Barriers To Being A Barrister Report

THE HONOURABLE
SOCIETY OF
THE INNER
TEMPLE
THE PEGASUS
ACCESS SCHEME
Final Report to The Honourable Society
of the Inner Temple
Elaine Freer
August 2015
1
Introduction
This research project, funded jointly by Keele University and Inner Temple, explores the role of professional associations
in promoting social mobility within an elite profession, evaluating of the outreach and social mobility activities undertaken
by Inner Temple and focusing, in particular, on the Pegasus Access Scheme (PASS). The broader PhD project addresses
how professional associations are able to engage with, and promote, divisive issues such as social mobility. The project has
therefore led to both the production of an academic thesis, and the evaluation that forms the basis of this report and the interim
report that was presented to the Outreach Committee in March 2014.
1.
The first stage of the research project considered Inner Temples involvement in the Pathways to Law programme and was
informed by data collected by Inner Temples Education and Training Department and analysed by the author. Further
data was collected from a focus group of nine students who had participated in a Pathways to Law session.
2.
The second stage of the research project focussed on the introduction and operation of the Pegasus Access Scheme
(PAS), renamed to the Pegasus Access and Support Scheme (PASS) (during the course of this research). Data came from
questionnaires written and administered by the Education and Training Department; further questionnaires written by
the researcher and administered by the E&T Department; one focus group conducted in person at Inner Temple by the
researcher with four PASS participants; and one focus group conducted via conference call by the researcher with two
PASS participants.
3.
Further data was collected from 12 individual interviews (11 in person and one by telephone) conducted with a variety
of stakeholders. These individuals included chambers representatives (including one from a set of chambers not
participating in PASS); Benchers of Inner Temple, elected members of other professional organisations of the Bar, and
salaried staff of Inner Temple and other professional organisations of the Bar. Some individuals fell into more than one
category.
4.
The rationale behind the research design of data collection from documentary sources, focus groups and interviews
was to explore the issues from the perspectives of the main stakeholders; the students who had experienced the
programme, and whom it was intended to benefit, and members of the profession who were involved in conceiving
and implementing it.
5.
This report does not address the data that was collected relating to the Pathways to Law programme that was
presented to the Committee in both presentation and written form in March 2014 other than where it relates to findings
concerning PASS. A full copy of that interim report is appended to this report for reference (Appendix A), and the
findings presented in that report inform the conclusions reached in this final report.
Executive Summary
Key Findings
a) The overwhelming majority of students who had participated in PASS provided very positive feedback both about the
organisation of the programme, and also their experiences of the mini-pupillages themselves. They were particularly
positive about the approachability, and willingness to answer questions, of barristers whom they shadowed during the
mini-pupillages.
b) PASS is limited by some external constraints. Many factors operate on both the profession and aspirant entrants which
Inner Temple cannot control. Prime examples in this research were the BPTC, and low educational attainment from an
early age. This meant that by the time PASS occurred, some young people had already not secured grades that they
needed to be in contention for pupillage.
c) PASS is also subject to the constraints/tensions generated by a wide range of views as to the aims and objectives of this
(and similar) programme(s). This can produce difficulties in managing expectations and in evaluating the success of
such schemes.
d) Overall, it is suggested that PASS functions very well as a programme which increases mutual exposure between non-
traditional aspirant entrants and the Bar. This may lead to greater acceptance and understanding by both parties of the
strengths of the other. However, its ability to alter the demographic of the profession may not be as pronounced as had
been hoped.
Emerging broader themes

Access to information
Mini-pupillage is a very good way of accessing accurate information about the profession, as the students both see the day-to-
day life of a barrister and can ask questions in an informal environment of those already in practice. This was valued highly by
students both in Pathways (Interim Report, para 3.3) and PASS. They differentiated between 2D advice (that available on the
internet), for example, and 3D advice; (that obtained by direct engagement with practitioners).
Financial constraints
A notable feature of PASS is that it requires participating chambers to pay the travel expenses of the participants, both from
their home to chambers, and to any courts that they are expected to travel to during the mini-pupillage. For around 50% of
those surveyed, this was crucial to them undertaking the mini-pupillage, and the knowledge that financial assistance was
provided allowed them to engage fully in the mini-pupillage without worrying about funding.
3
Mutuality of benefit for chambers and students

There was an acknowledgement from many practitioners that both diversity at the Bar more widely, and mini-pupillage more
narrowly, were of benefit to both chambers and aspirant entrants. All stakeholder interviewees recognised a variety of reasons
why diversity was important to the Bar as a profession, both for the good of the profession and society. Many also recognised
that by having potential applicants in chambers on a mini-pupillage there was as much an opportunity for chambers to market
itself to the candidate as there was for the candidate to market themselves to the chambers. This mutuality of benefit and
exposure was a positive element of PASS upon which almost all participants of every category agreed.
Experiential challenges
As PASS is organised centrally but delivered by individual chambers, there were predictably variations in the experiences of
students on mini-pupillages. Often these were attributable to the size of chambers that they went to and the type of work that
was most prevalent in those chambers, and had no negative effect on the students experience whatsoever. A small number,
however, said that these variations had had a material effect on their experience of the programme. Variations were also raised
to a lesser extent by Pathways students. When work was done in smaller groups led by individual barristers, variations in the
type and accuracy of information given was noted by the participants (Interim Report, pg 2 at b)). Whilst students value the
direct contact, it also introduces variation.
Operational challenges
On the whole, PASS seemed to be running well. A future matter for consideration, however, will be whether its current
efficiency can be maintained as numbers increase, and whether there is a realistic possibility of extending the schemes
geographical reach.
Social/institutional constraints
Many of the students had been discouraged from considering the Bar by staff at their universities, who felt that they were
unlikely to succeed, even where they had very strong academic records, suggesting that some institutions still consider the
Bar as only being open to those from traditional backgrounds. Students also were unaware of certain social formalities that
were expected of them at the Bar, and mini-pupillage gave them an opportunity to experience these. PASS students recognised
many similar familial and friendship constraints operating on them as Pathways students did (Interim Report, paras 4.18-4.20).
By university stage, it appeared that some academic staff may experience difficulties in negotiating the line between providing
balanced, realistic and informed careers advice and reinforcing perceived constraints upon the students.
Key Findings for development

a) There was a lack of clarity surrounding the aims and objectives of the programme. This could lead to confusion if
parties are unsure what others are hoping to achieve through the programme. It may also inhibit the programme from
developing, as the direction in which it should evolve is unclear. Without clear aims and objectives it is difficult to
measure the success of the programme, as it is unclear what would amount to a successful outcome.
b) For those students who participate in PASS, it seems to be a largely positive experience. However, the overall numbers
participating are low. These numbers need to be seen in a wider context to understand the optimal number of students
to be participating in PASS. An articulation of the optima numbers must be informed by an understanding of external
factors such as the size and shape of the legal services marketplace, and a clear agreement as to the programmes
aims and objectives. Clarity on both points would assist the programme to be effectively delivered and to create a
critical mass of participants. If the aim is exposure to the profession and access to information, then higher throughput
may be desirable. If the scheme is designed to form part of a pathway to entry, then issues such as saturation of the
market would also be valuable to consider.
c) A key factor compromising the programmes efficacy is that it maintains established frameworks which operate to the
indirect disadvantage of non-traditional aspirant entrants. These frameworks are the importance of mini-pupillage
and the ways in which it is secured. This means that it is not well-placed to disrupt current patterns of under-valuing
different ways of gaining skills and exposure to the profession.
Preliminary recommendations
a) Consider whether PASS is meant to be part of a longer-term interaction with students, starting with Pathways,
extending through PASS and potentially onto continued mentoring or similar afterwards. Alternatively, is it meant to
stand-alone, providing all the assistance students require? If it is decided that it should stand alone, then further
consideration could be given to extending it into a more comprehensive programme.
b) It is suggested that longer-term support would be a positive addition to PASS. It would provide non-traditional aspirant
entrants with guidance in matters such as scholarship and pupillage applications, and interview technique, all areas
in which participants and existing research suggests non-traditional aspirant entrants may experience challenges.
For those who do decide to pursue a career at the Bar, it will give them a network and sense of community within the
profession, something identified by participants as key to the experience of the Bar.
c) More informally, PASS could foster a network of students who could offer one another mutual support. This could be
developed and directed by Inner Temple, or PASS participants who wished to be could simply be put in touch with one
another by Inner Temple.
d) Address the scale of PASS, and particularly, if it is intended to further increase in size, consider whether further
resources are available to sustain this. Similarly, consider whether priority is given to having fewer students but from a
wider area, and accommodating them as well as paying travel expenses, or whether resources would be better used
trying to roll out PASS on the circuits. This would address frustrations aimed at its London-centricity, without requiring
the greater financial outlay of accommodating students in London.
e) A best practice document for chambers may be helpful to encourage parity across mini-pupillages. Whilst not a
binding document, it may draw attention to matters that chambers were unaware of and could easily alter. Such a
document may also be of use to chambers not participating in PASS, as an example of best practice in providing mini-
pupillages.
f)
Guidance to chambers on how to make their own mini-pupillage application processes more equitable to non-
traditional aspirant entrants would also assist in widening the provision of work experience by recognising skills and
experience gained in non-traditional ways beyond PASS.
Future directions
As highlighted in the main report and the recommendations above, PASS is largely working well in its current form, in
the opinions of both students and stakeholders. In terms of future directions, the big questions are about the potential for
expansion and the role of the programme in relation to the wider range of access activities undertaken by Inner Temple.
With these matters decided upon, PASS is likely to have an even more secure basis on which to flourish, whether or not the
programme expands.
The rest of this report is set out in two parts. Firstly, the student questionnaire data is presented in summary form under the Key
Findings heading, before a more detailed exploration (under Data in more detail). The report then moves into a discussion
which analyses the datas potential implications for the future evolution of PASS, drawing on both questionnaire and interview
data.
Key Findings Student questionnaire data

Overall, support for PASS was strong from students. Students felt that it had given them valuable experience that they would
not otherwise have been able to access. The questionnaire data allowed not only an overall picture of satisfaction levels to be
obtained, but also for those results to be broken down by cohort.
Data collected from the questionnaires and collated by the researcher can be seen in Appendix B of this report.
Pegasus Access Scheme overall
100% of the participants rated the scheme as excellent or good overall
Mini-pupillage overall
100% of participants rated their mini-pupillage through PASS as very helpful or helpful.
Organisational
90% agreed or strongly agreed with the statement PASS was easy to apply for
92% agreed or strongly agreed with the statement Prior to my placement, I was provided with a sufficient amount
of information
98% agreed or strongly agreed with the statement The administrative team were friendly, accommodating and
able to answer my questions
51% agreed or strongly agreed with the statement Payment of expenses were essential in allowing me to
undertake this placement
86% agreed or strongly agreed with the statement I would not have been able to get this kind of placement
without PASS
Experiential
94% agreed or strongly agreed with the statement Chambers practice areas were of interest to me
100% agreed or strongly agreed with the statement The barristers I shadowed were friendly,
accommodating and able to answer my questions
72% agreed or strongly agreed with the statement My mini-pupillage has changed my perception of the Bar
and of barristers
100% agreed or strongly agreed with the statement Participating in PASS has given me a good insight into
the profession
95% agreed or strongly agreed with the statement Participating in PASS will help my careers aspirations
1. Data in more detail

