequate compensation for travel expenses. It is designed to exceed the anticipated travel expenses likely to be incurred by pupils. Accordingly, Chambers does not reimburse pupils their travel expenses during pupillage.

During the 1st six months period of pupillage, Chambers ensures, where possible, that when travelling outside the London Underground system, arrangements are made for pupils to travel to Court with their pupil supervisors.

In the extremely unlikely event that, in any given month, a pupil is able to demonstrate that the Chambers' award has not been adequate to compensate travel expenses, Chambers will reimburse the difference.

Chambers does not reimburse travel expenses incurred during 3rd six month pupillages.

Recoupment of payments made to pupils.

Chambers will not seek or accept repayment from pupils of any of the sums referred to above (or payment made for attendance at compulsory training courses – as to which see below), whether before or after their fixed departure date, save in the case of misconduct on the pupil’s part.

Pattern of pupillage

All pupillages are general criminal pupillages.

During the First six months, pupils will be allocated to a single Pupil Supervisor. We have a system that allows either the pupil or the Pupil Supervisor to ask for a transfer at any time during the first month of the pupillage with no questions asked. We accept that sometimes people just do not get on. It happens very rarely but it is right to have a system that acknowledges this and can deal with it swiftly and fairly.

At the commencement of pupillage, all pupils will receive a comprehensive written guide to pupillage at Furnival Chambers. As well as welcoming the pupil, it sets out guidance and material in advance of the pupil’s arrival in Chambers to help them get the most out of pupillage with us. The document provides the pupil with ground rules. In addition, during the first week in Chambers, we arrange a meeting for all pupils with our Head of Pupillage Committee and the Secretaries to the Pupillage Committee, together with fellow pupils, to answer any further queries and to ensure that pupillage has begun smoothly.

Chambers runs a scheme whereby each new pupil is allocated a junior member of Chambers to be their “godparent”. This is intended to work in parallel with the traditional system of Pupil Supervisors and is not intended to subvert the authority or wishes of the Pupil Supervisor. Instead, a pupil’s godparent is deliberately selected as a junior member of Chambers much nearer to their own call, whom they may wish to approach with queries about life in Chambers and at the Bar as a whole, or to discuss (if they wish in confidence) a particular problem that they may have (whether with the administration of pupillage or otherwise) and that they do not feel able to raise initially with their Pupil Supervisor. Should the pupil so wish, their godparent will deal with any difficulties that they have or bring them to the attention of the appropriate Chambers forum and/or act as advocate on their behalf in any grievance procedure. The use that the pupil chooses to make of our godparent scheme is entirely a matter for him or her. However, we have found that this is an excellent and informal way to keep an eye on any matters and deal with them before they become real problems.

1st six month pupils may be expected to spend some time during their first six months with the Asset Forfeiture Team in Chambers. This will consist of exposure to money laundering and confiscation proceedings in the criminal courts, together with injunctive and receivership proceedings in the High Court. Accordingly, applicants are expected to have excellent academic qualifications and an ability to absorb complex documentary material. For this period, pupils will remain assigned to their Pupil Supervisor.

Second six month pupils will be allocated to a (different) single Pupil Supervisor for the duration of the 2nd six month period whom they will shadow and assist. Pupils will also attend Court in their own right. Pupils are moved to different rooms so they get to know as wide a range of members of Chambers as possible. The association between pupil and Pupil Supervisor is necessarily less strong during the 2nd six months as the pupils are in court on their own account every day. But the Pupil Supervisors keep a close eye on the work their pupils are doing, especially during the first few weeks.

Third six month pupils will be allocated to a (different) single Pupil Supervisor for the duration of the 3rd six month period whom they will shadow and assist. Pupils will also attend Court in their own right. Pupils are moved to different rooms so they get to know as wide a range of members of Chambers as possible. The association between pupil and Pupil Supervisor is necessarily less strong during the 3rd six months as the pupils are in court on their own account every day. But the Pupil Supervisors keep a close eye on the work their pupils are doing, especially during the first few weeks.

Holidays

Under the Working Time Regulations, pupils are entitled to 2 weeks' holiday per each 6 months as of right. Chambers does not consider Bank holidays to count towards this entitlement. Chambers’ funding continues during these periods. Any additional holiday period is entirely at the discretion of Chambers and must be discussed and approved in advance with the Pupil Supervisor and the Senior Clerk and will necessitate (pursuant to Bar Council Regulations) prior approval from the Bar Council to extend pupillage for that period.

Unauthorised and unexplained absence by the pupil will be treated as voluntary termination of pupillage with immediate effect and will be considered misconduct on the pupil’s part (thus rendering the pupil liable to repay all pupillage awards paid to date).

