I have just listened to Charon Q.C's podcast with 'John', who is a spokesperson for the internet company that offers the 'cash for applications/essays' through its various websites. Before I give my take on this state of affairs a little background might set the scene.
Lesson 1
So where do I begin? Law school seems a good place, it's where most aspirants to the legal profession begin the journey to their chosen vocation. My experience of LLB was probably a good deal similar to many others, with the exception that in being a 'grown up' (allegedly anyway), I had to study part-time due to financial constraints. My yearly syllabus consisted of 7 or 8 essays (some being 'bogof', so perhaps 10 in all) submitted to my tutor, followed by a 3 hour, closed book exam at the end of the year. There was little contact with the tutor in between monthly tutorials and an email begging for help might get a response, or might not. Each year we were allocated a different tutor.
A theme started to emerge during LLB, the beginning of year riddle in how to please the tutor. There was the tutor who liked the splinter-non-sitdownius, ie. whatever you do, don't ever reach a conclusion, if you do, you will lose 20 marks, just discuss, students aren't supposed to have an opinion. There was the tutor who would deduct 20 marks if you didn't reach a conclusion - "your going to be a lawyer, don't sit on the fence, or else". There was the tutor who didn't like to mince words and would simply write "I disagree" all over the submitted essay and if he didn't disagree, would write nothing at all. So the first two or three submitted essays each year were a matter of finding out how to 'please tutor' and in doing so, marks would be lost. Pleasing tutor was more important than actually knowing the subject and I'm still amazed at a near perfect mark I attained for a European law essay, despite not having a clue as to what 'horizontal direct effect' actually meant, but I had cottoned on as to how to please tutor.
Lesson 2
How to please provider? Difficult one this, I'm still learning myself, but a theme is emerging. Paying fees on time seems to be a good point scorer, Barmaid was nearly relegated to second division for allegedly being late in making her first BVC payment (an allegation she vehemently denies and has the overdraft to prove it). It seems that another guessing game is emerging, provider likes to up the stakes without actually telling us so, adds to the excitement it seems. "Why hasn't anyone done a proper Conference plan?" The answer was of course that no-one knew we had to and furthermore didn't know how to. But at least the uniform 'not yet competent's' dished out to SGS group were a stark warning that telepathy is a useful skill in how to please provider. Neurotic emails now flow between group students, just in case one of us has indeed received divine notification as to what providers next surprise might be. Oh and by the way, the phrase 'develop your own style' must at all costs be ignored even if it's good style, whatever you do, slavishly do as provider does, not what provider says.
At this point I should point out that accents can be a problem to certain tutors, bit too posh for one tutor, deduct 20 marks, bit too regional for another tutor, deduct 20 marks. Don't worry you'll soon get the gist of it, it's just a matter of ticking boxes. Agreeing with tutor about everything is always a good standby for a high v.c./outstanding if you're in any doubt.
Lesson 3Of course at this point you are all wondering what the hell all of this waffle has to do with 'pupilgate'. Ticking boxes, that's what. "The Bar encourages diversity". Does it hell as like. "What we want to see is something different". Do they hell as like. Just so long as you go to the right school, the right uni, do mooting (or debating), get a scholarship from your Inn, do 6 or 7 mini pupillages (anymore your a mini pup. tart, any less your not committed) and do FRU.
Do something different, my foot!!! "Yes, well last year I decided to climb mount Everest in a bikini and in doing so raised £50'000 for Shelter, which I think shows initiative, determination and steadfastness" "Mmmm but have you done any mooting? Next"
And this is where my argument regarding pupilgate finally begins. In order to gain pupillage, it seems that you have to be a clone, don't deviate and try and do something different, even if it's brilliant, it's just not cricket is it old chap. You have to APPEAR to be the same, ticking 10 boxes that perhaps show aptitude, ability, flair, passion and success just won't cut any ice, it's got to be the conformist box that is ticked in order to get that pupillage interview. This is where the money is to be made for internet companies offering application advice for cash. A Bar aspirant knows that in order to 'please Chambers', certain boxes must be ticked, but which boxes is a bit of a mystery. At this point it should be noted that 'pleasing Chambers' is a little more serious than pleasing the tutor and one's very solvency and sanity might depend on it. Little wonder that students feel compelled to turn to these companies for help.
Who's to blame then? Those who allegedly provide a ticking the right boxes service for debt ridden students or those Chambers who insist that no other boxes will do?
Have I? Nope. Would I? Nope. But then I haven't been offered a pupillage interview either!
15 comments:
I am very sympathetic to your plight. I don’t know if this will help but here is an analogy regarding the box ticking v. being individual balance. Think of each application as a cake. The box ticking bit is the cake itself and the individuality part is the icing. It is essential that you do all the box ticking you can manage – it doesn’t matter if yours is the most beautiful cake in the world but if it doesn’t taste right or lacks substance, it won’t pass muster.