The number of responses received to each questionnaire are given in Table 1:
Cohort
No. of students
participating
Responses to
Inners post-
placement
questionnaire
Responses to
researchers
pre-PASS
questionnaire
Responses to
researchers
post-PASS
questionnaire
Pilot
18
(13 actually
undertook
placements)
First
30
25
Second
48
17
31
16
1.1
Overall, support for PASS was strong from all stakeholders. Students felt that it had given them valuable experience
that they would not otherwise have been able to access.
1.2
The feedback questionnaires produced by Inner Temple asked students to state to what extent they agreed or
disagreed with a number of statements, to get a more detailed picture of their views on more specific aspects of the
programme. These questions could crudely be split into those which concerned organisational and administrative
matters, and those that concerned the students experience of participating in a PASS mini-pupillage.
Organisational matters Inner Temple questionnaire

1.3
PASS was easy to apply for

22 strongly agreed (46%)
21 agreed (44%)
3 neither agreed nor disagreed (6%)
2 disagreed (4%)
1 didnt answer the question (2%)
1.4
Prior to my placement, I was provided with a sufficient amount of information

10 agreed (21%)
2 disagreed (4%)
1.5
The administrative team were friendly, accommodating and able to answer my questions
8 agreed (17%)
1.6
Payment of expenses were essential in allowing me to undertake this placement

7 agreed (14%)
5 disagreed (10%)
2 strongly disagreed (4%)
1.7
I would not have been able to get this kind of placement without PASS
16 agreed (33%)
3 disagreed (6%)
Experiential matters Inner Temple questionnaire

1.8
Chambers practice areas were of interest to me

15 agreed (31%)
1 disagreed (2%)
1.9
The barristers I shadowed were friendly, accommodating and able to answer my questions
7 agreed (15%)
1.10
My mini-pupillage has changed my perception of the Bar and of barristers

21 agreed (43%)
3 disagreed (6%)
1.11
Participating in PASS has given me a good insight into the profession

7 agreed (14%)
1.12
Participating in PASS will help my careers aspirations

7 agreed (14%)
1.13
How strongly did you / do you now wish to pursue a career at the Bar?
23 wished to pursue a career at the Bar more strongly after the placement than they had before (47%)
23 had the same level of desire to go to the Bar (47%)
1 wished to pursue a career at the Bar less strongly after their placement (2%)
2 did not answer the question (4%)
Data analysed by cohort

1.14
One way in which the results can be analysed in more detail is by reviewing them by cohort. This reveals that on the
basis of their overall rating of the programme, the first full cohort seem to have been the most pleased with their
experience; they rated both their mini-pupillages and PASS overall more positively than either the pilot or the second
cohorts. The second cohort was the next most satisfied overall, followed by the pilot cohort. The reasons for this can only
be speculated upon and may be down to individual factors, although possible explanations are discussed below
(para 1.17).
1.15
Overall rating of the mini-pupillage by cohort
RPilot
5 very helpful (71%)
2 helpful (29%)
RFirst Cohort
1 helpful (4%)
RSecond cohort
4 helpful (24%)
1.16
Rating of the Pegasus Access Scheme overall by cohort

RPilot
5 excellent (71%)
2 good (29%)
7
RFirst cohort
25 excellent (100%)
RSecond cohort
14 excellent (82%)
3 good (18%)
1.17
There will inevitably be some discrepancy between cohorts, as different students may have different expectations of the
scheme. Furthermore, the numbers in the cohorts so far have been relatively small, making it inadvisable to try to draw
sturdy conclusions from their responses. The pattern observed so far could, however, indicate that whilst the first cohort
benefitted from teething problems noted in the pilot cohort having been addressed, in the second cohort increased
numbers meant that different challenges were occurring.
1.18
If the number of students participating is to continue to increase, one challenge will be to ensure that the quality of
student experience remains high. Inner Temple may want to consider keeping the throughput a little smaller (around
the level of the second full cohort, for example) to allow for the quality of the experience to be sustained for those who
participate.
Researcher questionnaires attempting to measure attitudinal change

1.19
In addition to the feedback obtained through the questionnaires written and administered by Inner Temple, a further
set of questionnaires was compiled by the researcher. These were designed with one to be administered before
participation in the PASS mini-pupillage, and the other to be administered afterwards. A number of questions appeared
on each questionnaire. The aim of this was to explore attitudinal change that could possibly be attributed to the scheme.
Due to the small numbers and lack of a control group involved, it cannot be proven that any changes resulted from
participation in PASS. There was also a very disappointing response rate to the post-placement questionnaire (only
half of those who had filled in the pre-placement questionnaire also filled in the post-placement questionnaire n=31
as compared to n=16). However, such data is still instructive to gain a more general picture of how participants are
responding to PASS.
1.20
How do you think PASS will/has benefitted you the most?
Pre-placement
42% said increase my understanding of the Bar
26% said experience a particular practice area
13% said to help me decide whether to be a solicitor or a barrister
6% said to meet barristers
6% said to see the sort of work barristers do
6% did not answer
Post-placement
38% said experienced a particular practice area
25% said increased understanding of the Bar
19% said saw the sort of work done by barristers
12% said met barristers
6% said helped me choose whether to be a barrister or a solicitor
1.21
Even from these figures it seems clear that it is an understanding of the profession generally, and of particular practice
areas more specifically, that students are looking for when they seek work experience.
1.22
A further comparison can be drawn between the two sets of answers to the question
Please RANK in order of importance the reasons you think chambers offer mini pupillages (in general)
Pre-placement
39% ranked to give students a realistic insight into the profession as most important
26% ranked as most important the opportunity to make initial assessments of applicants
23% ranked to attract the best applicants by highlighting the chambers positive qualities.
6% ranked to encourage applications from non-traditional sectors of the community
3% ranked as part of a professional commitment to engage with the community at large
3% did not answer
Post-placement
38% ranked to give students a realistic insight into the profession as most important
25% ranked to attract the best applicants by highlighting the chambers positive qualities.
19% ranked as part of a professional commitment to engage with the community at large
13% ranked to encourage applications from non-traditional sectors of the community
6% did not answer the question
None ranked as most important the opportunity to make initial assessments of applicants
1.23
Most notable here is the change between before and after as regards how many students thought that the purpose of
a mini-pupillage was to allow chambers to make initial assessments of students. The responses to the pre-placement
questionnaire may suggest that non-traditional aspirant entrants anticipate being explicitly assessed in a formal and
potentially hostile or challenging manner, and when they do not encounter this they do not realise that such exposure is
nonetheless a time of mutual appraisal. It does suggest, however, that students feel that they are being put at ease during
the placement, thus not giving a feeling of being assessed. A potential downfall of this, however, is that students may
lapse into less formal behaviour if they did not feel that they are in any way being assessed during mini-pupillages.
1.24
In this respect, however, there is a difference between mini-pupillages and vacation schemes in solicitors firms. Whilst
vacation schemes are methods of formal assessment and are openly acknowledged as such, the short periods of mini-
pupillages, combined with the limited possibility for a student to produce work which is assessed during the mini-
pupillage, mean that mini-pupillages are not assessed. (An exception is in those circumstances where they are expressly
advertised as such, usually as part of the process for securing full pupillage). Most chambers of which representatives
were interviewed for this research stated that no record was kept of mini-pupils beyond their names and the dates
they had attended. Although individual members of chambers who encountered them may therefore remember them
were they to encounter them when interviewing for pupillage, for example, mini-pupils seemed not to be assessed in
any way that could affect their recruitment chances at that chambers at large. Many interviewees emphasised that a
mini-pupillage was mainly for the experience of the student, although others suggested that chambers also utilised the
opportunity to sell itself to students (see 2.4 below for discussion);
1.25
The open-ended response questions also generated similarly interesting responses, with the question why do you think
chambers offer mini-pupillages through PASS also being asked in both the pre- and post-placement questionnaires.
Why do you think chambers are offering mini-pupillages through PASS?

