Pupillage to Tenancy Success Stories

I was waiting for Preston’s Court 7 to re-open after lunch when I noticed a missed call from my Supervisor. I had about 15 minutes until my Sentence was due to start and so I returned the call. The reason for the call: I was officially a member of Exchange Chambers! I was excited, relieved, proud, grateful – a real pinch myself moment. I relished these feelings for a few minutes before focusing on the task in hand!

This exemplifies that in the immediate, very little changes. I mitigated on behalf of my client, a form of advocacy I had been doing for a number of months, only now as a tenant. Of course, more broadly, much has shifted, not least my mindset: the education, the training, the work experience, the applications, the interviews, the (multiple) rejections were all stepping stones to this point and so I feel a real sense of excitement to build my career at Exchange from this foundation.

I have really enjoyed second-six (and I am not just saying that!). I have undertaken such a variety of work, including a £5 million contested Proceeds of Crime hearing, a witness deposition in attempted murder proceedings and multiple defence sentences in cases of serious violence (amongst many other things).

It has had its difficult moments, but I doubt any pupil has experienced pupillage without them. I was told prior to starting on my feet that second-six would be a roller coaster, and despite racking my brains to see if I can reference a better analogy, it is the perfect description. It is fast moving with consistent adrenaline rushes. It is nerve-wrecking, and terrifying, but simultaneously stimulating, exciting and rewarding. It has low points that are swiftly followed by high points.

There has been one constant throughout: the support of my Chambers and the camaraderie of the Bar. I made a point in my first pupillage diary of highlighting the welcoming, supportive atmosphere that I entered upon starting. This has not changed. I have been comprehensively supported by my Supervisor throughout, by members of Chambers, by Chambers staff and by colleagues at the Bar, both junior and senior. On my first day as a qualified barrister, HHJ Prowse, sitting in Burnley, welcomed me to the self-employed Bar with a short address. He stated that I have today joined a family, and one which cares for its own. This, it is clear, is spot-on.

Months leading up to tenancy

The last three months have been the busiest of my pupillage! Throughout my second six, I averaged around three to four hearings a week. I hit a personal record in the last week of January, appearing in court every single day!

Not only was I in court every day, but I also travelled far and wide for hearings. FYI, I’m based in Manchester.

On Monday, I was at the County Court at Leeds for a return of a contested bankruptcy hearing, representing the petitioner. The dispute centred on whether the debtor owed sums to the petitioner under a personal guarantee and indemnity he had signed for a company of which he was a director. While the debt itself wasn’t contested, he challenged service. Most of the hearing was spent debating whether the petitioner had taken all reasonable steps to serve the statutory demand (the document preceding a bankruptcy petition). Despite the debtor having expressly acknowledged receipt – and being present at the hearing – the court, in its wisdom, decided the issue warranted robust examination…

On Tuesday, I was back at it, this time at the County Court at Carlisle for another contested bankruptcy hearing. As with the Leeds case, the debtor had signed a personal guarantee and indemnity. The issue was whether the petitioner had unreasonably refused an offer to use his property as security for the petition debt. There were various historical charges on the property recorded on the land registry title document, however, it wasn’t entirely clear what they related to or what the value of those charges were. As a result, it was unclear what equity was available or whether the debtor could remortgage the property to settle the petition debt.

The judge adjourned the petition hearing so the debtor could find out what those charges relate to and ultimately determine whether the debtor’s offer was unreasonably refused. But the judge was clear in his ruling that if the debtor sat on his hands that a bankruptcy order would likely be made at the next hearing.

On Wednesday, I was back in Leeds for a small claims hearing for a standard credit hire case. I was for the defendant insurer. These cases arise from RTAs, where rather than suing the driver who is said to have caused the accident, the claimant sues the insurer under the European Communities (Rights against Insurers) Regulations 2002. The claimant sought to recover the cost of hiring a replacement vehicle while theirs was being repaired.

Thursday took me to Leeds once again, this time for a section 8 possession hearing. These hearings usually last about a minute when they are uncontested – which this was. However, my hearing was only called on an hour after it was due to commence…
While waiting, one of my clerks emailed me about an interesting matter scheduled for
London the following day. So, after wrapping up in court, I went to chambers to discuss the case.

It was a complex unfair prejudice petition under section 994 of the Companies Act 2006, being handled by a barrister from my chambers who was called to the Bar nine years after I was born! The hearing in London was an interlocutory application in the High Court to extend time for exchanging witness statements, in circumstances where the trial date has already been fixed. On paper, it was a straightforward application, but it was my first appearance before an ICC Judge and my first time in the Rolls Building. The whole experience was fascinating: meeting and advising the clients (solicitor and lay client) outside of the courtroom, making submissions before an ICC Judge, facing an opponent who was called to the Bar two years BEFORE I was born – and, of course, winning the application!

