Ben Rigby profiles 10 promising junior barristers singled 
out as some of the best in the profession

Last year, Tony Williams of legal consultancy Jomati predicted a smaller, consolidated Bar facing "a period of profound change as chambers come to terms with new economic models and business practices". He highlighted a grim future in which companies and public authorities alike would reduce their advocacy spend and increase in-house solicitor advocacy, while public funding would be savagely cut.

The cuts have certainly arrived, with the Government set to slash the £2.1bn annual legal aid budget by £350m. Legal aid delays also hit a new low in September, with reported four-month delays in the payment of criminal legal aid fees, leaving some younger barristers unable to attend court.

Nor is the commercial Bar wholly exempt either; according to Ministry of Justice statistics, there was an 11% decrease in claims in the Queen's Bench Division, including a decrease of 16% in commercial court claims, and of 24% in the Chancery Division.

Add in the potential damaging impact of civil litigation costs reform, and arguably there is a perfect storm impacting on the junior Bar.

However, the barristers Legal Week spoke to exemplify reasons to be optimistic about its future; they demonstrate flexibility, advocacy, hard work, intelligence and personality, partnering with solicitors – and in-house lawyers – to deliver a cost-effective and valuable service. They are commercial in approach, if not by practice area.

They include an advocate for their own cause, in 15 New Bridge Street's Nichola Higgins, chair of the Young Barristers' Committee (YBC). As a criminal barrister, Higgins has two immediate concerns. One is how young legal aid lawyers will react to reductions in remuneration, which she fears will impact upon the diversity of the Bar and discourage some from remaining barristers.

This, she says, "may lead to a 
dip in quality in the future", although such arguments, conveyed to Lord Chancellor Ken Clarke by Bar Council chairman Peter Lodder QC in a letter in October, were bluntly rejected.

Her second concern is the junior Bar's share of the advocacy market, as "there are fewer instructions coming in family and criminal legal aid cases". Higgins stresses: "The bar for talent at the junior Bar is set extraordinarily high – higher every year," but, to safeguard its future, "it is important that young barristers can continue to build a practice".

She says: "Remuneration is only one half of the equation. Young advocates also need to practise advocacy, otherwise the Bar will shrink beyond all recognition." To prevent this, Higgins stresses greater diversification – as articulated by Lodder in January.

Lodder identified the development of corporate procurement vehicles (ProcureCos) in tendering for bulk work, and also maintaining a diverse legal practice.

His strategy is rooted in Nicholas Green QC's well-regarded 2010 report, 'The Future of the Bar'.

Green said the Bar would be subject to greater direct access by in-house counsel, and a November 2010 survey by research company Jures showed a third of in-house respondents had instructed a barrister directly in the last two years (32%), more than twice than in 2008's research (15%) and double the 2006 figures. Thirty-nine percent of respondents suggested they would go directly to the Bar in 2011, particularly for commercial and employment law advice.

Commerciality

Having acted for the Financial Services Authority (FSA) on the recent judicial review of payment protection insurance mis-selling, Fountain Court's James McClelland is no stranger to commercially-significant cases. To him, the junior's art lies in "cutting through a morass of circumstantial information to get to the crucial issues upon which cases turn".

While detail-heavy disputes make it tempting to "bombard the other side, and the court, with material", he maintains: "The key, however, is to isolate the points that really matter and then present your case so that it appears simple, inevitable and, if possible, obvious."

That way, McClelland says: "A good barrister doesn't appear clever, he just appears right."

Traditionally barristers are seen as aloof, but One Essex Court's Conall Patton disputes the myth of the ethereal 'brief', by saying: "Barristers are as likely to give urgent advice out of hours by BlackBerry as in the form of a traditional written opinion."

Sebastian Isaac, also at One Essex Court, agrees – accessibility means you "pick up the phone to each other and talk about how you are going to deal with the case any time", as "the more you talk to each other, the more you are able to work collaboratively".

The difference, Isaac says, is that on bigger cases, inevitably "someone else in the team will have the key knowledge on many issues", and "unless you can help each other with that knowledge, you can't deliver good work. That is a special challenge of these cases".