Pre-placement
12 referred to a desire to increase diversity, either of the profession as a whole or the specific chambers (39%)
8 referred to a desire by chambers to show that they were open to applications from people of any background,
and to encourage those people to apply (26%)
3 suggested that it was to help disadvantaged students (10%)
2 suggested that it was to encourage unconventional talent (6%).
2 said that it was to improve the image of chambers, questioning the presence of an altruistic motive (6%)
One said that it was out of a sense of duty, although it was unclear whether this was said with negative
or positive connotations (3%).
Of the remaining two, one said that chambers supported the ideology of PASS and another said it was to provide
insight into the profession (6%).
One did not answer the question (3%)
Post-placement
7 answers said to increase diversity (44%)
3 said to attract/discover unconventional talent (19%)
2 said to show openness and encouragement to NTAES to apply to the Bar (13%)
2 answers mentioned that it may be commitment to an appearance as opposed to a genuine desire for change,
and one suggested it was to meet a quota (13%).
One participant was unsure (6%)
1.26
It is notable that even in such a small sample there were respondents questioning the altruism of the motivation behind
the scheme. Such uncertainty was also seen in the responses to the question of why do you think Inner Temple has set
up PASS? which was asked in the pre-placement questionnaire. There are no recommendations specifically addressing
the respondents cynicism regarding the motivation behind the programme. It is suggested that it may simply be the
product of suspicion of a profession which previously has not been seen by the public to be making strides in inclusivity,
and that as the Bar increases in its efforts to promote diversity, and this is known about more widely in society, such
cynicism will be reduced.
1.27
On the basis of this data, the report now moves onto examining some of the strengths of the scheme, before considering
some of the challenges facing it, and recommendations on how some of these challenges may be ameliorated.
9
Discussion
2. Strengths
2.1
2.1.1
Payment of expenses
This was identified by participants as key. In focus groups, a number of PASS students described having had to curtail
previous non-PASS mini-pupillages as a result of the cost of travel, and felt reassured knowing that this was not going to
be an issue in their PASS mini-pupillages.
youve got to be on peak as well, so a return, on peak, even with, like, my student railcard, was gonna be like, 30 for a day,
and, like, I cant afford 150 in a week just to get into London. So its a massive advantage to the scheme. Like, I cut one of my
[non-PASS] mini-pupillages short by two days; I asked for it to be three as opposed to five because I couldnt afford to come
in every day. (PASS FG1 Participant 2, F)
2.1.2
Obtaining a mini-pupillage through PASS alleviated student worries of the financial pressure of mini-pupillages. For
non-traditional students, financing work experience is a significant concern, as has been demonstrated in previous
research (Francis and Sommerlad, 2009). The scheme requires that chambers pay all the travel expenses of the student,
both from their home to chambers, and from chambers to courts. This allowed students to fully participate in their mini-
pupillage without financial worries;
The fact that it had been said and that it wasnt something that was going to be awkward was comforting. (PASS FG1
Participant 1, F)
2.1.3
Such provision not only allows for students to fully participate, but it also emphasises to them something identified by a
Pathways participant; that the Bar understands that not everyone had significant financial means of their own, and that
acknowledging this makes the profession seem more in touch with the concerns of young people from non-traditional
backgrounds, and thus represents a genuine effort to assist them (Interim Report, para 4.9). In this way, access
programmes are not only about widening access, but are also symbolic of an ideology committed to opportunities for
young people from all socio-economic backgrounds.
2.1.4
For the first full cohort who participated in PASS, 20 of the 49 students who completed Inner Temples post-placement
questionnaire strongly agreed that payment of expenses was essential in allowing me to undertake this placement. A
further seven agreed and only five disagreed. For those five, expenses may not have been crucial as they already had a
Travelcard as a result of their job (one example given in a focus group), or did not live far away and had only needed to
travel to nearby courts. This means, however, that only 51% of respondents agreed or strongly agreed that payment of
expenses had been crucial to them undertaking the placement. Whilst this does not mean that it was not helpful for the
remaining 49%, it does raise the matter of whether students should be given the choice to opt out of receiving expenses
when they apply through PASS if they feel that they do not need them.
2.1.5
Although this is not offered as a key recommendation due to concerns about the operation of a two-tier system, it is
suggested that this idea is considered further as a way of maximising the number of students who can benefit from
PASS in the ways in which they need its assistance: There may be some students who can afford to pay their travel
expenses, and are willing to do so, but need the assistance of PASS for other reasons, i.e. difficulty demonstrating
traditional educational attainment. If unfunded places on PASS are offered by some chambers this may also allow more
chambers to participate, for example those in areas where funding is more problematic and thus they may not be able
to pay expenses for a student, but may be wholly committed to the ideology of PASS and wish to participate to show
that support. Another possibility would be for Inner Temple to provide a set amount of expenses to students for them
to undertake their mini-pupillage at any chambers that they choose, which need not be part of PASS. This, however,
would require them to apply through that chambers usual application route, meaning that the student would not get the
benefit of the specialist consideration given to application forms processed by Inner Temple through PASS.
2.1.6
It is accepted that such a suggestion would need to be carefully thought through, and may be deemed to be out of
kilter with the ethos of PASS: A potential return to unfunded pupillages has been hailed as a retrograde step as it
will allow those with financial support to leapfrog the system (Neuberger, 2007: para 209). However, it is argued
that this would not be the case under PASS a student would still need to qualify for PASS under the same criteria as
any other applicant. Therefore, they have still experienced disadvantage which their participation in PASS is aimed
at ameliorating. If they indicated a willingness to undertake an unfunded mini-pupillage this would only come into
play in allocating them to chambers, insofar as they may have a wider selection of chambers to whom they could be
allocated, as they could be placed with a set that had indicated a willingness to take students, but an inability to fund
their expenses. As nearly half of the responding students did not agree that expenses were crucial to them undertaking
the mini-pupillage, a way to extend the number of students who can participate in the programme would be by offering
the option of an unfunded mini-pupillage for those who need assistance within the eligibility criteria (e.g. non-standard
educational path), but can meet the financial outlay of their mini-pupillages.
2.1.7
The requirement that chambers pay expenses may have a limiting effect on which chambers can participate. Those which
do mainly legal-aid funded work are lesslikely to be able to fund mini-pupils through the PASS as cuts to publicly-funded
work have made their financial positions less secure. This may also be the case for smaller chambers. However, data shows
that it is the publicly-funded areas of practice which are already the most diverse (Working Lives Report, 2013: 27, 105), so
an argument may be made that PASSs requirement for the payment of travel expenses does not exclude chambers in those
areas of practice where both students and chambers are likely to benefit most from the mutual exposure of PASS.
10
2.2
Access to information from those already in practice
2.2.1
As was detailed in the Interim Report on Pathways (para 3.3), students particularly valued the opportunity to interact
with practising barristers, as they felt that this afforded them the opportunity to access honest and realistic information
about the profession. This was demonstrated again in the data from the PASS students, with many referring to how much
they valued the opportunity to speak to barristers in informal settings, as well as to see their day-to-day working lives.
2.2.2
The value of work experience in later securing employment in that field seems to be largely related to the experiential
element of having been within a workplace. Having done this, an aspirant entrant is better able to present themselves
in the way that chambers expect of aspirant entrants (Francis and Sommerlad, 2009: 65). This makes them a more
convincing candidate when they later apply for pupillage, and may mediate socio-economic background (Sommerlad,
2007: 206). Direct experience also allows aspirant entrants to talk more convincingly about their desire to be involved
in a particular area of practice. In law, for those areas of practice where very little experience can be gained apart from
within chambers, due to the nuances and practicalities of the subject not being taught at degree level, mini-pupillages
are especially important for this reason;
You cant come to the Chancery Bar without having done at least one mini-pupillage in Chancery work, you just cant get
there. [] I just dont think you can talk meaningfully about the work of the Chancery Bar in a way thats likely to get you
through interview unless you have actually experienced some of it, so I thinks its absolutely vital. (Interviewee 2, non-
Inner, F, other prof assocs)
2.2.3
This was reinforced by a PASS student who admitted that he had selected Chancery as the practise area on his form
because he was not sure what it entailed, and that this opportunity to explore a wholly new area of law had been very
valuable to him;
it does still give people a chance to say that this is something theyre not very familiar with, or something they want to
investigate as II didnt really know what the word chancery meant when I applied for it, erm I think it still gives people
that opportunity, and so yeah, it was very valuable. (PASS FG2 Participant 2, M)
2.2.4
As it is important to chambers that an aspirant entrant truly understands the area of law in which they are asserting a
desire to practice, it is also important that they have experienced the realities of life at the Bar through the shadowing of
a practising barrister;
I didnt really, until gaining that experience, realise that a barristers schedule on any normal day is that hectic, requiring
them to lope across London; various courts, various hearings, juggling a multitude of cases in just one single day, going
from one case to have something totally different, perhaps a preliminary hearing to something completely different, erm
and then returning back to chambers in order to write an opinion, for example. (PASS FG2 Participant 1, M)
2.2.5
When answering the pre-PASS questionnaire circulated to the 2014 PASS cohort (the second full cohort), many of the
answers to the question why do you think it might be important for you to gain work experience? not only focussed on
this value of experiential engagement with the profession, but many students explicitly linked their lack of familiarity
with the professions with the need to undertake work experience;
I believe it will allow me to experience the set of skills required to be a successful barrister. Also, it will give me an insight
into a professional career that none of my family members currently hold. (PASS participant, 2014, pre-placement
questionnaire)
This was a sentiment echoed by other participants at both Pathways and PASS levels; all students emphasised how
valuable they found the experience of meeting practising barristers who could answer their questions from personal
experience; talking to actual barristers because there is no one better than them to sort of tell [aspirant entrants] what
its really about. (PASS FG2 Participant 2, M).
2.2.6
Non-traditional students are unlikely to have had familial or social links to those within the legal profession, and many
responses to the questionnaires explicitly referred to this being perceived as a barrier to entry by non-traditional
aspirant entrants. The opportunity to ask these questions to those in practice within a relatively informal environment
allowed the students to access information that was otherwise outside of their reach, regardless of the thoroughness of
their own individual research (see Interim Report para 4.8).
2.2.7
Not only was there an opportunity to ask questions, but the PASS participants often emphasised how generous the
barristers whom they had shadowed during their PASS mini-pupillage had been with their time, some spending long
periods explaining complicated fact patterns or legal concepts to the student;
my supervisor was really, really lovely and he explained it all to me, and took mespent a lot of time; a real surprising
amount of time; I wouldnt really expect anyone to spend so muchso many hours just explaining about how the particular
trust arrangement worked and this kind of thing. (PASS FG2 Participant 2, M)
2.2.8
They also found that spending time with barristers exposed them to practices and social nuances that they could not
have picked up elsewhere, but which might have inhibited them in gaining further opportunities. For non-traditional
students with no experience of professions, there will have been little, if any, chance for them to accumulate social
capital; the knowledge and language of these social fields and would thus allow them to blend in within them. Mini-
pupillages form an important opportunity for students to assimilate such information.
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2.2.9
As Beck and Beck-Gernsheim (2002: 23) note, every person has myriad different identities, each of which is engaged
when they undertake a different activity. Students will have the identity that they use at school/university, the
identity that they use with their friends, the identity that they use with family. Non-traditional students may not have
had chance to develop a professional identity that gives them the social tools they need to present themselves
well in a professional environment. These tools include ways of addressing others and self-presentation. Through
mini-pupillage, students have an opportunity to witness the ways in which those already in the profession present
themselves, and to develop an identity suitable for interviews and other interactions with the profession. Students
identified this as an important opportunity. Equally valued, however, was openness and honesty about the realities of
life at the Bar, and the situations and challenges that the students were likely to encounter as they moved from their
university education through the BPTC and then pupillage applications.
2.3
Perception of the profession
2.3.1
For some non-traditional students, there was also the realisation that, even for those who were already practising within
the profession from very traditional backgrounds, there was an openness to those from non-traditional backgrounds,
and a desire to help aspirant entrants regardless of how similar, or otherwise, their backgrounds were;
even though they might be frightfully upper class and, erm, somebody who I will never have come across in my life
before, it doesnt mean that its not accessible or welcoming and they dont want you to be there or theyre going to judge
you because youre not like them, erm, and I think that is what had changed for me in my perception of the Bar. (PASS FG1
Participant 1, F)
2.3.2
This individual openness to difference is key to building a perception of the profession as a whole as being open
to anyone of merit. Many of the PASS participants expressly stated how helpful and friendly barristers from very
traditional backgrounds had been towards them, although one stated that background and schooling is still a focal
point in conversation, especially with other barristers, something likely to pose a challenge to some access efforts.
2.3.3
For the profession to increase in its socio-economic diversity, it needs to be perceived by aspirant entrants from non-
traditional backgrounds as open to anybody of ability, regardless of their background. Young people are surrounded
by advice that influences their perceptions of matters such as this; important sources are likely to be their family, their
peers and their university lecturers and tutors. Therefore it is important that those people, as well as the students
themselves, perceive the Bar as a profession that is purely merit-based, as otherwise their dissuasions may mean that
some aspirant entrants do not seek entry to the Bar even where they are academically able. This challenge is addressed
below, in section 3.1.
2.4
Mutuality of benefit?
2.4.1
Inherent in the format of a mini-pupillage is that as well as the student experiencing a week in the life of a practising
barrister, some members of chambers get an opportunity to form an opinion on the student. Thus, a mini-pupillage
is not a one-way interaction; non-traditional students and chambers are exposed to one another. This allowed for
preconceptions held by barristers and chambers of non-traditional students to be broken down, as it allowed non-
traditional students preconceptions about barristers to be broken down. Across the practitioners interviewed, there
were differences of opinion about the level to which a mini-pupillage was advantageous to chambers as well as to
students, but most recognised at least some mutual benefit.
2.4.2
From a chambers perspective some of the gains to be made by participating in PASS were internally-focussed,