Obligations of pupil supervisor

The Pupil Supervisor of a 1st six month pupil will regularly review the Pupillage Check List during the course of the pupillage and will report to the Chairman for the time being of the Pupillage Committee as to the pupil’s progress at the conclusion of the period of pupillage. The same obligations apply to a 2nd six month pupil.

The Pupil Supervisor will ensure that the pupil is exposed to and adequately instructed in the conduct of all matters and procedures set out in the Pupillage checklist.

The Pupil Supervisor will afford adequate and repeated opportunity to the pupil to:

Read and discuss the Pupil Supervisor’s work,
Practise their own paperwork, attend conferences,
Observe the Pupil Supervisor in Court,
Observe other members of Chambers in Court,
Receive regular and constructive feedback upon the pupil’s progress,
Receive thorough training in the field of professional ethics, paperwork and court work.

The same opportunities will be afforded to the pupil during the practising period (2nd and 3rd six months) of pupillage. Additionally, the Pupil Supervisor will afford adequate and repeated opportunity to the pupil to undertake court work in their own right.

Checklist used

A Check List, outlining the roles and duties involved in pupillage, as provided by the Bar Council entitled “Check List for Criminal Pupillages”, will be used by Furnival Chambers.

Pupils will not be certified as having completed their pupillage until the list has been finally discussed, signed and handed to their Pupil Supervisor. In addition, the submission of signed and completed checklists is a compulsory part of any tenancy application the pupil may make to these Chambers.

Continual assessment

Chambers views prompt, regular and constructive assessment of pupillage not only as good practice but as vital. On an informal basis, pupils are encouraged to continually monitor their progress by informal chats with their Pupil Supervisors and ‘godparents’. In addition the Pupillage Committee meets all the pupils on a regular basis so that any problems or complaints can be talked over and dealt with.

On a formal basis, and in addition to the Bar Council checklists, Chambers operates an in-house assessment procedure. At the conclusion of the pupil’s 1st and 2nd six month periods, and at the conclusion of any allocation to the Asset Forfeiture Team, the pupil and Pupil Supervisor will complete an in-house pupillage appraisal form based upon their own appraisal and the feed-back they have had from other members of Chambers, clerks, solicitors and other members of the Bar. The form deals with a comprehensive range of the pupil’s abilities and capabilities and also makes suggestions for the future development of the pupil. This is intended to assist the pupil to know how they are progressing in pupillage and identify those areas requiring improvement. The contents of the form will be discussed with the pupil within a month of him/her finishing that stage of their pupillage. A member of the Pupillage Committee, usually the Head, should be present. Completed appraisal forms are held in confidence by the Secretaries to the Pupillage Committee.

The Appraisal Forms constitute an integral aspect of the pupil’s training and will form an essential part of any application the pupil makes to Chambers for further pupillage and/or tenancy. At the end of pupillage, a report will be made by the Pupillage Committee to the Head of Chambers and ultimately to the Bar Council, in accordance with the content of the Appraisal Forms.

Compulsory training courses

Pupils are required to attend and successfully complete all compulsory training courses run by the Bar Council and their respective Inns during their 12 months’ pupillage. These include:

The ‘Advice to Counsel’ Course,
The Forensic Accountancy Course,
Advocacy training courses offered by the Inns and the South Eastern circuit.

Although not compulsory, Chambers also views the Criminal Bar Association Lecture series (conducted at the Central Criminal Court Bar Mess) as invaluable training and treats them as compulsory.

In addition to travel to and from such courses, Chambers will pay for pupils’ attendance at all the above-mentioned courses. Chambers operates a simple and speedy procedure for obtaining payment (whether in advance or by means of reimbursement).

In-house advocacy training

Pupils are encouraged to take part in any advocacy training offered by their Inns or the Circuit and financial help is available to assist them with this.

Additionally, during the 1st six months the pupils undergo a series of in-house advocacy workshops. The course lasts approximately 40 hours in total. Workshops are conducted along the lines developed by Gray’s Inn and are run by members of Chambers. They take place one evening a week and the training material has been compiled by members of Chambers and covers all the ground that young members of the Criminal Bar can expect to encounter in their first few months on their feet. It is an intense course as we are able to have a very low ratio of Trainers to Pupils. We also have the advantage of being able to call on junior members of Chambers, who themselves have gone through the same course, to act as the witnesses/clients.

At Furnival Chambers we are confident and proud of the fact that we offer our pupils among the most comprehensive advocacy training available at the Criminal Bar. By the time they get on their feet in their 2nd six months our pupils will have completed many hours of intense advocacy training. Pupils must pass this course to the satisfaction of the Pupillage Committee in order to take up the 2nd six months and to attend court in their own right representing Chambers.

Allocation of work

During the pupil’s practising (2nd or 3rd) six months, they will be allocated work on a daily basis. Work will be allocated without discrimination and in a manner fair to all.