Afterwards, I headed to the Middle Temple library to finalise the draft minute of order. There was some back and forth with my opponent (not unusual), before the final draft order was sent to the ICC Judge’s Clerk.

What a week that was.

The following Tuesday, I had eight winding up petitions (about half of what I usually do in the Manchester list), and that evening, I shared my crazy week with student members of the Middle Temple in a talk (I appeared remotely).

Tenancy – goal accomplished!

February remained a busy period, filled with hearings and paperwork. My final tenancy review also took place that month – and it went very well.

Stephen Connolly, who supervised the majority of my second six, recommended me for tenancy. He and Bryn (who supervised my first six) drafted a report, which was sent to the board recommending tenancy. The board approved it, and the report was circulated to all members of chambers for a vote.

I genuinely believe self-confidence is essential in this job, so, perhaps surprisingly, I wasn’t nervous about the decision – despite spending the last 11 years working HARD towards this goal.

As I write this final diary entry in HAMPTON & VOÚIS, Manchester, listening to my favourite Afro Beats songs, I feel reflective – and more than a little nostalgic about my journey. I moved to this country at the age of 10, having lived in Germany before, knowing only the words “yes” and “no”. Determined to master the English language, I studied spelling and grammar daily. I was originally placed in the bottom sets at school.

By the time I sat my GCSEs, I was in the top sets.

I went on to study Law (with German Law) at the University of Sheffield and earned a First Class Degree.

I secured a scholarship from the Middle Temple to study the Bar Course while working as a paralegal. I got a Very Competent.

I obtained pupillage after the second time of applying at one of the most prestigious sets in the country and THE BEST set in the north of England.

And now, I am a fully qualified Barrister.

Thanks be to God.

I have said this in a recent LinkedIn post – but it bears repeating – I couldn’t have done this without the unwavering support of my supervisors, mentors, colleagues, friends, family, and instructing solicitors.

On to the next goal and challenge!

I began the practising portion of my pupillage on 6th September 2023 and my first hearing was a prosecution committal for sentence in Bradford Crown Court. I was well prepared with all of the work having been done days (if not weeks in advance), albeit I didn’t get any sleep the night before thanks to the nerves. The hearing went off without a hitch, the sentencing note was uploaded well in advance and was well received by the judge and the Defendant was sentenced. And that was that.

As I reflect on the days and weeks leading up to my second six I can vividly remember the ratio of nerves to excitement constantly changing with each passing day. When I started my pupillage, the prospect of standing up and actually addressing a judge seemed terrifying. Then, the closer I got to that day the more the excitement and nervousness (the good kind) took over. When I started properly on my feet, I was busy from day one, with multiple hearings every day of the week. I liked it that way and wouldn’t have changed it for anything else. It was the momentum, the nerves and the excitement which propelled me forward. I didn’t realise it then, but this was to be my life for the next 6 months. And it was.

I successfully completed pupillage on 6th March 2024. I was in the middle of a mild work-related melt down over something I now can’t even recall, when my supervisor rang me. By this time, he had been made up as a Judge and so I thought it must be important if he is calling in the middle of the day. I answered and he delivered the good news. Elation and relief are the only memories that come to mind from that day. Everything else was a blur.

I am now three months into tenancy and enjoying every minute of the work. Whilst nothing much has changed, there is a marked sense of relaxation from the weight being lifted off your shoulders. The feeling of ‘observation’ no longer lingers over me and I am able to just get on with the work in my own way. But still, the support network never changes. Even though I am no longer a pupil, I still know so little in the grand scheme of the criminal bar. Every day is a school day cannot be understated, so much the case that it featured as one of my supervisor’s Ten Rules of Pupillage. The rest is a secret for me!

Chambers was, and continues to be, a very secure and safe environment for me to voice things and ask questions and learn from more senior barristers. So much is the case, that I was lucky enough to undertake an internal advocacy training course which was run by David Temkin KC. Not only was the training and feedback invaluable, but I know these sorts of sessions are not offered at other chambers.

In short, pupillage and tenancy were everything I wanted them to be. Hard but rewarding in equal measures. I feel confident that I have made the right choice in career and chambers.

Dear Diary,

We did it. The little island girl from a land of rhythm and tempo with a land mass of only 166 square miles has successfully completed pupillage in England and Wales.

I am delighted and blessed to have been offered tenancy at such an outstanding Chambers. I vividly remember Jonny’s phone call offering me tenancy. I spent so many years describing myself as an aspiring barrister that the first time I heard myself being referred to as a barrister felt surreal. The years of dedication and commitment all led to a single moment filled with a wave of emotions.