directed at a desire to secure access to the very best candidates in the hope of providing an experience that would
encourage them to apply for pupillage. A number of interviewees, however, said that mini-pupillages gave little, if any,
value to chambers and were aimed purely at the benefit of the student, mainly through the provision of information and
demystification of the Bar and its methods of operating; one chambers representative said Literally its an experience
for them, its not for us. (Interviewee 1, non-Inner, F, chambers rep). Other practitioner participants, however, felt that it
was a balanced interaction from which both chambers and the student gained, and that having non-traditional students
through a scheme such as PASS drew to the attention of barristers the potential of non-traditional candidates;
members of chambers are being exposed to people from a completely different route and seeing how able they are and
I think that helps to keep when you are recruiting people to keep in mind too actually. (Interviewee 1 non-Inner, M, other
prof assocs, chambers rep)
2.4.3
Another chambers representative identified a significant aim of PASS as being mutually beneficial. By ensuring that
gifted non-traditional students are given the opportunities that they need to be competitive applicants for pupillage, the
pool of aspirant entrants from which chambers selects pupils will, in the long term, be better;
I dont think we get any immediate benefit but in the long term hopefully we can benefit from a more diverse pool of
applicants. (Interviewee 2, non-Inner, F, other prof assocs)
This often seemed to be recognised as a positive side effect as opposed to a main aim of the programme, however. All
of the chambers representatives said that there was no follow-up with mini-pupils, and in most cases the only records
kept of their mini-pupils were name and dates attended. Thus it seemed that mini-pupillages were construed by the
profession as chiefly for the benefit of the student. If this is so, however, then it is unclear why selection for them has
become so competitive, and not allocation on a first come, first served basis. It is possible that a level of informal
assessment that is either subconscious or not acknowledged does occur.
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2.4.4
Those students who answered the pre-PASS questionnaire were asked to rank in order of importance six possible reasons
why chambers gave mini-pupillages. The response selected by the greatest number of students as the most important
was to give students a realistic insight into the profession. The answer ranked the second highest was to attract the best
applicants (for full pupillage) by highlighting chambers positive qualities. Thus, aspirant entrants themselves perceive
mini-pupillages as mutually beneficial, and also understand that chambers may use the process as a way of marketing
itself to candidates, although this element seems to be less consistent amongst chambers. When the same question was
repeated in the post-placement questionnaire, although the response rate was much lower (15 students) the same pattern
was again repeated, with six students selecting the realistic insight option, and four the attract best applicants option.
2.4.5
Thus, there appears to be an element of mutual education through a scheme such as PASS, and this was mentioned by
interviewees who were instrumental in establishing the scheme as one of its aims;
I think there is still quite a lot that could be done around best practice and informing chambers of issues around
educational disadvantage and what to do exceptionally well at a low performing state school might mean for your
progression more generally. I would say there is quite a lot of work to be done around dispelling myths about university
type and the quality of students at different universities. (Interviewee 11, Inner, M, salaried)
2.4.6
Mini-pupillages are, however, increasingly hard to secure. Many interviewees told of increasing numbers of applicants
for mini-pupillages places, making schemes such as PASS ever more important. The greater the number of applicants
for mini-pupillages, the greater the risk of non-traditional students being sifted out early in the process by chambers
who have not incorporated into their system any way of recognising achievement despite socio-economic or
educational disadvantage.
2.4.7
Nonetheless, one interviewee admitted that one could also interpret non-altruistic aims behind the programme, with a
hope that one effect would be to see our profile increase as an institution that is aware of the situation for people trying to
come to the Bar and be seen as trying to improve that.. This was reinforced by a chambers representative;
I think from a chambers perspective the one thing for us obviously if people come here have a mini pupillage ,have a good
experience, then you know, our reputation is enhanced in terms of taking candidates, students will say I have had a really
good experience [that] will mean that [] more candidates apply because they say, Okay, you can go on the web and find
out what we do, but actually we met the barristers and they are a really nice bunch of people. (Interviewee 1 non-Inner,
M, other prof assocs, chambers rep)
2.4.8
Possible gain for chambers was perceived by interviewees to centre around the opportunity to show non-traditional
aspirant entrants that they are inclusive. Some interviewees suggested potential reputational gain for chambers or the
wider profession from such a programme, but others denied this;
I think its more student-centric. I actually dont think theres sort of value in kudos really in being involved, its our duty.
So I dont think we get any immediate benefit but in the long term hopefully we can benefit from a more diverse pool of
applicants. (Interviewee 2, non-Inner, F, other prof assocs)
I suppose another measure of success for us would be forI suppose could be quite selfish, but to see our profile increase
as an institution that is aware of the situation for people trying to come to the Bar, and be seen as trying to improve that.
(Interviewee 8, F, Inner, salaried)
2.4.9
The clear conclusion to this section is that the mutuality of benefit is largely recognised by practitioners, but sometimes
less so by aspirant entrants, the most cynical of whom assumed that chambers were participating out of a desire to fill
quotas or (only) appear to be doing something. Whilst some chambers may participate for these reasons, reinforcing
to both parties the mutual benefits available through such interaction may help both to increase positivity towards mini-
pupillages, and ensure that both parties get the most benefit from their participation in PASS.
2.5
Potential for development of chambers own practices
2.5.1
As PASS continues, a way to make its contribution more lasting could be to engage chambers in examining their own
practices surrounding mini-pupillages. It was clear from many interviews that practitioners were aware that shorthand
measures for success were often used when reviewing direct applications to chambers;
whilst [organisation] do(es) give a lot of guidance to chambers on fair recruitment and objective election, we have a fair
recruitment guide for example, and all lead recruiters have to undergo a fair selection and recruitment training now, we
know that a shorthand measure for ability or merit, is which university you went to. (Interviewee 6, non-Inner, M, salaried,
other prof assoc)
2.5.2
It was also clear that when this shorthand was applied it was often done not out of malice or discrimination, but out of a
lack of understanding around social mobility and educational disadvantage, and the time constraints on those receiving
the mini-pupillage applications and selecting students. These people were often barristers, not administrative staff, and
were trying to read and make decisions on applications alongside heavy workloads of their own. Therefore, although
some tried to make rudimentary adjustments aimed at increasing the fairness of the system, they accepted that it was
not ideal;
Academics are important. If somebody had got A levels that are Cs, Bs, Ds and they have got 2.2s in [areas of chambers
practice] that probably is almost certainly going to be a no. [] There is a margin to which I will play with what I think
somebody should have and this maybe a little bit on my own illegitimate social engineering, but if somebody has gone to
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whatever is the really, really good local private grammar school, and they have got A levels which are not bad but are not
particularly stellar, and I think, well I went to a state school and got far better than that, they are going to get less credit
than someone who went to [x] Comprehensive and did alright, kind of taking a broad view, and then at university they might
be doing quite well. (Interviewee 5, non-Inner, M, chambers rep)
2.5.3
For many participating chambers, therefore, the administrative support that Inner Temple gave by receiving
applications and selecting successful applicants was very important. However, if in the long term Inner Temple
is hoping that PASS will make a wider impact on socio-economic diversity at the Bar, this could be facilitated by
encouraging chambers to adopt application forms and sifting practices akin to those used by PASS. These aim to
identify interest, motivation and skills, not simply academic excellence demonstrated in the traditional ways through
achievement at secondary school level.
2.5.4
One chambers from which a representative was interviewed was already doing this, but this was a large chambers
which had dedicated administrative staff in larger numbers than most chambers. This allowed them to put together a
comprehensive mini-pupillage programme which included networking events and workshops on things such as filling
in pupillage application forms and pupillage interviews. Although this scale of undertaking could not be provided
by many chambers, it would be a one-off process for many to re-structure their mini-pupillage application forms to
focus more on motivation and potential for a career at the Bar through skills gained, and less on traditional measures of
academic achievement. This may be a more effective and long term way to open up mini-pupillages to a more diverse
range of applicants. By incorporating best practice from PASS into the usual practice of more chambers, non-traditional
aspirant entrants would be more likely to succeed through direct application processes.
2.5.5
In this way, best practice could spread from chambers taking students through PASS to a greater number, further
increasing the potential impact of the scheme in opening up the profession to those from non-traditional backgrounds.
As discussed above, it is therefore worthy of consideration whether the intention is that PASS continues long term, or
winds down, having led on best practice and implanted more equitable practices within chambers own systems.
2.5.6
Despite the generally very strong positive reports on PASS, there were nonetheless some areas where possible
improvements were identified by both students and stakeholders, as the next section considers. These challenges
could be grouped into those that were within the sphere of PASSs influence, and those things outside of the sphere of
influence of either PASS or Inner Temple (see also Interim Report, paras 4.17-4.20).
3. General challenges
3.1
Institutional and social constraints
3.1.1
As highlighted in the Interim Report, the institutional and social backgrounds of students have a significant effect on their
perceptions of themselves and the profession (Interim Report, Section 4). The influence of the activities and views of peers,
educators and family members, as well as the students own perceptions of their future career prospects all join together to
form constraints which may discourage students, especially those from non-traditional backgrounds, away from the Bar.
3.1.2
Students in the focus groups had had very different experiences at university of the levels of support that they
were offered when they told staff members that they were considering the Bar as a career. Academic staff at some
universities communicated strong views to students that they were not the sort of people who would succeed at the
Bar, even where they had achieved very highly academically, and this tended to compound the doubts students already
had about whether they would fit in at the Bar;
I mean thats the first thing I noticed when I walked into Bar School was thatI mean I went to a state comp in Essex, erm,
I went to Surrey University; always worked hard, got As and Firsts and stuff across the board, but I never have beenIve
never been surrounded by super posh and smart people and then you get there and everyones just got, theyve got, they
even talk in different languages sometimes, about like, theyve gone to public schools and boarding schools and they talk
about like the boys maid and things like this and classes are called different things and events that I dont even understand
what they are and thats quite intimidating. (PASS FG1 Participant 2, F)
3.1.3
Such advice may be well intentioned; it is impossible to deny that the Bar is a highly competitive profession, and
that many young people who are very capable do not succeed in fully qualifying because of the low number of
pupillages available. Advice to students to have a back-up plan may be perceived by some higher education staff as
simply prudent. It is key, however, that such warnings about the competitive nature of the Bar are not conflated with
a perception that a certain student will not succeed at the Bar because of their socio-economic or class background.
Better information provision for those in higher education about the Bar, how it recruits, and what it is looking for
in candidates would be one way of addressing misunderstandings about the nature of the Bar leading to advisers
discouraging non-traditional aspirant entrants on non-academic grounds. This was also recommended by the
Neuberger Report (2007: 36-7).
3.1.4
At some universities, there was knowledge within the teaching staff of the Bar (often through those who had practised
before becoming academics) and in these institutions there seemed to be a greater awareness of the Bar, and a
stronger dialogue between the profession and the institution, allowing access to better information for the students;
Inners quite prominent in my university though, so most members of the Bar who are now academics are all Inner []
because, how our dinners work, the barristers come from London are usually the people they network with quite often and
so its through them that they then get on to the scholarship interviews and what not and pretty much all of them are Inner.
(PASS FG1 Participant 3, M)
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3.1.5
Some practitioner interviewees also were of the opinion that more general careers information being given to students
by their educational establishments was not always accurate or helpful; with one saying that they felt that networkings
importance was a myth perpetuated by universities;
and students now are fed the idea that its a lot about networking and its not open to them if they are not networking and
I dont think there is any truth in that at all. (Interviewee 2 non-Inner, F)
This is an example of a difference in perception of the profession internally versus externally. Whilst practitioners
tended to attribute little weight to connections, students (both from Pathways and PASS) felt that they were important.
This disconnect with students and practitioners attaching weight to different issues highlights that an understanding
not just of the challenges, but also of perceived challenges is important. This again illustrates the key role of information
dissemination; even if a profession does not agree that a particular matter is at issue, if aspirant entrants and
educational institutions believe that it is, the profession may nonetheless need to address it.
3.1.6
These experiences also illustrate that it is important for the Bar to build dialogue with universities which focuses
on merit and not educational establishment or background. It is key to dismantling myths surrounding the Bar that
information is given not just to the students, but also to those who have influence on young people through their
position. One member of the PASS team suggested that every university should be open to the fact that it will have at
least one young person who is a potential competitive applicant for the Bar academically, and that chambers need to
recognise that talent can be found in every university;
I think were of the view there is at least one exceptional student at every single university and that is often very difficult for
chambers necessarily to take account of. Especially when there is this level of competition and this many applications, some
of the easiest things for them to do are to go back to those, oh the student from here must be good because they must have
had really high A levels to be able to get into this university and so on (Interviewee 11, Inner, M, salaried)
3.1.7
More generally, examples of a lack of understanding within the higher education sector may be symptomatic of a wider
lack of understanding of a profession that has historically kept its counsel. This was perceived as a further challenge
to access that needed to be surmounted; first the general public needed an improved general understanding of the
profession from which to advance the message of access based on ability. As some interviewees pointed out, the
messages that the public are exposed to through the media about the Bar are improving from previous times;
I mean Judge John Deed is great TV but I am afraid its not the reality. I mean the recent programme with David Tennant,
what was that? That at least had a character who, you know, wouldnt have been perceived to be, you know, traditional
establishment [] and Silk shows a diverse range of characters and very importantly successful female practitioners. But of
course it gives a different view of the law but is good TV. (Interviewee 4, Inner, M, Bencher)
3.1.8
