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Our industry, like every other, has experienced a profound series of changes since March. The initial flurry of activity to move all members and staff to remote working was followed by large fluctuations in work across different practice areas, the cessation of jury trials, the almost total shutdown of the criminal Bar and the move to online hearings in other parts of the Bar.
Some were already set up well for working from home, while others had to jostle with members of their household for working space or commit their kitchen table to the cause. This was particularly the case for pupils and juniors who often co-habit with others in attempt to spread the costs of living in, or close to, London. Parents and care givers found themselves with the fresh challenge of working while juggling childcare, home schooling and other commitments – no mean feat when barristers are required to spend long periods of time concentrating on complex issues and problems.
As lockdown and social distancing eases, and as chambers begin to repopulate, there remains uncertainty about the coming months, particularly in relation to work streams and income, commuting into London and whether, or for how many days a week, to move back into chambers. The concern about the overall impact this period will have had on individual practices remains. It is important for chambers to recognise all these issues and to develop strategies to support the wellbeing of its members and staff through this time.
Pupils are faced with a particular set of challenges. Much of the learning during pupillage comes from observing: sitting in conferences with a pupil supervisor, listening to phone calls, watching court hearings, and absorbing the ‘softer’, client handling skills, that are essential to barristers. The absence of face-to-face contact with their supervisors or the opportunity to spend time with other members of chambers can reinforce a feeling of disconnection and can hamper their training. At the criminal Bar, many barristers will have had no work over the last four months and thus for some pupils, their pupillage training/learning criteria will not have been met. Moving forward, pupillage will undoubtedly be more remote and chambers must embrace innovative ways to teach, mentor and support pupils.
Chambers will also recognise that opportunities for advocacy, one of the most important skills for pupils and new tenants to have early exposure to, will be more limited and we should consider more widely other ways to help. These might include additional advocacy training programmes, specific cross-examination skills sessions run by senior members of chambers and inviting (where possible) pupils and new tenants to tune in to their trials or applications. One must not underestimate the importance of observing court sessions and then having the opportunity to discuss them directly with the member of chambers afterwards. Developing one’s own personal courtroom style takes some time and having exposure to others’ is an essential part of the process. Training initiatives like this will also have the additional benefit of creating a more collaborative and inclusive chambers environment as well as enhancing the overall experience for pupils and new tenants.
Mentoring schemes in chambers are extremely important, particularly in times such as these. A mentor is there to nurture and support their mentee. Mentors can be barristers and clerks, though a pupil or junior tenant will need a barrister mentor as a basic requirement. The space must be protected and safe so that the mentee can raise, reflect upon, and unpick concerns and difficulties in their practice or with relationships in confidence and reflect without repercussions. Mentors both champion and challenge their mentees and mentees can learn from their mentors’ experiences and, indeed, vice versa. Particularly in an industry without an appraisal system or an infrastructure of support, mentoring is essential to personal, professional and career growth. It is protective of good mental health as it is the space in which vulnerability can be shown and possible deteriorations in wellbeing and mental health can be detected and addressed. During pupillage, a mentor is independent of the assessment and voting for tenancy for their mentee. Thereafter, the relationship remains equally important, but meetings may become less frequent as tenants settle into life at the Bar. At all times, meetings must be regular and mentors need to be available for support and guidance at all times.
A good, robust wellbeing policy is now more important than ever because the risks of mental health difficulties across the Bar is even higher than it was previously due to the COVID-19 pandemic and its effects. A well thought through policy, like any good policy, is protective and allows for proactive and pre-emptive decision making and it is advisable for the policy to be drafted by a mental health professional, whose experience is invaluable. It sets out a clear structure to follow if there are wellbeing or mental health concerns in chambers and it raises awareness and reduces stigma associated with mental health issues and wellbeing. In line with this, every set should have a few barristers, clerks and members of staff who are trained in mental health first aid, so that there is a named point of call for anyone who is struggling.
Both the last five months and the period of transition back into chambers has, and will increase, overall levels of anxiety for many members and staff. The anxiety can reach a point where it becomes overwhelming and while anxiety cannot always be removed, it can be managed and reduced. A number of effective strategies are outlined below:
Finally, if you are worried about yourself or a colleague please don’t wait to seek help. Get in there early. It does not need to be a long-term intervention and for many, relief and management strategies can be gained in very few sessions. All that waiting to seek support does is entrench the difficulty and ensure that treatment will take longer.
Dr Anna Colton is a clinical psychologist, executive coach and speaker specialising in the Bar. She works individually with barristers, with sets of Chambers and the Institute of Barristers’ Clerks.
