Applying for silk is a big step. It’s expensive, it’s stressful, it’s time consuming and yet, every year hundreds of barristers and solicitors put themselves through the tortuous process. If you are considering applying, then this article is written to give you a few things to consider before you send off that cheque for £3,000.
Timing is everything
When do you apply? The form requires you to list 12 significant cases from the last two years. However, that does not mean you should be looking back at your practice and applying when you feel you have got two years’ worth of good cases under your belt.
Ideally you should review your practice the year before applying for silk and ask yourself, over the last 12 months, have I had six or seven serious cases? For the definition of a serious case, the QC Appointments (QCA) website offers guidance.
If you feel you have had a solid year, then look to your diary for the next 12 months – are you likely to continue in the same vein? If so, then download the current application form and start practising filling it in.
In 2014, I considered that the cases I had had and the ones coming up were sufficiently heavyweight that they would support an application. That meant in March 2015, I downloaded that year’s form, applying in March 2016, by which time I had the 12 cases.
The selection process is lengthy – I was interviewed in October 2016, with the results announced in January 2017. 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.
A STAR form
The form itself is competency based, and the panel does not want to simply hear ‘I am an excellent advocate’. They require specific examples. Use the STAR acronym: Situation, Task, Activity, Result.
Situation – In one line, what was the case and what was the difficulty?
Example: I prosecuted a rape trial whereby the complainant was a four-year-old girl.
Task – What did you have to do?
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.
Example: I attended the Vulnerable Witness Training course and studied the Advocate’s Gateway, so that I knew to ask short, direct, non-leading questions. I met the witness beforehand to introduce myself and talked to her about her favourite book/TV programme, to put her at ease. 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.
Result – What was the outcome?
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.
Remember your references
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.
The interview
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.
Review your form, think about the competencies you have given, be prepared to expand upon them, and review your cases from the last two years so that you have at least two examples for every competency they are testing.
The interview is relatively friendly. Stick to the same STAR rubric you used for your form – they want evidence of your competencies,
not simply anecdotes and assurances.
One area many people struggle with is the equality and diversity competency. Consider cases where you have dealt with someone with a disability, or where someone’s sexuality has been an issue. Consider any volunteer work you have done, perhaps work encouraging
teenagers from disadvantaged backgrounds to come to the Bar. The panel wants you to show that you approach each case with the same professionalism, and that you can make adjustments if a person has particular needs.
The interview lasts about 40 minutes, and the panel will focus on any areas that they feel they do not have enough evidence of. Then, you wait!
One of my considerations when applying for silk was the financial position I may be in. It is generally considered acceptable to undertake junior work for a year following on from taking silk, and I had some junior work in my diary which I was prepared to keep.
Within months, I had my first silk instructions. I was fortunate in that I also sit as a recorder, therefore, when work was quiet, I filled in with sitting.
It is a big cultural change. You go from being an extremely busy junior to having large periods of time when you are not working. You have
to accept this as the new norm and embrace the downtime as it means you have time to prepare cases.
It is a risk, financially, and I made sure I had savings in case it did not go to plan, but that is part of the challenge.
I was lucky in that I took silk the first time I applied, but for those who do not get it, the QCA offer feedback, for both the form and interview. This means you can reflect on your weaker areas and know where to try and improve for the following year.