How do barristers get silk

Alternative Dispute ADR is the general term for the various ways in which disputes can be resolved without or as an alternative to litigation. Litigation is a costly solution and the varying forms of ADR offer a way to either resolve the dispute through legally binding determination by a convener such as in Commercial or Family Law Arbitration, or in Expert Determination or to try mediation in an attempt to come to a mutual agreement to resolve the dispute without determination by a third party.

Increasingly, Australian barristers have expertise in domestic and international commercial arbitrations with many approved as arbitrators with national and international bodies. Other forms of ADR include mediation, expert determination and hybrid dispute resolution processes. The usual route to a barrister is through a solicitor. Solicitors have good working relationships with barristers and are likely to be able to identify the most suitable barrister to deal with your case.

Assuming that the barrister identified is available and that there are no conflicts of interest, they are under a duty to take on your case under the 'cab rank' rule.

You jest. And complete a Bar Vocational Course at one of the validated institutions throughout the country. How do you get on one of those? These take one year full-time or two years part- time. When you've successfully completed the BVC you are called to the bar. Then you can start to practise as a barrister.

Next stop silk. It's not that simple. You have to complete a period of "pupillage" in barristers' chambers. That's what I'm up for, isn't it. Pupillage - two periods of six months under the guidance of an experienced barrister. Then bingo! Not quite. When they qualify, practising barristers must either obtain a tenancy in a set of chambers and work from there for at least three years, or with a barrister who has at least five years' experience. What skills are needed? In , I considered that the cases I had had and the ones coming up were sufficiently heavyweight that they would support an application.

The selection process is lengthy — I was interviewed in October , with the results announced in January It meant I had the process hanging over me for more than two years, and you have to consider whether you can deal with the pressure for that length of time. They require specific examples. Example: I had to ensure that the witness was at ease and able to give her evidence in a manner that enabled her to be understood. Activity — How did you go about that task?

This is the part which requires the most detail. In court, I asked the judge to limit questioning so she would not become tired or distressed.

I wrote my questions out in advance to ensure they complied with the requirements of the Intermediary. I was able to put my case in ten questions. Example: the witness did not have to give evidence for long, she was at ease throughout her evidence and we achieved a conviction. You will have to give several examples like this, for every competency. Download the form and read the guidance, as it will tell you what the panel wants. In the year between downloading the form and applying, continually review your cases to see which competencies you have evidence of.

This will prove a useful exercise when it comes to the interview, because the panel will be looking for further evidence of competencies other than those on the form. The reference criteria changes year to year, but you will need to take your referees from the 12 cases on your form.

You can nominate specific judges, therefore consider which ones will take the time to think about your form and fill it in fully — the more detail the better. If you get an interview it means the panel believe you have the potential to be appointed. Buy yourself a new shirt or suit — you want to feel smart when you walk into the room. Links Privacy.

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