However, it still remains the case that whilst the media is relied on by many for their understanding of the profession,
the perception that they form may be less than accurate. Participation in PASS had, for many of the students,
significantly altered their perception of the profession for the better;
it still is Oxbridge dominated and it cant change that so I dont think it changed my perception in that respect, but it
certainly made me realise that they dont sit there in their wigs, or in suits, and even though they might be frightfully upper
class and, erm, somebody who I will never have come across in my life before, it doesnt mean that its not accessible or
welcoming and they dont want you to be there or theyre going to judge you because youre not like them, erm, and I think
that is what had changed for me in my perception of the Bar. (PASS FG1 Participant 1, F)
3.1.9
However, effecting such a change as this more widely through society remains a challenge, and one which Inner
Temple may wish to consider how to address, either within PASS or through their wider outreach activities (see below).
Educating the public about the role of barristers, and the qualities needed to be a successful one, is a significant task,
and one which is likely to need the effort and resources of more than one organisation.
3.1.10 Whilst this section has illustrated the general challenges faced by a programme such as PASS, there are also more specific
challenges relating to the programme itself; both those which arise in the students experience of the programme, and
also those which relate to the organisation of the programme. Both of these will now be examined in turn.
4. Experiential challenges
4.1
Variations between chambers
4.1.1 As each chambers is autonomous, there will inevitably be variation between chambers. This is not in itself negative as it
simply illustrates that chambers have different feels to them. However variations that materially affect the experience of
a PASS student may be a more significant issue, as highlighted below in the specific example of the integration of PASS
students with direct applicants.
4.1.2 PASS students are explicitly required by Inner Temple to be placed within existing mini-pupillage availability and
frameworks in chambers. For chambers, this was often an attraction of the scheme;
The administration is done by Inner which has its own resources and expertise and then chambers just need to provide the
same as they do to their other mini pupils. I just think its really clever to have set it up like that. (Interviewee 2, non-Inner, F,
other prof assocs)
This, however, led to significant variance of experience which was chambers-dependent. Some chambers had well-
15
established and comprehensive mini-pupillage programmes which included additional activities such as advice on
applications and mock interviews. Other chambers, often those that were smaller, had very little structure for mini-
pupils, and their experience depended entirely on which barrister they were with, and the type and amount of work
that barrister had. Similarly, different chambers offer mini-pupillages of differing lengths; those participating in PASS
varied from two days to a working week. Generally, those students who undertook mini-pupillages at chambers where
the mini-pupillages lasted for two days expressed a wish that they had been able to stay longer, or to have another
mini-pupillage at another chambers so that their overall experience lasted five days. This was especially so where they
undertook their mini-pupillage during a quiet time of year; one student on a two day mini-pupillage was sent home
early on one of the two days as there was nothing else for them to do.
4.1.3 Whilst such unpredictable work patterns are consistent with a career at the Bar, when the student only has a two day
placement they do not have such a useful experience as those who have a full working week. Many benefits of the
programme, as highlighted in this report, are experiential and come from spending time with, and conversing with,
barristers. Therefore it is possible to see why students on short placements may feel that they have not benefitted from
the programme as much as others.
4.1.4
The autonomous nature of chambers means that they cannot be made to change their own mini-pupillage set up in order
to give standardisation across PASS chambers. Whilst chambers could be asked to comply with certain requests from
Inner Temple about the experience PASS students have, the variety of sizes and types of chambers, as well as the ways in
which they are run, would make this difficult. However, a best practice document, as detailed below, may assist in reducing
avoidable variations that impact on a students experience. A number of the matters that impacted on students experience
concerned how they were presented within chambers and integrated into the chambers mini-pupillage framework.
4.2
Integration and presentation within chambers
4.2.1 As PASS is conducted within chambers, the experience that a participating student has will be of the chambers, not of
the professional association itself (although a student may take their experience to be representative of the professional
association or the profession at large). Therefore, the experience will vary between chambers. Such variation may not
be material, or it may have a significant effect on non-traditional students perception of the Bar. It has the potential to
cause a mini-pupillage to be a less positive experience than it could be, if a non-traditional entrant encounters practices
or situations that make them feel like an outsider. An example of this was demonstrated through the case study. One
PASS participant was in chambers alongside mini-pupils who had secured their placements directly with the chambers.
These other mini-pupils had different profiles to the PASS participant, and he felt that this made his status notable;
I undertook the mini alongside three others that had gained a mini at [PASS chambers] through the traditional route, so it
was quite interesting to see the dynamic in that respect, cause I mean the other three mini pupils were hugely qualified
people [] and it definitely kind of gave me a somewhat uneasy feeling I suppose. (PASS FG 2, M, Cohort 1)
4.2.2 This was not the only set of chambers that had PASS mini-pupils at the same time as those who had applied directly.
Furthermore, some other participants mentioned awareness of their outsider status, with a PASS questionnaire
respondent stating that they could not see themselves at their placement chambers as I would not meet their very high
recruitment criteria, and another stated I am not sure I have the right background to get accepted. These responses
suggest that, for some PASS students, their outsider status was reinforced by the programme, and thus the status quo of
social closure was supported, instead of tackled, by the programme.
4.2.3 Whilst the candidate quoted above claimed that this did not cause him any concern or discomfort, there are two
issues. The first is that, even if this participant was unperturbed, other less confident participants might have found
this experience unpleasant. If this was so, it could have contributed to or created a view that the Bar is welcoming only
to those who have a certain profile. Thus it could operate against one of the intentions of the programme held by the
professional association to demonstrate that the profession is open to those of academic ability from all backgrounds.
Secondly, it must be considered as a possibility that the participant did feel uncomfortable about his status within the
chambers, but did not feel able to say so to the researcher, knowing that they were evaluating the programme for the
professional association which had provided it.
4.2.4 The way in which a participant is presented both by the professional association to the stakeholders, and within the
stakeholder to external parties is important. It is argued that to label someone as participating in a programme,
especially one which has eligibility criteria clearly published, is to potentially exclude that person further from
the profession by drawing attention to their non-traditional status. In this respect, it is difficult for the professional
association to control how candidates are presented within chambers, as many practitioners may see it as a simply
factual introduction, as some of the students themselves claimed to;
so when I was introduced to people it was Hi, this is X, he is on the Pegasus Scheme with us, hes a mini-pupil [] it wasnt,
er, pejorative, it wasnt negative in any way, it was just, sort of, a matter of information as to who I wasand it was exactly who
I was! (PASS FG 2, M, Cohort 2)
4.2.5 Furthermore, some chambers may not see the difficulty in presenting candidates as such. The same PASS participant
stated that he felt that being identified as such led to people within chambers taking a greater interest in his
background and aspirations;
they were more interested in me, I think. It was less, oh youve got another one of these, yknow, quite wealthy public
school peopleanother one I felt that they were more interested in how I found university and hows it going and this kind
of thing; slightly more, yknow, they were more engaged and more sort of aware (PASS FG 2, M, Cohort 2)
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4.2.6 For some participants, however, this would not be identified as a positive experience, and this highlights the inherent
subjectivity in doing good; is PASS really making significant changes to the experiences of non-traditional aspirant
entrants if it is allowing them access to work experience, but is not truly challenging the way in which the profession
conceives of non-traditional applicants? Such issues are reinforced when participants refer to chambers as being nice
to take them (see 2.4.7); the use of such a word suggests a power imbalance. This may be through perceived feelings of
pity towards the candidate or indebtedness on the part of the candidate towards chambers, when exposure of chambers
to academically-strong, non-traditional applicants is actually likely to be a mutually beneficial interaction.
4.2.7 It seems that this is, perhaps, one of the biggest challenges that PASS faces. In allowing non-traditional aspirant entrants
to tick the boxes that chambers are looking for, which often favour traditional entrants, without exploring whether those
boxes represent necessary attributes for potential in the profession, is PASS unintentionally and indirectly contributing
to the maintenance of social closure?1 Would a more radical and long-term change be effected instead by challenging
the seeming current necessity of having work experience to succeed in obtaining pupillage? Might a re-appraisal of the
importance of work experience in the profession be a more wide-reaching project?
4.2.8
On a lower level, however, within PASS, where a programme is administered by a central organisation, but is then delivered
by autonomous bodies, there will inevitably be some unavoidable variation, but where this has the potential to negatively
impact the experiences of the student it should be reduced as far as possible. Inner Temple may wish to consider whether it
wishes to draw up a document setting out best practice to provide guidance to chambers and to try to ensure parity across
chambers as far as possible. Such a document could also highlight the need to be aware of the implications of matters
such as having a PASS student in chambers simultaneously with direct applicants. There is a need to take care to balance
guidance with chambers autonomy, but some may be open to receiving guidance on how seemingly very small details of
interaction can include or alienate a non-traditional student. If produced sensitively, such a document may bring greater
parity between the experiences of students without chambers feeling that Inner Temple is being overly directive.
4.2.9 As well as matters relating to the students experience of PASS, there is also the programme as an entity. A full evaluation
of any entity examines not just its effects, but also its running and practicalities. This requires a consideration of matters
such as aims, objectives and outcomes, as well as format, timing and location of the programme, which are addressed in
the next section on the operational challenges arising from PASS.
5. Operational challenges
5.1 Aims of the programme
5.1.1 Those who had been involved in establishing PASS were not always in agreement regarding its aims and objectives.
There were a variety of objectives which interviewees suggested the programme was trying to meet, and these varied
in their achievability, ranging from increased numerical representation of students from non-traditional backgrounds
to demystifying the profession. There was also disagreement about the inter-relation of the Pathways and PASS
programmes (see section 5.3 below).
5.1.2 This lack of clear agreement about the aims of the programme and its role in the wider structure of access initiatives
being run by Inner Temple may compromise its efficacy. Therefore it is recommended that thought is given to the aims
and objectives of PASS so that these can be clearly communicated both within Inner Temple, but also to chambers and
to students participating in PASS. Managing expectations is key for all stakeholders, and the possibility that this had
not been fully achieved was highlighted by both differences in opinions conveyed in interviews and also the implied
perceptions of some student participants. For example, PASS students who applied for a scholarship and did not receive
one refused to speak to the researcher having previously agreed, and in one case sent vitriolic emails to staff in the
Education and Training Department. Whilst this was one (extreme) example, expectation management regarding the
consequences of participating in PASS may be helpful to all involved.
5.1.3 If the aim of the programme is mutual exposure between non-traditional aspirant entrants and chambers then its success
seems difficult to deny. If, on the basis of their encounters through PASS with able non-traditional aspirant entrants,
chambers are more open-minded in their direct mini-pupillage and pupillage recruitment processes, then there is a clear
improvement in potential to increase access to the Bar. Evidence of this on an individual level was seen in an interview
with a chambers representative who went through their direct mini-pupillage application form with the researcher
I think this form is not going to do much to encourage people from non-traditional backgrounds because its long and a bit
scary so, and I said I disagreed with it at the time. Make it shorter make it more simplistic. There are so many categories
and sometimes, inevitably when you see a box on a form you feel that you have to put something down and if its asking for
masses of details on qualifications and scholarships and membership of professional bodies, awards, goodness knows what,
marshalling, more scholarship prizes and the fact that this is going to take a huge amount of time to fill in, I think it is going
to put people off. (Interviewee 5, non-Inner, M, chambers rep)
5.1.4 If, however, PASSs aim is to promote access to mini-pupillages for non-traditional aspirant entrants then its success
may be a little less certain. Through placing a relatively small number of non-traditional aspirant entrants in chambers
as mini-pupils, a large number of non-traditional aspirant entrants will nonetheless remain without work experience,
something which research has shown to be key in succeeding in the legal profession (Young Legal Aid Lawyers, 2013:
22; Francis and Sommerlad, 2009). In this way, the programmes benefits are potentially confined to a relatively small
group of students who gain work experience through the programme.
1 The author presented a paper on this particular issue at the Socio-Legal Studies Association Conference in Warwick in April 2015.
17
5.1.5
Furthermore, information from some focus group participants suggested that participating in PASS simply allowed
non-traditional aspirant entrants the opportunity to play the game, instead of challenging the rules of that game
which disadvantaged them. For example, they met people who then offered them informal work experience
opportunities in the way that traditional aspirant entrants may be able to access them through family or friends;
And the lady I was sitting next to was a Circuit Judge at Southwark Crown Court so I was sitting next to her, got talking to
her and she offered me a marshalling experience for the week which was really good. (PASS FG1 Participant 4, F)
I came to the Dinner to the Universities in March, and through the person I was sat next to got another mini-pupillage, so,
in that sense, as well as the experience of coming to that event and meeting loads of people; lots of law students, lots of
barristers and being in this environment it was also making new contacts. (PASS FG1 Participant 1, F)
5.1.6
Therefore, instead of challenging the perception of chambers that students need to have undertaken mini-pupillages
to be realistic candidates, and educating them as to the diverse other ways in which young people may have shown
academic ability and the raw skills needed to practise at the Bar, PASS propagated the necessity of mini-pupillage.
However, due to constraints in resources, it can only provide mini-pupillages to a small number of non-traditional
aspirant entrants. For this reason, it is suggested, as explained above, that PASS may not be as radical as it seeks to be
in changing the approach of the Bar to non-traditional aspirant entrants.
5.1.7
The second quotation above also provides one illustration of the differences in perception experienced by students
and practitioners. A practitioner (quoted at para 3.1.5) suggested that the need for networking was a myth propagated
by universities. Nonetheless, it is clear that not only do students believe that networking is important, but then have
this reinforced by experiences which demonstrate that to be true, such as the securing of a mini-pupillage informally
through attending a dinner.
5.1.8
Less abstract matters were also in evidence, however, as possibly affecting the efficacy of the programme, and these
will now be addressed.
5.2 Timing of the programme