Lucy Burrows is Deputy Senior Clerk at 3 Verulam Buildings and sits on the Bar Council’s Wellbeing at the Bar Committee. She is also chairs the Equality, Diversity and Inclusion Committee of the Institute of Barristers’ Clerks.
Our industry, like every other, has experienced a profound series of changes since March. The initial flurry of activity to move all members and staff to remote working was followed by large fluctuations in work across different practice areas, the cessation of jury trials, the almost total shutdown of the criminal Bar and the move to online hearings in other parts of the Bar.
Some were already set up well for working from home, while others had to jostle with members of their household for working space or commit their kitchen table to the cause. This was particularly the case for pupils and juniors who often co-habit with others in attempt to spread the costs of living in, or close to, London. Parents and care givers found themselves with the fresh challenge of working while juggling childcare, home schooling and other commitments – no mean feat when barristers are required to spend long periods of time concentrating on complex issues and problems.
As lockdown and social distancing eases, and as chambers begin to repopulate, there remains uncertainty about the coming months, particularly in relation to work streams and income, commuting into London and whether, or for how many days a week, to move back into chambers. The concern about the overall impact this period will have had on individual practices remains. It is important for chambers to recognise all these issues and to develop strategies to support the wellbeing of its members and staff through this time.
Pupils are faced with a particular set of challenges. Much of the learning during pupillage comes from observing: sitting in conferences with a pupil supervisor, listening to phone calls, watching court hearings, and absorbing the ‘softer’, client handling skills, that are essential to barristers. The absence of face-to-face contact with their supervisors or the opportunity to spend time with other members of chambers can reinforce a feeling of disconnection and can hamper their training. At the criminal Bar, many barristers will have had no work over the last four months and thus for some pupils, their pupillage training/learning criteria will not have been met. Moving forward, pupillage will undoubtedly be more remote and chambers must embrace innovative ways to teach, mentor and support pupils.
Chambers will also recognise that opportunities for advocacy, one of the most important skills for pupils and new tenants to have early exposure to, will be more limited and we should consider more widely other ways to help. These might include additional advocacy training programmes, specific cross-examination skills sessions run by senior members of chambers and inviting (where possible) pupils and new tenants to tune in to their trials or applications. One must not underestimate the importance of observing court sessions and then having the opportunity to discuss them directly with the member of chambers afterwards. Developing one’s own personal courtroom style takes some time and having exposure to others’ is an essential part of the process. Training initiatives like this will also have the additional benefit of creating a more collaborative and inclusive chambers environment as well as enhancing the overall experience for pupils and new tenants.
Mentoring schemes in chambers are extremely important, particularly in times such as these. A mentor is there to nurture and support their mentee. Mentors can be barristers and clerks, though a pupil or junior tenant will need a barrister mentor as a basic requirement. The space must be protected and safe so that the mentee can raise, reflect upon, and unpick concerns and difficulties in their practice or with relationships in confidence and reflect without repercussions. Mentors both champion and challenge their mentees and mentees can learn from their mentors’ experiences and, indeed, vice versa. Particularly in an industry without an appraisal system or an infrastructure of support, mentoring is essential to personal, professional and career growth. It is protective of good mental health as it is the space in which vulnerability can be shown and possible deteriorations in wellbeing and mental health can be detected and addressed. During pupillage, a mentor is independent of the assessment and voting for tenancy for their mentee. Thereafter, the relationship remains equally important, but meetings may become less frequent as tenants settle into life at the Bar. At all times, meetings must be regular and mentors need to be available for support and guidance at all times.
A good, robust wellbeing policy is now more important than ever because the risks of mental health difficulties across the Bar is even higher than it was previously due to the COVID-19 pandemic and its effects. A well thought through policy, like any good policy, is protective and allows for proactive and pre-emptive decision making and it is advisable for the policy to be drafted by a mental health professional, whose experience is invaluable. It sets out a clear structure to follow if there are wellbeing or mental health concerns in chambers and it raises awareness and reduces stigma associated with mental health issues and wellbeing. In line with this, every set should have a few barristers, clerks and members of staff who are trained in mental health first aid, so that there is a named point of call for anyone who is struggling.
Both the last five months and the period of transition back into chambers has, and will increase, overall levels of anxiety for many members and staff. The anxiety can reach a point where it becomes overwhelming and while anxiety cannot always be removed, it can be managed and reduced. A number of effective strategies are outlined below:
Finally, if you are worried about yourself or a colleague please don’t wait to seek help. Get in there early. It does not need to be a long-term intervention and for many, relief and management strategies can be gained in very few sessions. All that waiting to seek support does is entrench the difficulty and ensure that treatment will take longer.
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