Once you have ticked those boxes, then you can add the icing and show how your cake is different from all the other cakes. There are so many good applicants out there (so many tasty cakes) that often box ticking will not be enough – chambers want someone who is brilliant but also interesting and with whom members feel that they can get along. It is a high standard but chambers are swamped with applications each year: they can afford to have high standards.
So I suppose what I am saying is that you need the mooting/FRU/minis etc just to be bog standard (I appreciate that this alone is hard, especially while juggling law school etc but if your competitors can do it, you need to too) and then you need the extra sparkle of individuality on top. You say that ‘you have to be a clone, don't deviate and try and do something different, even if it's brilliant, it's just not cricket.’ From my perspective (as a member of a pupillage committee), that isn’t really the case – chambers don’t want clones, they do want you to deviate and to have done something different but they want you to do that on top of ticking all the boxes which show that you have the relevant qualities of, as you say, ability, flair, passion and success. If you have climbed Everest in your bikini for Shelter AND mooted, you are what chambers are looking for. I am not pretending that this is easy but, for better or worse, the standards of the Bar are high which is why it is such a sought-after career and why we have one of the best legal systems in the world.
I expect that you already know all of this but for those readers who do not, I hope that it is of a little assistance. The very best of luck with your applications.
Crikey, BM, it looks like your summer is going to be a busy one. Will you be doing your re-sits before, or after, your jaunt up't Everest ?
Maid,
I must say that I am with Anon on this one; the icing on the cake - your singular personality, your own personal experience - is the key to making that cake attractive to chambers. Consequently, no company on EARTH can provide such a finishing touch, however confident it may be in its claims to be able to do so.
I am very much an exponent of free thought and of independence; if one has to rely on someone ELSE to tell one how to think, how to act and behave, beyond the usual requirements necessary for entering a profession, then I believe we have become a very sad society, relying on spoon feeding to the detriment of all else. The acquisition of Qualifications becomes a question of technique,of the fastest easiest route possible to that qualification, not a journey into the gaining of knowledge and skills; all sense of discovery ,and albeit a painful, delight in the acquisition of knowledge is lost in amid cries of " Show us what to do - we can't DO it unless we've been shown!!" followed by " You didnt show us how to do it PROPERLY!! Other people have been shown - why not US?" and then " Even though you have shown us how to do it PROPERLY, we STILL can't do it, and it is all YOUR fault!!!"
Where does it all end?
Not with companies like OXbridge TC, I'd hope, but with a good LONG look at one's career aspirations - as a goodly few Bar Aspirants should do - and come to the swful conclusion that this really is not the life for them.Of COURSE no one wants to think they dont have the stuff for a career at the bar, but there is a fine line between self knowledge. belief and confidence and the watching of too many episodes of ' Kavanagh, QC'. They will save money, time and heartbreak, rather than giving themselves over to people who dont really know what they are doing, and dont especially care, so long as they get paid a truly extortionate ammount of money for complete and utter nonsense.
BB - The first defendant is unable to admit or deny the re-taking of any Bar exams since that information is, for the present proceedings, not yet delivered. (yes, today I'm doing drafting homework)
LM - What can I say. It seems that we live in a society where everything is available for a price regardless of merit. Want to change the law? Sure why not, bung a few grand to Lord Suchandso, sorted.
Want a pupillage interview, sure why not, bung a few hundred to a barrister who works for OTC on the side, he knows what you need to say, he's 'in the know'.
I have both publicly and privately voiced my concerns over some of the students taking BVC who never contribute to classes, crib homework off all and sundry, never do any work of their own unless for an exam and generally just go through the motions.
However, in their defence, any spark of genius has usually been knocked out of them by the time they get to Bar school and they realise that immitation, not innovation is the key to success.
So little wonder that firms such as OTC have a market for their services. With students who can seemingly glide through BVC without doing any homework (unless it is for an exam), crib homework shamelessly of anyone daft enough to share and then contribute nothing to seminars save for their silent presence. But make no mistake, these people will get pupillage, you see they have plenty of spare time on their hands to tick the required extra-curricular boxes, their days are free from the grind of earning a living, studying, looking after families, housework and related boring but required chores. I don't blame them though, why not, after all the system allows it. My criticism is with the system that considers their minimal efforts as superior to those who's lives aren't quite so empty and who's morals aren't quite so suspect.
I received an email today from my provider, forwarded on from the BSB who have issued a statement concerning OTC, seems there is little they can do unless it is an already qualified barrister, rather than a student who is applying for the pupillage. Why an already qualified barrister would be applying for pupillage is I'm afraid beyond me, perhaps someone can enlighten?
