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Questions
commonly asked
How
do I apply to become a barrister in NSW?
Visit the 'Practising as a barrister
in New South Wales' section of this web site.
Does admission as a lawyer entitle
me to practise as a barrister in New South Wales?
Visit the 'Practising as a barrister
in New South Wales' section of this web site.
What is 'The Reading Programme'?
Having
passed the three qualifying exams, and commenced reading, the reader
must satisfactorily complete:
Do
I need special qualifications for entry to the Reading Programme?
No, except that you must have been admitted
by the Supreme Court of New South Wales, prior to 1 July 1994
as a solicitor or barrister, or as a legal practitioner, or (from 1 October 2005) as a lawyer
and have passed all three Bar exams.
See also: the 'Practising
as a barrister in New South Wales' section of this web site.
What will the exams and course cost me? Are
there any extra costs?
The administration fee payable upon registration for the Bar exams
is $200 per exam. That fee is not refundable. Late registrations
will close at a time determined by the Director of Professional Development.
The fee for the Bar Practice Course is $3,000. There is a charge
for a practising certificate. Professional
indemnity insurance costs are arranged privately by individual
barristers. Premiums depend upon the Insurer engaged.
Expenses incurred once practice has commenced vary greatly. Applicants
should discuss monthly outgoings with the clerk of the chambers
at which they intend to read.
How do I arrange professional indemnity insurance?
Details are included with the practising certificate application
form or are obtainable from the Bar Association's Reception. Proof
of holding professional indemnity insurance must be submitted before
a practising certificate can be issued.
See also: the 'Practising
as a barrister in New South Wales' section of this web site.
Are exemptions from the Reading Programme granted?
Generally, no. See 'Exemptions'
under Bar exams, and under Reading Programme.
What is the registration procedure for the bar
practice course?
Once the Bar exams are passed, the Bar Association forwards the
registration forms for the Bar Practice Course to eligible candidates.
If I fail any of the exams, can I still do the
Bar course before I re-sit the exams?
No. All exams must first be passed before you are offered a place
in the course.
Why does the Bar Association conduct its own
examinations?
See: 'Rationale of the Bar exams'.
Can I obtain an exemption if I have already done
any of those examinations at university?
No.
The examinations have a specific practical orientation towards advocacy
and the Bar, which university examinations do not have.
What is a tutor?
A
tutor must be a barrister of not less than seven years standing
who is not a senior counsel. Barrister 5-7 years may apply to the
Executive Director for inclusion on the list. A reader must have
at least one tutor, but not more than two. Each tutor is required
to be on the Statutory List.
Bar Council tutor policy
How do I get a tutor?
Prospective readers arrange their own tutors by way of approaching
either a set of chambers that has a practice orientation appropriate
to the experience or intentions of the reader, or a practitioner
whom they know through briefing or by reputation. So you can arrange
a readership directly with someone known to you, or with someone
available in the chambers to which you apply. All tutors must be
on the Bar Association's 'Statutory list of tutors'.
These arrangements should be initiated at least six months before
coming to the Bar. Prospective readers are strongly advised to have
two tutors, rather than one.
What is the 'Statutory list of tutors'
The list is a requirement of the Legal Profession Act 2004. It is now part of the
'Find
a barrister'
database. The list is updated when members
qualifying by way of attaining seven years seniority are asked if
they would be prepared to undertake the duties of tutor to any new
barrister. The listing includes chambers, details of areas of practice
interest, and names of any previous readers.
Prospective readers should select a few names from the list, bearing
in mind that new tutors, although they do not have a list of past
readers, may have enthusiasm and time to give to their new role.
Having selected some names, contact the chosen barrister's clerk,
provide a current curriculum vitae and arrange for an interview
with the barrister. You may also like to contact previous readers.
Their contact details are usually available in the barrister's directory
on the Bar Association web site or on application from the Bar Association's
Reception.
The tutor/reader relationship is very important in establishing
the reader in the first year of practice.
What is the role of a tutor?
Tutors provide a supervisory and mentoring role for new barristers.
