As regular readers of Legal Week will almost certainly know, the cultivation of the next raft of talent at the Bar is big news. Back in April this year, the Bar Council launched a consultation on proposals developed by the 'Entry to the Bar' working party. These proposals focused principally on how the profession can best ensure that the Bar is equally open to all, irrespective of socio-economic background, ethnicity, age, gender, or disability.

However, far less has been said about how to ensure that, once junior barristers have entered the profession, they are given the same opportunities to succeed in their careers as everyone else. As if getting into chambers is not hard enough (figures from last year show that only about 18% of Bar Vocational Course students received a pupillage offer), the next battle facing 'baby barristers' is cultivating a successful career. The role of the modern clerk in this process simply cannot be underestimated. Clerks have the gift of the work, and as such are in a strong position to shape the future for many a young barrister.

An evolving role

Whether you speak to a barrister or a clerk, there is little doubt that the role of clerks has changed significantly over the years. In the earliest days of the profession, the role of the clerk was arguably to do little more than run the gentleman's club and perhaps cut the occasional deal. Nowadays, however, the function carried out is far more sophisticated – and this is reflected in the array of titles which are used to describe practitioners: clerks, practice managers, chief executive officers, administrators. Some might say, indeed, that the range of titles reflects a lack of homogeneity. However, the fact is anyone who works within chambers and is predominantly concerned with meeting the needs of the clients, rather than actually practising the law, is generally fulfilling a clerking role. In solicitors' terms, you might call them 'non-fee earners'.

Much ink has already been expended elsewhere discussing the changing role of clerks over the years, and the intention of this article is not to go over such ground. The point is that the role played by the clerk is much more commercial now than ever before. Clerking essentially constitutes a management role, and as any manager from Richard Branson to Clive Woodward will tell you, a major part of management is getting the best out of people. In this respect, the role of the clerk is no different.

A modern clerk will take an active interest in developing the skills and aptitudes of its junior barristers to ensure that firstly, members are guided towards areas where their careers will flourish (for instance, encouraging natural orators towards advocacy) and secondly, that the chambers as a whole has the right balance of expertise to allow the entire set to flourish (for instance, exposing junior barristers to insolvency work in the expectation that this type of work will increase in future years).

This links in to the entire philosophy underpinning the set. One of the core beliefs of our chambers is that our barristers should specialise in advocacy first and specific legal disciplines second. To give an example, Ian Croxford QC has worked on everything from pursuing vulture funds in Zambia to acting on behalf of Fulham FC and representing Mohammed Al Fayed at the inquest into the death of Princess Diana. This has encompassed a huge range of law, but clients retain him for his advocacy skills first and his legal knowledge second. The only means by which we can instil this ethos in the next generation of barristers is by taking an active and systematic role in cultivating their careers from day one.

The old school tie and Clementi

Given the increased centrality of commercial considerations to the clerking role, it stands to reason that there is little tolerance of the 'old school tie' or 'old boys' network' which might once have dictated the allocation of work. Put simply, there is no room for favouritism, only the allocation of work according to merit and organisational needs.

This is brought into even sharper focus with changes on the horizon in the shape of the Legal Services Bill. Now more than ever, chambers will need to develop a brand consistency across the set. It will be no good having one or two talented individuals in a team if the majority of members do not come up to scratch. If people come to Bloggs Chambers, they need to know that no matter who is assigned to their case, the individual will be of the highest standard – consistent with the brand.

Best practice

The impending changes brought in with the Legal Services Bill should not represent a major challenge to most chambers in this regard. The Bar Council already produces an equality and diversity code which provides strict guidelines relating to fair access to work and allocation of work in chambers. This expressly states that "chambers must take all reasonable steps to ensure that the affairs of chambers are conducted in a manner which is fair and equitable for all barristers. This extends to the fair distribution of work among pupils".

Again, though, it is important to understand that this very code simply enshrines beliefs and values that have been held dear by the clerking profession for several years. The rules were not imposed from above, but generated from practitioners.

The fundamental point to remember is that a clerk will feel a failure if a barrister is a failure. Our overriding priority is to guarantee the success of the chambers as a whole and we would be negligent in our duties if we were not to guarantee that each barrister got a fair crack of the whip.

Best practice, in practice

How this translates into practice is quite straightforward. When we are offered a case, the clerk concerned is required to complete a case enquiry form. This will include details such as the name of the solicitor making the instruction, the name of the clerk involved and the nature of the enquiry. It will also show who the clerk recommended and indicate whether the solicitor chose to use a particular barrister out of their own preference or based on the clerk's recommendation. Every quarter, our equality and diversity officers review these forms and ensure there is a fair distribution of work.

We meet regularly with our barristers to plan the way ahead for their practice and their career. We will devise business development strategies that include organising speaking opportunities, introducing them to senior members of chambers and silks and targeting potential clients. We have been doing things for years which some law firms (and indeed, some other businesses) have only recently cottoned on to, such as 360-degree appraisals.

The professional standard of clerking has increased exponentially over recent years, as evidenced by the introduction of the requirement for formal qualifications by the Institute of Barristers' Clerks, and this has been recognised by both the Bar Council and barristers as a whole. Clerks are key advisers to barristers throughout their careers, not just in terms of exposing them to areas of work where they are less experienced or pushing them towards an advocacy or advisory work, but also by helping them decide which type of law they should work in, what fees they should charge and when they should apply for silk status.

It is plain to see, then, that the aptitude of the modern clerk in managing the career of a junior barrister can make a huge difference. A talented junior will always succeed, as the cream always rises to the top, but a great clerk can ensure that their rise is simpler, swifter and sustainable. This is our belief, and we think it works. In all our years of trading we have never lost a barrister to another set – only to the bench. In 2005, we took on three juniors (at a time when many other sets were not offering any pupillages at all) and they have subsequently helped us smash all our previous earnings records. This year we have taken on a further two juniors, and look forward to helping them establish themselves as among the best in their chosen fields.

Declan Redmond is senior clerk at Wilberforce Chambers.