Littleton Chambers' David Lascelles also recognises that his solicitors rely heavily on strong relationships with commercial clients: "I ensure that the way I work promotes that relationship" by being as "available as possible and providing advice by whatever means suits them best".

St Philips Chambers' Carl Garvie was previously head of Pinsent Mason's commercial litigation team in Birmingham but switched to the Bar to better use his commercial skills after feeling that as he grew more senior, he was "being taken away from the day-to-day involvement in litigation that inspired me in the first place" and the demands of management and supervising cases meant he spent "less time at the coalface".

He wanted to get back to the law, deciding on the Bar "because I felt I'd very much have the opportunity to experience that there and had something to offer". Garvie has always enjoyed advocacy: "Frankly, I had a hankering to do more."

He felt he could "bring my commercial experience to bear for clients, work with them, manage their expectations of the process and get them the right legal and commercial result."

He adds: "Some say the Bar is pompous, and a barrister can want to lead everything, but for me – having been a solicitor – it is about the team. I roll my sleeves up and get stuck in."

A tangled web

One challenge that junior barristers face is the need to balance advocacy skills with working alongside some of the best silks in the business. McClelland says that while led work is the best way to build your profile and learn from leaders in the field, he feels: "It is absolutely vital to learn your craft as a sole advocate." But that can come at a cost: "Squeezing both in can mean working nights and weekends, but if you let the advocacy suffer you are losing sight of the bigger picture."

For him: "When being led, you have to be responsive to your leader's priorities; when you act on your own you have to define the priorities for yourself – that is the key challenge." McClelland's recent CV shows he has had plenty of opportunities for advocacy, and he notes dryly: "If I don't get to my feet regularly I feel strangely inauthentic."

Diversity

There is also the complaint that the Bar represents a white, Oxbridge-dominated, public school-educated social elite. McClelland, acknowledging that perception, says it is unfortunate: "The Bar will only continue to flourish if it is a vigorous and transparent meritocracy."

Having conducted both pupillage and scholarship interviews, he sees "a consistent and meaningful commitment to selecting the very best candidates, whoever they may be". Such funded pupillages and scholarships have helped reduce the cost of coming to the Bar.

He says the Bar "cannot afford to neglect talent, whatever its background", something Brick Court Chambers' Sarah Ford would agree with. Ford – who attended the University of Warwick – tells prospective barristers: "Don't be discouraged by people telling you that you shouldn't bother with the Bar or take the safe route and become a solicitor.

"I knew that wasn't right for me, so I went ahead and had a go. I was lucky enough to get a pupillage at Brick Court and then a tenancy, and so I am very happy I didn't take any notice."

Similarly, Matrix Chambers' Helen Law says: "This is a job you only end up in if a few people believe in you along the way. Jeremy McBride, my tutor at the University of Birmingham, provided invaluable advice without which my career would have taken a very different path."

McClelland says the Bar Council is reaching out to young people, working with the Social Mobility Foundation to provide sixth-form students from low-income backgrounds with short vacation placements. Although such "grass-roots activities necessarily have very limited coverage", over time, he hopes they will have an appreciable effect, laying the ground for the stars of tomorrow.

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ruth-den-bestenRuth den Besten, 
Serle Court

Called in 2001

No stranger to complex, long-running civil fraud trials, Ruth den Besten, nee Holtham, is "smart and tenacious, but with a good sense of humour", says one partner, who "provides excellent support to a leader, but is a force in her own right as an advocate".

Praised for "huge drive and enthusiasm", lawyers say "her paperwork, advocacy and composure will take her to the top" in her commercial Chancery practice. Firms instructing her include Peters & Peters, Hogan Lovells and Field Fisher Waterhouse.

Previously junior counsel in the Lexi Holdings litigation, she is currently instructed on JSC BTA Bank v Ablyazov, for which she is "currently working with a team to distil large amounts of documentation and help prepare our case for trial", having returned from maternity leave.

sarah-fordSarah Ford, 
Brick Court Chambers

Called in 2002

A European Union, competition and public lawyer, Sarah Ford is "intelligent, industrious and insightful" with "an affable style and level-headed approach in the most stressful situations, making her a talented asset to any team".