Allocation will take place according to:

Availability of work, and
The pupil’s perceived ability and progress (relative to other pupils) at that time, having regard to solicitors’ feedback etc.

Assessment of a pupil’s readiness to conduct different types of hearing is the sole responsibility and remit of the clerks (under the overall supervision of the senior clerk and 1st junior clerk), who are best-placed and best-informed to be able to make this assessment, in liaison with the Pupil Supervisor.

The Secretaries to the Pupillage Committee (through liaison with the senior clerk, 1st junior clerk and the Pupil Supervisors) monitor the distribution of unnamed work received by Chambers and re-distribution of work between members of Chambers to pupils. This is undertaken at least every two months. Should the pupil feel at any stage that work is being allocated on an unfair or discriminatory basis, Chambers operates a scheme whereby complaints are investigated by the Pupillage Committee as a matter of urgency and a full report made to the aggrieved pupil.

Feedback

No-one is perfect, and Chambers welcomes confidential feedback from pupils upon the pupillage that we offer. Accordingly, the in-house assessment forms are also designed to enable the pupil to provide any feedback that he or she deems appropriate at the conclusion of each period of pupillage. Chambers takes this process seriously and undertakes to look into any comments or complaints made.

Additionally, pupils are invited to complete the anonymous Bar Council questionnaires provided with each of the Bar Council checklists. These may be sent directly to the Bar Council or, if they wish, be returned to either of the Secretaries to the Pupillage Committee who will forward them on their behalf.

Recruitment of tenants < back

No pupillage at Furnival Chambers is offered with a guarantee of (or with a view to) further pupillage or tenancy at its conclusion. All pupils must apply for such further pupillages and/or tenancies as may be available.

Within 1 month prior to the conclusion of pupillage pupils can (and will be invited to) apply to the the Tenancy Committee for a tenancy by means of presenting their CV.

Junior tenants may be recruited from in-house pupils at the conclusion of their pupillage. They will be considered alongside any external candidates (as to which Chambers will advertise generally for prospective junior tenants before making any decision).

Applications for junior tenancies are considered by the 13-strong Tenancy Committee, itself elected on an annual basis by the whole of Chambers. Junior tenancies are awarded on an equal and non-discriminatory basis. Junior tenancies are offered according to available work and merit. In order to determine the latter, the Tenancy Committee will (in addition to its own knowledge of the pupil in question):

Pay careful regard to the content of the Bar Council checklists completed throughout pupillage, together with any work diary maintained by the pupil,
Pay careful regard to the appraisal forms completed by each of the pupil’s Supervisors and will consult each Pupil Supervisor in person to discuss the contents of the forms,
Also invite and consider feedback from the clerks (who will also provide the Committee with feedback from solicitors) and those members of Chambers responsible for conducting the advocacy workshops.

Chambers undertakes to advise pupils at least 3 weeks prior to the conclusion of pupillage if a limited number (or no) tenancies will be available. In the event that tenancies will be available to those pupils deemed to merit them, decisions will be made known at least 2 weeks prior to the conclusion of pupillage, if not earlier. Ultimately, Chambers will not offer a tenancy to any pupil who is not deemed to have the ability, determination and potential to make an outstanding Barrister, advocate and ambassador for Furnival Chambers and to create and sustain a successful practice.

If a pupil fails to obtain a tenancy or 3rd or 4th six month pupillage, they will be given 6 weeks’ notice to find a pupillage or tenancy elsewhere. During that 6-week period, the pupil will be permitted to ‘squat’ in Chambers with no obligation to pay rent. The pupil will be afforded full and unrestricted access to all Chambers' facilities (including clerking facilities) without discrimination during that period.

If a pupil has failed to find such a place at the end of the notice period, they can apply to the Pupillage Committee for an extension of the squatting period on a monthly basis, but such an application will only be granted in exceptional circumstances.

Complaints procedure < back

Chambers has set up a system that is intended to deal with matters before they become problems. We have found that the ‘godparent’ system and the regular meeting with the Head of the Pupillage Committee at the advocacy workshops all constitute an excellent way of ensuring, as far as possible, that the pupils have someone to talk to and discuss their worries and problems. However, in the event that the pupil needs to take the matter further and if a problem cannot be resolved by the Pupil Supervisor, then Chambers provides a procedure whereby the pupil can take the matter to the Head of the Pupillage Committee, the Head of Chambers, and if they wish, the Bar Council.

