When we think of lawyers, we often think of people arguing a case in court. That’s pretty much the job of a barrister – other lawyers don’t actually appear in court so much.
Last Updated: November 1, 2024
Barristers represent their clients in all types of dispute. That might be by writing letters, preparing court documents (known as “statements of case”) or attending legal meetings. It also involves representing clients at tribunals, as well as at court hearings and in mediations or settlement discussions.
Barristers also advise clients on law and on case strategy. They are expected to know and understand the latest changes to the law, and may give talks to clients about legal updates. A barrister is often involved at an early stage of a potential dispute to give an opinion on the merits of a case and the best strategy to take it forward. A junior barrister is often the cheapest member of a legal team in hourly rate terms, so can often be the first member of the team trusted to grapple with the full detail of a dispute – sometimes the only member of the team to know and understand all its legal aspects.
Being a barrister who specialises in IP means you avoid some of the harrowing stuff in criminal or family law, but some would argue it’s more interesting than certain other areas of law like tax or land and tenancy. The law is technical and it changes often in small ways. There is also a lot of scope for persuasive advocacy, though junior IP barristers rarely appear in court compared with general civil barristers; most of their work is done on paper.
The job can often mean long hours, so you’ve got to be able to be your own turbo-driven ball of energy. It’s tough, high-flying work, but the rewards fly just as high – including the financial ones once you’re fully qualified.
Although barristers do meet their clients, more usually they work with their clients’ solicitors or patent or trade mark attorneys instead.
Barristers are self-employed, but they work in groups called “chambers” or “sets” where they share office buildings and a team of staff to support them. Among their staff are the clerks who act as the barristers’ assistants and organise the work between them.
There are only a few chambers that specialise in IP law and most are in London, although there are a few IP barristers elsewhere around the UK. That’s because the main IP courts are in London (in the Chancery Division of the High Court, which includes the relatively new Intellectual Property Enterprise Court). IP barristers also often appear at the UK Intellectual Property Office, which is based in Newport, and the European Patent Office in Germany and The Netherlands – but many such hearings are now conducted online rather than in person.
Instead of being in chambers, some IP barristers work in industry or for firms of solicitors or attorneys.
To become a barrister you need to start with a degree with a good grade; a 2:1 is usually the minimum. You do not need an undergraduate degree in law; qualifications in other subjects, particularly sciences, can be very helpful, and science degrees are often expected if you want to work on patent disputes.
If your degree isn’t in law, you’ll have to do the Graduate Diploma in Law (GDL) conversion course at a law school afterwards. That qualifies you to start the training process (see below).
The competition at every stage is very strong. To get in and get on, you’ll need the skills to get to the heart of a complicated dispute quickly, tease out the relevant issues, give clear advice and guide the case to a successful conclusion. This takes top communication and language skills, both in writing and in person.
Previous non-law experience is not a requirement but many IP barristers have completed degrees in science, engineering or maths. Quite a few have gone on either to complete a PhD or to work in industry before retraining to become a lawyer. This “real world” experience can help when it comes to advising clients on the commercial rather than the legal approach to a dispute.
After your law degree or GDL (see above), the next step is the Bar Practice Course (BPC). Both the GDL and the BPC are offered by a number of law schools (some are standalone and some are university departments), mostly in London, but elsewhere too.
After the academic training – which is usually at your own expense, although scholarships are available – comes a year of paid, on-the-job training in chambers known as “pupillage”. Applications for pupillage are extremely competitive and the process, which takes several months, is gruelling. Pupils work with a supervisor, generally for three or four months at a time, during which time they sit in on their supervisor’s practice, draft court documents and learn the barrister’s craft.
When the pupillage is done, you are a qualified barrister. If you’ve done well, you may be offered a place (known as a “tenancy”) in the same chambers. If not, you can try to find a place in different chambers or switch to another area of IP practice, such as becoming an IP solicitor or getting a job in a legal department in industry.
If you get a tenancy, though, you become a “junior” barrister. After working for a while, you might apply to get the letters KC after your name (which stand for “King’s Counsel”). KCs are sometimes known as “silks” because they wear silk gowns in court.
Being a barrister can be exciting when a courtroom battle hangs on your arguments and your performance. Passions rise and the emotions are intense. It can be very satisfying knowing that your clients trust your judgement, particularly when your strategy pays off, and the role can pay very well quite quickly once you are established.
It’s very tough to get into and the work can become overwhelming if you aren’t careful – but you are your own boss, and you can usually recover when things are quieter outside the High Court term times.
IP chambers all welcome work experience students to come and find out what being a barrister is really like. This may take the form of informal work experience or, once you have commenced legal training, a more formal “mini-pupillage”. Most chambers require formal applications for mini-pupillages, which generally involve coming into chambers for a few days and sitting with various barristers to observe different aspects of the role.
From there, you need to apply to the relevant courses (see above).