I sort of take your point and have posted a similar comment here -
http://fissilingual.blogspot.com/
Hello PP, have dutifully added your blog to my blawg list (well you did agree with me, sort of):-)
Maid,
I imagine that the 'qualified barrister' aspect arises following call, when one is bestowed with the title 'barrister' but cannot use it until one actually secures pupillage.
With respect to those who contribute nothing to the work done in small BVC groups - and having experienced this, like you at considerable and frustrating length - I would contend that they NEVER have possessed any spark of innovation or creativity, and never will do; they have scraped home with their degrees, apologising with condescending smiles along the way as to why they missed out on this that or the other class/mark or this that or the other opportunity, sponging off everyone they can think of while bieng of no help or support in turn, manipulating their way into a job they have no skill or aptitude for.
The title 'Barrister at Law' in this respect is an absolute END in itself. the title has nothing WHATSOEVER, as far as they are concerned to do with the job; it simply means perhaps a better seat in a resteraunt, quicker delivery of a new car. It's a pretty powerful title just as it is - even if it is ONLY a title - so why work at it? Why not let someone ELSE do all the work for you - if not your own BVC group, the Oxbridge TC?-
Thanks BM. We need to change the system as a whole I feel. The way things are structured at the moment, it's not, as you say, surprising that OTC exists and is used.
A good post. I can see your point, BarMaid. However... I think you may be a bit too cynical of the whole thing. :)
I'm sorry to hear of your bad LLB and BVC experiences. I can't say the same about my undergrad degree. Even though some people tried putting it down on the Legal Week, I thought it was a great experience which helped me to develop as a person... as cheesy as that sounds! I certainly haven't experienced anything that the John guy described in his podcast. I got as much support and guidance from the tutors as I needed, but at the same time LLB is supposed to include elements of self-study. Which is not an excuse to turn to Ox.Law for so-called 'help'. I discovered that if you play by the rules, you will succeed. By the rules I mean: do what your university programme suggests (recommended reading, seminar preparation...). I had some really poor essay marks in my first year, but then I 'clicked' and passed future courseworks with flying colours... You don't have to be a genius to write good essays, look at me!
In relation to the BVC, I just adopted a positive attitude and genuinely enjoyed the course as it was.
Ticking boxes... I agree that there are certain points that you have to cover, but this information is widely available through: career advisers; Inns; practitioners you meet on mini-pupillages; internet. Again, there's no justification for turning to OTC to write your answers for you. Most good candidates are pretty much the same in terms of achievements, so the way *you* phrase your answers is crucial. Which is why using someone else's answer is unacceptable and misleading.
Whatever everyone says, I'd like to believe that it's a fair game (the pursuit of a career at the Bar). The problem is that there are very few places and lots of talented people who are 'better', be that academic grades or extra-curriculum achievements. I don’t care about others, who end up with pupillages without much effort. I bet they don’t even enjoy it anyway!
Interesting analysis. I had to smile when reading about BVC providers.
I believe that there is an overriding question, what would make someone so desperate to pay money for this to gain the so-called edge?
Hello RM, good to see another BVCer blogging, we do seem to be a bit thin on the ground and it's always interesting to read another's views on BVC etc.
Android, I know, I sound like a grumpy old bag, perhaps I am? It's just very frustrating and saddening to find out that the alleged level playing field has, after all, got quite a few bumps in it.
Perhaps my words concerning BVC were a little too harsh, I have already gained skills on the course that will stand me in good stead, whatever the future holds for me, so it's not all despair:-)
Thanks Barmaid. I have been reading your blog pretty much from the start of it. I thought it was about time I stopped leeching and actually try and add something!
Intend to post on how I thought BVC went etc sometime soon. Need an hour and a large glass of wine to get me going though!
Well in that case, might I recommend the House Wine, it is a particularly good vintage.
I actually found it quite scary at Inn advocacy training that the pupils were all much more homogeneous in build, height, complexion, hairstyle, accent, manner, posture and dress than were the BVC students. There is definitely a "type".
50YOP, are you 51YOP yet ?
One probably finds that most new entrants to anything will seek to fit in and they will, therefore. tend towards being samey. There does, however, seem to be little of the much vaunted diversity on show.
The message seems to be that anyone can join just so long as they act like a clean cut 23 year old ex-public schoolboy/girl for the purpose. If that is what the Bar really wants then would it not just be easier to cut to the chase and say so.
I am unconvinced that this diversity, and wider access message is not one of the problems with the system as its stands. One cannot help but feel that somewhere along the way, it would have been a bit more honest for the powers to be to acknowledge they needed to be seen to do something by saying right chaps, time to be more diverse, suppose we better let a few posh fillies into the fold.
I am still chilled by a senior Bar member, who I don't doubt was being sincere, asking what my father did. I humoured him by saying my father was a director of multinational company. He seemed suitably reassured that I must be a good egg.
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