5.2.1.
A number of the students felt that they would have benefitted from participating in PASS earlier on in their academic
careers. The general advice is that students apply for PASS in their second year of undergraduate study, although some
of those who participated in focus groups had applied later (for instance, whilst doing the GDL) and one had applied
earlier (in his first year at university). The student who had undertaken his placement at the end of his first year felt
strongly that by doing this he still had time to capitalise on its benefits by applying for further mini-pupillages whilst
he was still at university. A number of those who had participated at a later stage felt they would have gained greater
benefit earlier in their university careers.
5.2.2
One challenge that Inner Temple meets here is that many chambers will not take mini pupils until they have
completed two years of a Law degree, or three years of a non-Law degree. Whilst there was occasionally negotiation
directly with chambers where a particularly strong candidate expressed a wish to go to chambers practising in a
certain area, it will generally be the case that taking students before their second year will not be feasible, so small
would be the number of chambers willing to accept them;
The problem is that about a quarter of the chambers on PASS will take first year students. And those are in specific
practice areas as well so it can be quite difficult for us to do that [take students earlier] while all of them will take final year
law students. (Interviewee 11, Inner, M, salaried)
5.2.3
There are a number of logistical issues that make legal work experience-based programmes difficult to introduce
for younger students; interviewees pointed out that it was a particular issue in Family practice due to courts sitting in
camera and thus students having to be 18 to attend. Others talked about the difficulty of the subject matter and inter-
personal skills needed in other areas making having a young person accompanying the barrister a potential problem.
5.2.4
An Inner Temple employee justified the stage at which PASS has been placed thus;
I think we were also mindful that we wanted something to sustain the relationship with our schools project students
entering university stage and then hopefully thereafter, so it was, I think, it was a bit two-pronged insofar as we are missing
those students that might not have been on the schools project but that would have fit in that category and I dont mean
us as an Inn, but us as a profession, and secondly that a lot of the students from our schools project would then have this
issue going forward and we want to support them. (Interviewee 11, Inner, M, salaried)
Nevertheless, a number of participants suggested that earlier intervention would be helpful;
just talking to barristers; so barristers visiting schools and that kind of thing, perhaps at the earlier stage; year 9 or
10 maybe while their GCSE and A Levels are still in the future, or people who are about to start university. (PASS FG2
Participant 2, M)
5.2.5
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Earlier intervention before young people sit public examinations such as GCSEs is also supported by general
research on social mobility. Jerrim, Vignoles and Finnie (2012: 22) highlight the need for early intervention and
encouragement for children from lower socio-economic backgrounds so that their attainment at a very young age
does not bar their path to higher education. For the Bar, where academic achievement is important, there is an
argument to be made for intervention before such examinations. However, to have profession-specific intervention at
such an early age is likely to be contentious. For the Bar it would be practically extremely difficult if done in the form
of placements. However, there are other ways of the profession engaging with younger students, as demonstrated by
the Pathways programme (Interim Report, paras 3.3-3.4). What is not possible in such engagement, however, is the
experiential element so valued in PASS.
5.2.6
A chambers that did not participate in PASS but had instead created its own bespoke programme agreed to have a
senior member interviewed as part of this research. This added a very interesting dimension to the research, as it
offered a point of comparison what was another organisation doing to challenge social closure at the Bar, and in what
ways did it differ from PASS?
5.2.7
The chambers in question is known for its progressive approach within the profession. In this spirit, it had decided
against the offering of mini-pupillages from its beginning;
We decided not to do it because they traditionally were [] whilst you were at university and you would know somebody
and you would go along or there might be a more open system, but it was mostly through people that you knew and then
you would go along and you would shadow a barrister and go to court and see what it was like and it seemed to us to
be very unfair to people who didnt have anyone that they knew and also that they were unpaid we thought was awful
(Interviewee 12, non-Inner, F, chambers rep)
Instead, it offered work experience which was the same as mini-pupillage in many material ways, but at an earlier age
and with expenses paid;
[It] is for people before they get to university so its for people through from GCSEs to A Levels. Now that isnt to say, we
have had sometimes had people who are at university, but that is who it is meant to be for. [] So there is an application
form that you have to fill in, your teachers have to fill in a bit you know or somebody has to fill in a bit, you know its not a
CV its an actual application form about you and we read those quite carefully and then we allocate places against that.
We pay travel expenses and we pay expenses whilst you are here, so you make sure you get your lunch and pay for you to
go to court if you go to court and that sort of thing. (Interviewee 12, non-Inner, F, chambers rep)
5.2.8
Thus, not only had these chambers rejected the traditional nomenclature, they had rejected the entire premise of
unpaid work experience, instead offering two different alternative options. The first being that described above, and
the second a broader programme of access activities targeted at a school local to the chambers (in central London).
By doing this they fostered a longitudinal relationship with the young people which began in the school, and then
extended to work experience;
our access scheme which we have been running for about 3 or 4 years, 4 years now and we do that with a local school
and one of the reasons why its so empty downstairs is because some of the staff have gone this morning, they have got,
I cant remember what they call it, but its like a skills morning, its some kind of careers morning for the kids in school
and they have gone and they are all having to fill in application forms, they have had to do that in advance, send them to
us in advance, we sifted them as we would sift the usual, and then we are interviewing them so they are getting interview
practice. (Interviewee 12, non-Inner, F, chambers rep)
5.2.9
These chambers felt that their work experience programme addressed the need for earlier intervention to give
students information about the academic qualifications needed to optimise their chances for entry to the profession
before sitting public exams;
we thought we needed to start at a much earlier point [] you have (a) to know that it is available and then (b) you have
to know what kind of grades you need [] I think its important that people know it is a role that they could do but that you
do have to work hard for it. (Interviewee 12, non-Inner, F, chambers rep)
5.2.10
This chambers did a lot of Criminal work, and found that taking younger students into the criminal courts had not posed
a problem (criminal trials are ordinarily open to the public, so provided a younger student is suitably behaved, this
is unlikely to be problematic). As stated above, however, this may not be so in all areas of practice. This provided an
interesting model for comparison with PASS. It addresses concerns over PASS intervening too late to make a substantial
difference, and also takes the focus away from mini-pupillages in the traditional sense. Instead it focuses on engaging
young people with the profession before they have taken important educational choices and public examinations. It
thus prioritises the provision of information which many participants felt strongly was lacking for many non-traditional
aspirant entrants. It also uses a model of work experience which does not favour pre-existing links to the profession,
and again, targets it at younger students as part of the tools used to provide them with information.
5.3 Inter-relation of programmes