Ford worked closely with Sir Gerald Barling, president of the Competition Appeal Tribunal (CAT), before his elevation, saying "he was kind enough to introduce me to BT and HM Revenue & Customs when I was a very young junior", and she learned a huge amount from him. Both bodies continue to instruct her, as do Eversheds and Herbert Smith.

Brick Court's Helen Davies QC is also an inspiration to Ford: "She has demonstrated that it is possible to balance a stellar career at the Bar with having a young family." Ford is also the mother of a two-year-old girl.

Career highlights include acting in the long-running Pay TV litigation and acting before the CAT in high-profile, commercial litigation involving Ofcom, Sky, the FA Premier League, BT and Virgin Media, which she says shows "the need for EU and competition lawyers to be commercial litigators".

Carl Garvie, St Philips Chambers, Birmingham

Called in 2008

Ex-Pinsent Masons partner Carl Garvie most enjoys "arguing a tenacious point… where if it is going your way the feeling of satisfaction is tremendous. I enjoy arguing against fellow barristers and also persuading my tribunal of my points; every judge is different, and I like that variety".

One litigation partner praises "his attention to detail, strategic thinking and commercial acumen", while another says: "He is robust when he takes a stand and sticks to it", often being proven right.

One silk says: "Clients want to know whether they are going to win, how long it is going to take and how much it is going to cost. Carl is not afraid to provide the answers to those questions.

"He recognises that a deal which is commercially acceptable to the client is often much more valuable than a favourable judgment after an expensive contested trial."

nichola-higginsNichola Higgins, 
15 New Bridge Street

Called in 2005

Higgins chose criminal law because it "deals with the liberty of the subject, and that liberty is sacrosanct". She says: "It is important to keep the struggle between authority and liberty in check. A conviction can have devastating consequences for both the individual and their family – ultimately you cannot regain the time you have lost as a result of losing your liberty."

Recent career highlights include a Serious Fraud Office (SFO) overseas corruption case, the culmination of a four-year investigation into the London reinsurance market.

The case brought together insurance practice, company 
law, allegations of corruption 
in the payment of kickbacks 
in placing reinsurance, and a 
high-profile prosecution, leading to a negotiated plea agreement, one of the very first agreed in the SFO's history. One QC calls her "extremely bright and a hard worker; a rare but devastating combination", while one solicitor says she fights "very hard in court on the client's behalf", including standing up to judges.

Sebastian Isaac, 
One Essex Court

Called in 2005

Highly commended last year, Sebastian Isaac breaks into the top tier thanks to following his "excellent" work on the Tajik Aluminium case, in acting as a junior on the landmark Berezovsky v Abramovitch litigation, alongside Laurie Rabinowitz QC, instructed by John Kelleher at Addleshaw Goddard.

Commentators say Isaac is "extremely sought after", as he is a "brilliant junior with fantastic legal acumen" who can "turn his hand to almost anything and is very responsive". With instructions from Herbert Smith, Osborne Clarke and Hogan Lovells, Isaac's popularity seems set to continue.

Isaac himself cites Rabinowitz, Richard Gillis QC, his ex-pupilmaster, and his clerk, Daniele Thripp, as important influences, saying: "Barristers overlook the fact that their careers are built on the quality of their clerking team. Mine certainly is."

david-lascellesDavid Lascelles, 
Littleton 
Chambers

Called in 2003

Commentators describe the "very diligent and user-friendly" David Lascelles as: "A well-rounded individual, clever without being overbearing or arrogant," and say he is "equally adept in developing both his commercial and employment practice".

With a track record in acting for businesses, senior managers and directors on subjects ranging from commercial fraud and shareholder disputes to urgent business-related injunctions, Lascelles 
aims to deliver clear and pragmatic advice, saying: "I never sit on 
the fence.

