Advice from a Young Barrister

Commencing practice as a barrister is not an easy undertaking. In fact, it may be more difficult to establish a successful practice now than ever before.

The number of very junior barristers in Queensland has ballooned in recent years. As accurately as one can tell from the directory published by the Queensland Bar Association, there have been about 180 barristers admitted to practise in Queensland since the beginning of 2008. Perhaps interestingly, there are more barristers with 3 years or less experience at the Queensland Bar than there are silks (only 136 of the latter appear in the directory).

Whatever the cause for that may be, the consequence is that a large number of junior sole practitioners are competing with each other for the small amount of work suitable for inexperienced barristers.

Against that background, it must also be recognised that the costs of setting up and running a practice are not insignificant. Rent, library subscriptions, stationery, office equipment, secretary’s wages, bookkeeper’s and accountant’s fees, internet and phone bills all have to be paid for before any fees can be earned.

How, then, does one forge a practise which is commercially viable? The answer, at least in my opinion, lies in patience, persistence, hard work, and (as always) a little bit of luck.

The goals in the early days of practice should be to obtain as much experience as possible, to meet as many other practitioners as possible, and to maintain a positive cash flow.

The few pieces of specific advice which follow are provided so as to assist the very junior members of the Bar to achieve those goals I have identified immediately above:

1. Your masters and chamber colleagues are your best source of work in the early days of practise. I would suggest choosing masters whose areas of practise reflect those areas which interest you. The same can be said of chamber groups.

2. In your first month at the Bar, call on as many silks as you can who practise in those areas of interest to you.

3. Think about supplementing your income by tutoring, writing court reports, or contributing for a loose-leaf service.

4. Maximise your exposure to the profession by writing articles or presenting lectures on topics of general interest to practitioners.

5. If possible, for the first 6 months (or so) of practise, avail yourself of the opportunity to squat in another barrister’s chambers or to occupy a reader’s room. Doing so will alleviate some of the financial pressures, and will give you the benefit of familiarising yourself with a group before committing to it.

6. Keep your overheads down: record your time in excel rather than expensive software; casually enlist the assistance of a book keeper; and do you own typing.

7. Keep track of your finances, and account for GST and income tax every time you receive a payment. One method of doing this is to set up a few savings accounts (one for GST, one for income tax), which can be easily managed via online banking platforms, and amongst which any fees received can be distributed proportionately.

8. Make yourself available to accept briefs. Stay in chambers all day even when you are quiet — you never know when the phone will ring, and if you are not there to answer it, the brief will go elsewhere.

9. Take every piece of work in your chosen areas of practice that comes your way. It gives you experience. Experience is the most precious commodity when you start practise; it is (of course) what separates the junior barristers from the more senior. The faster you can gain experience the more you will gain confidence, which will make you a better advocate. It will also make you more widely known.

10. Lastly, be easy to brief – be assiduous, obliging, economical and affable.

It is hoped that the above advice will assist those who are brand new to the Bar, and perhaps those contemplating joining in the near future.

David Chesterman