5.3.1
Both of the above sections on aims and timing are also related to whether PASS is intended to be part of a coherent
series of programmes, with students participating in both programmes at the relevant educational stages, or whether
each programme is intended as a stand-alone, with the intention that any student should only need to participate
in one of the programmes to receive the assistance that they seek. This was a notable point of tension with some
interviewees. Many had differing opinions as to whether seeing a Pathways student appear on a PASS application form
denoted a lack of necessary help from Pathways or whether it denoted a success as it had brought that young person
within the network of programmes that could offer them assistance;
Researcher: Do you think they form a cohesive path; the Pathways and then the Pegasus?
Interviewee: No, because I very much hope that by the time someone has been through the Pathways programme they
wouldnt need the Pegasus programme. (Interviewee 4, Inner, M, Bencher)
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5.3.2
It is worth noting here that PASS is to some extent reliant on other programmes to precede it due to the problems
caused by low attainment at an earlier age. In this way there is a complementarity between the two programmes.
However, even Pathways does not engage with students until after they have sat GCSEs. A recommendation stemming
from this research, therefore, is that a decision needs to be made about the inter-relation of the programmes to one
another. Of the students interviewed in PASS focus groups, only one had undertaken Pathways, and he had found it to
be quite simplistic; not going beyond knowledge he had already acquired through his own research. Thus, for him,
PASS was crucial, providing assistance that Pathways had not;
I did the Pathways to Law scheme based at the University of Southampton which is near where I live, and, Im going to
be very honest, I didnt find it very useful at all. It was quite simple; it was really an introduction. I think that for me, as
someone who had done quite a lot of research already, it told me what I already knew. (PASS FG2 Participant 2, M)
5.3.3
Therefore it is not suggested that having participated in an earlier scheme should disqualify a student from PASS.
However it is recommended that a decision is made as to whether these programmes form a structure of support, or
whether each is intended to stand alone. Is encouragement given to those who have completed earlier programmes
to then apply for PASS, or is PASS intended to catch those who have got to university level without having previously
benefitted from participating in such a programme?
5.3.4
Similarly this disagreement made it unclear what approach would be taken to extending the support offered through
PASS into a longitudinal programme with follow-up activities such as application form advice and mentoring for
students who had participated, as addressed in the next section. Therefore, this is advanced as one of the strongest
recommendations arising from the research; that for aims and objectives to be most efficiently formed and for all
parties to understand more fully the role of the programmes, their relationship to one another should be determined.
5.4 Extension of support