"They need as soon as possible to know the risks but, most importantly, they want a solution and to formulate a winning strategy," he adds. He says he is there to "fight their corner", which, he says, "should be apparent from the hard work 
we put in, if necessary at short notice and outside ordinary business hours".

helen-law2Helen Law, Matrix Chambers

Called in 2004

The year 2011 has been an impressive one for Helen Law, who says her diverse practice "strikes a healthy balance between crime, public law, human rights, police and prison law and public international law". Law was instructed by the Crown Prosecution Service to prosecute in two successful high-profile Parliamentary expense fraud trials: R v Lord Taylor, in which she appeared alone, and R v Lord Hanningfield, led by Clare Montgomery QC.

One QC says of the Taylor trial that she handled a "sensitive, very high-profile prosecution – despite some raised eyebrows, given her youth – and rose to the challenge. Taylor was convicted, and Helen's performance was outstanding".

Law also devotes significant time to pro bono work, saying: "Much of the Bar lives a comparatively charmed existence, notwithstanding the economic climate; I strongly believe pro bono work is the very least we can be expected to give back." She finds it "very satisfying", saying "a client's gratitude can be a humbling thing".

Ben Lynch, Devereux Chambers

Called in 2001

Those who know Ben Lynch say his breadth of practice spans insurance coverage work and professional liability as well as telecoms disputes. Solicitors describe him as "very pragmatic, extremely thorough, [someone who] develops a good rapport with clients who are facing claims and a solid ally for his instructing solicitors" – those from firms including Fishburns and Mayer Brown and companies including BT and Bar Mutual.

A likeable, personable junior, he says: "I try not to lose sight of what the team wants and try to remain grounded at all times, always putting the client and team first."

He names three people at Devereux Chambers as particularly inspiring. First, Colin Edelman QC, "chiefly for his clarity of thought and expression". Second, Colin Wynter QC, saying: "As a pupil doing a third six, he showed me the value of being a subtle thinker and how then to use that in court."

Third is Graham Read QC, after having "learned a huge amount from his approach to cases, his attention to detail and his deep understanding of that detail".

james-mcclellandJames McClelland, 
Fountain Court Chambers

Called in 2004

Cerebral but confident and cheerful, McClelland combines first-class academic interests with a burgeoning legal career of great depth and diversity, spanning commercial litigation with regulatory, employment 
and public law, having also 
chalked up appearances in the bank charges litigation.

Solicitors say McClelland's "submissions are pertinent, succinct, clear and coherently made, with crisp answers to judicial questions delivered in an astonishingly engaging manner". Another says: "He takes a very common-sense approach and remains focused on the goal, not the process."

Such breadth, he says, requires constant legal updating, which can feel like "swimming against the tide", but can "only enhance your practice", saying: "Modern disputes can rarely be neatly pigeon-holed and frequently sprawl between a number of areas of law."

Conall Patton, 
One Essex Court

Called in 2004

Backed by a bluechip list of instructing solicitors that include SJ Berwin, Slaughter and May, Baker Botts, Freshfields Bruckhaus Deringer and Norton Rose, Conall Patton's talent is clearly infectiously attractive to commercial litigators and arbitration lawyers.

Having cut his teeth on the 77-day-long trial of the Digicel v Cable & Wireless case, lawyers say Patton is "clever and hard-working, with sound judgment, a good writing style – in short, the complete package".

Patton hails Lord Grabiner QC, who also led him in the Supreme Court, saying: "The biggest lesson I have learned from him is the power of brevity: you win cases by finding the killer point and making it succinctly and by avoiding being long-winded or using emotive language."

Highly commended up-and-coming barristers

Other barristers of note include: Sebastian Allen of Wilberforce Chambers, called in 2006; Karim Ghaly of 39 Essex Street, called in 2001; Kate Livesey of 4 Pump Court, called in 2001; Tom Montagu Smith of XXIV Old Buildings, called in 2001; and Robert Weekes of Blackstone Chambers, called in 2003.

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Methodology

Legal Week contacted over 200 solicitors, barristers, Queen's Counsel and senior clerks to ascertain their views of London's junior barristers over a four-week period. We received over 140 responses and followed up on references by email and telephone, selecting junior barristers from the total of over 250 who were recommended with 10 years call and under from all circuits in England and Wales.