New
South Wales Barristers' Rules 112 and 113 outline the tutors'
duties to their readers and the 'Guidelines
to tutors and readers' explains in more detail what can and
cannot be expected of the tutor/reader relationship.
How do I find reading accommodation (chambers)?
Frequently,
accommodation is available on the same floor as the tutor's chambers.
However, this is not always possible. The Bar Association website
contains a register of rooms available to be licensed or which are
otherwise available to readers. Many floors have a reader's room
that is made available at no cost or at a low cost to one or two
readers each year.
Some tutors will share accommodation for a period. This possibility
is generally noted in the statutory list and should be discussed
at the initial interview.
Readers are advised not to purchase chambers immediately. It is
very important to keep overheads as low as possible in the first
year or two and it often happens that practice interests change
or develop in the first year so that a change of chambers may become
desirable. Options to explore include:
(a) Sharing
With the consent of the floor, persons may share a room: the person
who owns, leases or licences the room allows another person to share
it for a relatively low monthly charge.
(b) Floating
Again, with the consent of the floor, a new barrister may 'float'.
Floaters take a chance that at any moment of time, one or other
room on the floor will be vacant. On a floor where the members go
on circuit or do a lot of work in suburban courts, 'floating' can
be less disruptive than it sounds.
How can I keep my overheads down?
You have no need to mortgage yourself to buy expensive chambers.
Wait to assess your library needs. Your floor will have a floor
library and you will be invited to use the personal libraries of
all members on your floor. There is also an excellent Bar Association
library available in the sub-basement of Selborne Chambers. To use
it you must be a member of the New South Wales Bar Association.
Become proficient enough to do your own word processing or share
word processing services with other members of the floor or invest
in a voice recognition programme.
Do I have to have chambers?
The question is often put: 'May I practise from home?' or 'I can't
afford chambers. Why do I need to go to such expense?'
There is no rule prohibiting practise from home. However, new barristers
are strongly advised to obtain accommodation within chambers. It
is important for barristers to be part of a community of counsel
and to be close to the courts in which they practise. Another important
aspect is that there is no limit to the help that is given by one
barrister to another. A new barrister cannot afford to let this
valuable, indeed essential (yet free) help pass by. The philosophy
of the reading period is based on a close tutor/reader relationship,
which is greatly facilitated by the proximity of chambers to courts.
Barristers continually assist one another at all stages of their
careers.
Can I continue to run my private business (or
do other paid work) once I have come to the bar?
It depends upon the nature of the work and the time it will require.
It is envisaged that practice at the private Bar will be a full-time
profession: see conditions 1 and 3 in and New
South Wales Barristers' Rules 74-75. If in doubt, you should
clarify your position with the Director of the Professional Conduct
Department.
What fees do I charge in my early years at
the Bar?
The answer depends on your value in the marketplace. You are advised
to discuss this with your clerk and your tutor. Much will depend
upon the experience you bring to the Bar and the nature of the work
you are undertaking. Advice on this topic is given during the Bar
Practice Course.
It is obligatory to enter into a cost's agreement with the instructing
solicitor or client. This means that parameters for the level of
charging can be contractually fixed before any substantial work
is done.
Where do I buy my robes?
There are several firms from whom gowns, bar jackets, shirts and
wing collars can be purchased, including:
- David
Jones (cnr Castlereagh and Market Sts, Sydney)
- Con
Varnavas Classic Tailoring (Shop 24, Town Hall Arcade, Sydney)
- P
Blashki & Sons Pty Ltd (Sydney Supplier: Skin Deep Clothing, 251 Elizabeth Street, Sydney)
I
don't have anyone to move my admission - who do I ask?
The Legal Profession Admission Board should be contacted regarding
admission formalities including moving admission.
Can I take direct access clients?
See 'Direct access' under Practising
certicate conditions.
How do I advertise myself as a barrister?
The Bar Association on request will provide its practising members'
contact and admission details on the 'Find
a barrister'
database and will notify the Law Society of NSW for the Law Society
Diary.
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