Chambers recognises that this is a particularly sensitive area where embarrassment, fear of causing a fuss, of being labelled, or of adverse judgment may prevent a complaint being made in the first place. It is Chambers’ policy, therefore, that as far as is practicable, names of complainants will not be released (save to those persons conducting the investigation and to the person complained against) without their consent. Equally, complainants will not be victimised or suffer detriment because of a complaint made in good faith. A number of situations which may give rise to complaint are as follows:

Selection of pupils, tenants and staff from internal or external applicants
Conduct of pupillage.
The working relationship with pupil and Pupil Supervisor.
Distribution of work in Chambers.
Pressure or instruction to discriminate in the distribution of work.
Sexual or racial discrimination/harassment.
Harassment or other discrimination originating within or outside Chambers.

A person subject to discrimination in any of these situations may, at their choosing, deal with the matter in a number of ways:

Voicing a Concern:

Where an aggrieved person merely wishes to voice their concerns and no more, they can approach either the Head of the Pupillage Committee (Charles Sherrard) or the Secretaries of the Pupillage Committee (Sally Fudge or Natalie Sherborn) for a confidential discussion. This is primarily intended to provide support and advice without the matter going any further.

Informal Complaint:

The second option is the lodging of an informal complaint. This can be done orally to either the Head of the Pupillage Committee (Charles Sherrard) or the Secretaries of the Pupillage Committee (Sally Fudge or Natalie Sherborn). An informal complaint is designed to act as a method of resolving disputes without the need for a formal investigation to determine the issue. If the complaint concerns the conduct of a person in Chambers, it may be that such a person can be made aware that they are causing offence and so cease the offending behaviour. Alternatively, where the complaint concerns a decision taken within Chambers, it may be that such a decision can be reviewed or, if appropriate, overturned. An informal complaint may also be made for the purposes of seeking advice.

Formal Complaint:

The third option is the lodging of a formal complaint. This must be in writing and must set out the allegation(s) complained of so as to enable Chambers to carry out a thorough investigation of all the matters concerned. If actual or potential discrimination has been found, remedial steps will be taken immediately. These may include a re-evaluation of a decision, a further opportunity to be considered for an interview or a pupillage, tenancy, brief or post as the case may be, a change in working practices, further advice, training or support, comparative monitoring of work allocation and any other action, including disciplinary steps against the offender, that appear to the panel to be appropriate.

In the conduct of formal complaints, the following grievance policy shall have effect:

Any pupil having a grievance or problem should first try to resolve the problem by speaking to his or her Pupil Supervisor,
If the pupil feels that he or she cannot speak to their Pupil Supervisor about the problem, the pupil should speak to either of the Secretaries to the Pupillage Committee for the time being, one of whom shall be male and one of whom shall be female,
All complaints shall be in writing, whether or not they concern a member of Chambers or a member of staff,
Confidentiality will be maintained at every stage. The name of the Pupil and person complained of shall not be divulged save to those investigating or resolving the matter,
The Secretaries will conduct a preliminary enquiry into the problem and, having defined the issues of the complaint, will bring the matter to the attention of the Head of the Pupillage Committee within two weeks of receiving the complaint. Should the problem involve any complaint of discrimination or inappropriate sexual behavior, the Secretaries to the Pupillage Committee will bring the problem to the attention of the Head of the Pupillage Committee without delay,
If the complaint involves the Head of the Pupillage Committee, the Secretaries will bring it to the attention of the Head of Chambers,
The Head of the Pupillage Committee (or where the complaint involves that person, the Head of Chambers) shall try to resolve the problem, by hearing the pupil and the person complained of, with at least two other senior members of Chambers (the panel). There shall be at least one representative of each sex on the panel. No member of such panel should have a conflict of interest between themselves and the complainant,
The manner of the hearing shall be determined by the panel in accordance with the rules of natural justice and fairness. The complainant has a right to make representations and/or to be independently represented as does the person against whom the complaint has been lodged. The parties shall be informed in advance as to how the panel intend to conduct the hearing,
An investigation should not, save in exceptional circumstances, last longer than six weeks from the date of complaint. The panel shall come to a determination as to fact, and how the matter is to be resolved within one month of the Head of the Pupillage Committee or the Head of Chambers receiving the written complaint,
The finding shall be reduced to writing and given to the parties,
The pupil shall be informed of the relevant Bar Council Committees, should they wish to take the matter further or receive counselling,
No action of any type shall be taken against any pupil who makes a complaint in good faith, whether found to be made out or not. Any pupil who feels that action is being taken against him/her in such circumstances should bring any complaint to the Head of the Pupillage Committee or the Head of Chambers immediately.

The Pupil is entirely free to choose which avenue of problem resolution he or she wishes to adopt.

Mini-pupillages < back

Mini-pupilages are offered subject to availability. Chambers accepts two mini-pupillages per week. Mini-pupils must expect to travel to courts in London. Applications should be made in writing to Clara Milligan (Chambers Administrator) with accompanying CV.

Student visits are not available.