Let me bring you up to speed on what has occurred during my second six. My first hearing was a Stage 3 in North Shields. I was nervous. I desperately hoped that my submissions would be fluid, effective and persuasive. As I walked into the court, I could hear my thoughts screaming “Mutter a few words to check that you can still talk.” My thoughts were immediately interrupted by a very pleasant Judge who stated that the usher informed him that this was my first day on my feet. A sense of relief swept over my body. My opponent was kind and my submissions were delivered in a competent and effective way. By the time I completed the hearing, I felt as though the anxiety was reduced.

I spent most of my second six drafting advice and undertaking road traffic accident small claims hearings, Stage 3 hearings, applications and employment cases. I still feel nervous before every case. My mum used to tell me as a child “Nervousness is good.” Her comment was always followed by my dad’s statement “It means that you respect the process.” I think that the day that I stop feeling nervous is the day that I should leave the profession.

My second six was filled with high quality work from the inception. After a month of being on my feet, I was instructed to attend a 4-day employment tribunal hearing. Although the task appeared insurmountable, I performed exceptionally well due to the steadfast assistance of my pupil supervisor Ashley Serr. That case brought with it numerous lessons regarding disclosure, discerning the key legal issues from large bundles and managing clients’ expectations.  It was a physically and mentally demanding trial but it was incredibly rewarding.

I had a community of barristers who assisted me throughout second six. I never hesitated to contact someone if I had a query or a concern. All of my queries were always answered. Chambers has an incredibly supportive professional environment. Questions are encouraged as it is widely accepted that we never stop learning.

I am now 5 weeks into tenancy.  My first instruction as a tenant was to represent a client in a 10-day employment tribunal. The magnitude of the case prompted me to initially question my capabilities. There is a repetitive cycle of doubt that attempts to hold my positive thinking hostage. It always takes tremendous fortitude to shove it out of my mind. I reminded myself that I am capable and I have a wealth of knowledge and experience all around me in the form of excellent barristers. I prepared thoroughly and sought guidance from Ashley Serr and Paul Kirtley (“PK”). My efforts yielded a successful settlement for my client.

The habits I developed in second six continue into my practice as a tenant. Practice does not necessarily feel any different to being a second six pupil. Chambers continues to be supportive. I continue to discuss my cases with other barristers in Chambers. As a baby barrister, I gain and benefit from their experiences and wisdom. My practice is rapidly growing and developing. Positive feedback from my instructing solicitors has led to repeat instructions.

Cheers to the conclusion of a chapter which granted me an educationally enriching pupillage. Here is to the beginning of a new chapter which encompasses God’s continuous guidance, a thriving practice filled with satisfied clients and numerous learning opportunities!

Yours truly,

Nia Marshall

Black, Blessed, Beautiful, Busy, Barbadian Barrister

End of pupillage: looking back and looking forward

I can’t quite believe that my pupillage at Exchange is coming to an end. Now that my second six is coming to an end, it is good to take the opportunity to look back on what has been and to look forward to what is yet to come.

Looking back, it’s remarkable how much I’ve been able to cram in to the last six months. The quality of work I’m involved in continues to be top-notch, and is also sufficiently varied that I am dealing with a new legal or practice point every single week. This is daunting and exciting in equal measure, as you never quite know what is coming next.

Another major reflection for the last six months is how supportive and collegiate everyone in chambers has been. A good example: I was asked, a couple of weeks ago, to provide an advice on a slightly technical and unusual point to do with Part 36 offers in the context of a personal injury claim. As those who have done the civil litigation exam will know, the interaction between Part 36 and QOCS protection is not straightforward at the best of times, and the specific problem I was presented with had a couple of layers of complexity on top of that. I sent a text to a group of PI practitioners in chambers and, within literally five minutes, I had a call from a more experienced member of chambers offering to talk the case through. The individual in question dropped what they were doing and spent 30 minutes on the phone chewing the case over with me and helping me see the wood for the trees. That is pretty remarkable given how busy everyone is with their own cases. Just one example of the supportive learning environment I have benefited from in chambers.

My final reflection looking back is on how, subtly and slowly, my confidence has developed. I am still nervous going into court, and the day that stops is probably the day I should stop attending court! The area in which my confidence has noticeably grown is dealing with the unexpected and thinking on my feet. Inevitably, unanticipated issues or problems arise in court from time to time. Having the baseline level of confidence to work them through as they arise, and to remember that the judge and your opponent might sometimes be feeling their way towards a solution to the problem just as much as you are, really helps.

As to the future? To be honest, I am just hoping for more of the same. More of the same high quality and variety of work. More opportunities to continue developing my advocacy skills and my paper practice. More time learning from and enjoying spending time with colleagues. Perhaps even, in the longer term, helping to pass on some of the support and encouragement I have had to those joining chambers in the future.