a) Longitudinal
5.4.1
All interviewees, stakeholders and students were asked what they would institute as an access initiative if money was
no object, or how they would develop PASS further on those terms. The idea behind this was to explore what elements
of an access initiative they thought were most important, and those directions that PASS may take in the future. Many
stated that Pathways and PASS were working well, but they would like to see their reach expanded, particularly
geographically. This quotation is representative of many interviewees views;
I am very conscious of the fact that Pathways is London-centric and limited in the number of people it can help, but thats
no excuse for doing nothing, and I am also conscious of the fact that the Pegasus Access Scheme is very important for
some, but I would like to have more people applying through it. But I think as people become aware of that, the academics
we talk to become aware of that and recommend it to their students, then it will do that. (Interviewee 4, Inner, M,
Bencher)
5.4.2
This highlights a significant issue for access programmes both at the Bar and more widely; that the organisation
administering such a programme cannot control other elements of the profession. Similarly, they cannot control the
contexts which non-traditional aspirant entrants experience in their family, peer or school environments. There is
some possibility, however, of the Bar adapting or re-presenting its own environment differently, to increase the ease
with which non-traditional aspirant entrants feel included.
5.4.3
A particular notion that was mentioned frequently both by interviewees and students in focus groups and
questionnaires was that they wanted the programme to continue in some guise after the provision of the mini-
pupillage. Commonly, suggestions for such a continuation were networking events, individual mentoring, or
workshops on completing application forms, for example.
5.4.4
The main hurdle to such provisions was finite financial and human resources;
I think a lot more can be done with PASS. We are looking at how we can make it a more [indistinguishable] scheme as
well, so CV workshops, or networking or quite practical apart from just the mini pupillage, but capacity wise we are
incredibly stretched and while you dont think those things might take too much effort, actually they do. So its less what we
want to do but more whether we will be able to do it at this stage and it always means if we do change things which almost
invariably requires resources in terms of time, that we have to let something else go. Right now we dont know what that
would involve. (Interviewee 11, Inner, M, salaried)
5.4.5
This quotation, however, demonstrates that both Inner Temple and the student participants envisaged similar activities
as being of use to students in extension of PASS. Although the scheme has officially been renamed PASS (the Pegasus
Access and Support Scheme) during the course of this research, the content of it has not changed markedly. Students
were aware that, even after they had secured mini-pupillages through PASS they still had to meet the hurdles of further
mini-pupillages, scholarships, the BPTC and ultimately applying for and securing pupillage. These were all perceived
as difficult things to achieve, and especially so without specialist support from those who understood how the system
worked.
5.4.6
Therefore, a further recommendation from this research is that consideration is given to the extension of PASS to
include factors of the natures mentioned; for example, mentoring, workshops on applications, or informal events
where students can mix with barristers. As discussed below, this may raise a difficult question as to whether more
support is given over a longer period for fewer students, or whether the current support level is maintained but with
the numbers currently involved (para 5.4.9).
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5.4.7
Another discussion about the extension of the programme focussed on its geographical reach, and the possibility and
desirability of involving more chambers that were out on circuit through England and Wales.
b) Geographical
5.4.8
PASS currently focuses on London chambers. Enterprise Chambers Leeds annex also participates, as does 37 Park
Square, another Leeds-based chambers. However, such a narrow geographical spread will limit the number of
students who can participate. Although travel expenses are paid (and the importance of this has been highlighted
above) there will still remain large areas of the country from which it is not feasible to travel to London every day.
There are two possible approaches to this situation. The first would be to try to engage with more chambers outside
of the London area. This would prima facie solve the problem. However, administering the programme with chambers
further away may pose greater challenges to those based at Inner Temple, as it may be more difficult for them to give
assistance if problems were encountered during the mini-pupillage, for example.
5.4.9
A second solution, which has been employed to some extent with the current cohort under the direction of Struan,
has been to provide accommodation in the City for those students who are not London-based. This seems to have
worked well to the extent that it has been used so far, but the clear issue here is cost. Where students are having
accommodation funded, especially for the longer mini-pupillages, this will be costly. Using funds for accommodation
may mean that fewer students can have mini-pupillages funded through PASS as less money is available to fund travel
expenses. The question therefore arises of whether more financial support should be given to fewer students, so that it
is possible for students from anywhere in the country to participate, or whether less support should be given to more
students, with a focus on travel expenses, restricting the geographical reach of the programme.
5.4.10
This relatively narrow geographic reach was a source of disappointment to many stakeholders. They felt that the
programme was beneficial, and therefore it was a shame to restrict its reach to those within a certain geographical
area. When it was suggested that the programme could be extended to regional sets, however, some interviewees
suggested that the quality of out-of-London sets was more variable, and therefore it would be more advantageous to
the students on the programme if they were accommodated in London (which has since begun to occur);
I mean there is, there are very good sets on circuit, but again, that would be better than nothing and I dont mean that
pejoratively.I agree with you, but ideally these people should be exposed to the very top sets in London. (Interviewee
7, Inner, M, other prof assocs)
5.4.11
Another matter relevant to expanding the reach of the programme, however, is ensuring that students do hear about
the programme, and with the costs of advertising potentially taking money away from the programme, careful thought
needs to be applied to decisions to advertise more in a formal sense, or whether to rely on word of mouth assisting
with the spread of information about the programme.
5.5
Advertising
5.5.1
PASS currently has a relatively small throughput. However, the students who were aware of it seemed to largely have
heard about it through good luck. They happened to have been at an event at the Inn where it was mentioned to them
(such as a Dinner to the Universities), or had a member of academic staff at their university who had links to Inner
Temple and had made the effort to advertise the programme to the students at that Law school.
5.5.2
Some interviewees were aware of the current lack of advertising, and the effect this may have on the programme;
publicise it more, again its getting out, people are beginning, we have got more applicants now because its the second
year, people have heard about it and word of mouth. (Interviewee 7, Inner, M, other prof assocs)
5.5.3
It is suggested that in increasing links with and demystifying the profession to universities, such advertising may
become more effective. Whilst some universities staff hold the view that no-one from that institution is capable of
succeeding at the Bar, advertising the programme effectively through Careers Services, for example, will continue to
be a challenge.
5.6
Consolidation of resources
5.6.1
A strong influence on the comparison (non-PASS) chambers decision to initiate their own programmes was that they
felt that they were stretching themselves too thinly by committing to a number of external programmes, and that by
creating their own they would both increase cohesiveness within the chambers and also, through focussing resources,
have one effective programme that they controlled, instead of different members committing to other programmes
and efforts potentially being diluted;
we were very keen to help out where we could but a lot of our clients, law firms would have projects [] and we
would help out on all of these, we were always keen to help out, but it was usually very last minute, it was quite reactive
rather than being proactive, you couldnt measure how successful you had been, you do one one year, you might not do
it the next year and we werent big enough to be able to take an active part in all the schemes, so we decided to stop all
of those schemes and let other chambers, you know, take those on and just do our own scheme. And there were internal
reasons for that as well so we were growing larger as a set of chambers [], so everyone got involved in the one project
so that helped internally, people get to know each other better so it really made it our project rather than somebody elses
project and it really empowered us so we have one project which just gets stronger and stronger and stronger every year.
(Interviewee 12, non-Inner, F, chambers rep)
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5.6.2
Such feelings were reflected by another interviewee who highlighted that often there was a lot of enthusiasm for social
mobility projects at the Bar, but channelling such enthusiasm into an effective project was difficult;
I think the one really striking thing is there is a huge amount of goodwill in my experience right across the Bar for social
mobility programmes. The problem is harnessing that effectively and thats the really difficult thing, given the way the Bar
is structured [] there is quite a lot of enthusiasm out there and every time we put a plea out for support for one of our
schemes we get a huge amount of volunteers. So its harnessing it thats the difficulty. (Interviewee 2, non-Inner, F, other
prof assocs)
5.6.3
PASS was widely regarded as meeting this challenge; by centralising the application process chambers did not
need to worry about its ability to commit administrative resources to the project. Chambers and barristers could
assist in the general social mobility effort by agreeing to have PASS students and then making the effort to give them
an enlightening experience during their mini-pupillage. Many of the student feedback forms mentioned specific
barristers who had been supportive towards them during their mini-pupillage; there were clearly members in most
chambers who were taking very seriously the chambers role in PASS.
5.6.4
In a self-employed profession, the support that Inner Temple, as a trusted professional association, was able to provide
to chambers in co-ordinating the programme was viewed as vital by all those chambers representatives interviewed.
5.7
An ethical conundrum?
5.7.1
Careers-based interventions on access raise additional tensions in a profession as competitive as the Bar. Is a
programme such as PASS aimed solely at recruiting those from socio-economically disadvantaged backgrounds
to the Bar, or is it aimed at a more widespread audience with the intention of generally increasing access by raising
awareness and disseminating information about the professions? This issue had caused tensions more widely than
simply amongst participants, with current Supreme Court Justice Lady Hale speaking on the matter at least twice in
the few months prior to the interviews being carried out. She had given an interview in which she had stated that legal
aid cuts would lead to the Bar returning to being white, male and Oxbridge.2 This had been preceded by her keynote
speech in October 2013 at the launch of the Young Legal Aid Lawyers report into social mobility; One Step Forwards,
Two Steps Back, in which she stated,3
What is the point of all our outreach work with schools, of the Sutton Trusts splendid Pathways to Law programme, and
similar initiatives by the professions, if we tempt more and more young people to aspire to a legal career that most of them
can never have?
5.7.2
This logic, however, was hotly disputed by a key figure in PASS at Inner Temple;
I mean I have always seen outreach as providing good careers advice and hopefully aspiration raising more generally
to students who might not otherwise have it, and careers advice includes realistic expectations of what the professions
gonna be like.You dont get that by closing the doors, you know by lifting the bridge you will not get a more informed
prospective group of students, (Interviewee 11, Inner, M, salaried)
Much of the data collected for this research suggests, with all due respect, that Lady Hale had misconstrued the effect
that such programmes are having on the students who participate in them. Most of the responses, both in focus group
settings and on the online questionnaires filled in by Pathways students and PASS participants, suggested that students
were under no illusion as to the challenges that they faced in pursuing a career at the Bar. Akin to Sommerlads cohort
of LPC students (2007: 200), many student participants acknowledged lack of understanding before participating in
the programme, with one describing his knowledge of the Bar as quite insubstantial up until [PASS], and a Pathways
student not understanding how self-employment worked, thinking that it meant not getting paid at all. However,
generally lack of knowledge and misunderstandings seemed to have been corrected by the programmes, to the
extent that this could be judged in the written responses and was stated by the students themselves.
5.7.3
A number of questionnaire answers showed that, even for those students who had come to the conclusion as a result
of participating in Inner Temples access programmes that the Bar was not their desired career, participating had
nonetheless raised their aspirations by making them feel that a professional career was an achievable goal for them.
This was also recognised by practitioners whose chambers participated in PASS, identifying that non-traditional
students gained something more fundamental from mini-pupillages than simply a knowledge of the law or an
understanding of the daily realities of being a barrister;
you see these kids on the Monday morning and they look terrified. By the time you see them on the Friday afternoon
and they have completed their week, they are walking two foot taller, they say they have confidence and you can see it in
them and they say things like, Even if I dont come to the Bar there are things that I have learnt this week that I will always
carry with me. [] we are not trying to turn them all into barristers, we are trying to give them a look into a world that
maybe they think is not for them. (Interviewee 10, Inner, F, other prof assocs, SBA)
2 Legal aid cuts will help public school boys get to the top, says top female judge, The Telegraph, 18th April, 2014 [accessed 19th September 2014]
3 Keynote speech, Young Legal Aid Lawyers Conference, London Southbank University, 30th October 2013
22
5.7.4
This illustrates that the most important factor in the content of interventions such as this is not the information given
that is specific to the profession (although for some participants that will be of the most interest) but the more general
information about occupational success, and raising aspirations to professions more generally by allowing non-
traditional students to see that the professions are open to anyone with strong academic achievement, and guidance
on how to achieve this;
And the most important things I took away were not at all connected to the Bar, it was just about useful life skills; how to
do well at university, this kind of things; they were the most important things that I actually learnt on the way back from this
thing in Kent at Chatham County Court, on the train talking to my supervisor, that was the most useful conversation and
thats really the gold. (PASS FG2 Participant 2, M)
5.7.5
Thus, whilst the legal knowledge content of access interventions is useful and interesting for many students, if the
programme is viewed as an aspiration-raising exercise, as well as a method of gaining work experience with the
intention of applying for a job within the legal profession, then the more general content which comes through close
contact with professionals is as crucial. For the specific information relevant to the Bar to be conveyed in this way
it is necessary that practitioners are engaged in these programmes, and that it is the Bar itself telling its story. This
gives it both accuracy and an appearance of greater willingness to engage with aspirant entrants. This is particularly
important due to the sometimes misleading (albeit well-intentioned) information that students may access through
peers, the media and sometimes staff in educational settings.
6. Conclusion
6.1
This report has sought to set out the main strengths of PASS, as well as those areas in which changes could be
considered which may allow the programme to be more effective. There is no doubt that the programme is helping
young people to understand more about a career at the Bar, and that many would otherwise struggle to access this
information. Those who had participated were, overall, extremely positive about their experiences, which is to the
advantage of both the students themselves and the profession.
6.2
Structurally the programme is restricted to some extent by the nature of the profession. Self-employment in
autonomous chambers and the consequent lack of consistency in the provision of work experience means that PASS
has to take into account these variations to include as many chambers as possible. As the professional association in
a self-employed profession, it also lacks coercive powers (and it is not suggested that, even if coercive powers were
held, their exercise would be appropriate in these circumstances).
6.3
Action could be taken, however, to surmount variations in the expectations of participating students by communicating
clearly to them what mini-pupillage at those chambers will involve, and by setting out a document of best practice.
This could reduce variations whilst recognising that all chambers have their own established mini-pupillage
programmes, as this is a requirement of them joining PASS. The possibility of extending the geographical reach,
advertising and longitudinal support all seem to be directions that stakeholders and students feel strongly should be
considered in order to increase the number of students who may benefit from it and the degree of that benefit.
6.4
However, questions persist over whether the provision of work experience is the best way of improving social mobility
at the Bar, or whether it subtly reinforces mechanisms that act to the detriment of non-traditional students. In this
way, whilst PASS is greatly preferable to no action, future programmes may be helpfully focused on emphasising to
the profession the transferable skills which non-traditional aspirant entrants may have learnt in other settings which
demonstrate their capability for the Bar. Similarly, educational establishments need to be encouraged to support
students who are capable and wish to aim for a career at the Bar, and not to dismiss them on the basis of myths about
the class or educational contexts of barristers. This could build upon the strong work that Pathways and PASS are
already doing in demystifying the profession to non-traditional aspirant entrants.
References
Bar Council (2014) Barristers Working Lives: A second biennial survey of the Bar 2013, London: The General Council of the Bar
Beck, U. and Beck-Gernsheim, E. (2001) Individualization: Institutionalized Individualism and its Social and Political Consequences,
London: SAGE
Francis, A.M. and Sommerlad H. (2009) Access to legal work experience and its role in the (re)production of legal professional
identity, International Journal of the Legal Profession, 16(1), 63-86
Jerrim, J., Vignoles, A. and Finnie, R. (2012) University access for disadvantaged children: A comparison across English
speaking countries, Department of Quantitative Social Sciences Working Paper 12-11, University of London: Institute of
Education
Neuberger, Rt Hon Lord (2007) Entry to the Bar Working Party: Final Report, London: The General Council of the Bar
Sommerlad, H. (2007) Researching and Theorising the Processes of Professional Identity Formation, Journal of Law and Society
34(2), 190-217
Young Legal Aid Lawyers (2013) Social mobility and diversity in the legal aid sector: One Step Forwards, Two Steps Back, London:
YLAL
23
Appendix A
Interim Report to Inner Temple Pathways (February 2014)
Introduction
1.
This research project, funded jointly by Keele University and Inner Temple, explores the role of professional associations
in promoting social mobility within an elite profession, through an evaluation of the outreach and social mobility activities
undertaken by Inner Temple and focusing, in particular, on the Pegasus Access Scheme (PAS). This is combined with the
wider academic aim to contribute to the understanding of how professional associations are able to engage with, and
promote, divisive issues such as social mobility.
2.
The first stage of the research project considered Inners involvement in the Pathways to Law programme and was informed
by data collected by Inner Temples Education and Training Department and analysed by the author. Further data was
collected from a focus group of nine students who had participated in a Pathways to Law session that day. Stakeholder
interviews with Benchers, representatives of chambers involved in PAS, and others involved in promoting social mobility at
the Bar are also being undertaken. At the time of writing, these have not yet been completed.
3.
The rationale behind the research design of data collection from documentary sources, a focus group and interviews was to
explore the issues from the perspectives of the main stakeholders; the students who had experienced the programme, and
whom it was intended to benefit, and members of the profession who were involved in conceiving and implementing it.
4.
This report presents a summary and short analysis of this data.
Executive Summary
Key findings
The overwhelming majority of participants provided extremely positive feedback about the day, and indicated a strong
move towards considering a career at the Bar as a result of their experiences at the event.
Emerging/broader themes
a) Dispelling myths of the Bar
Many participants admitted that they had had preconceived ideas about the Bar, some negative, but that these had been
largely dispelled by Pathways as they had seen a diverse range of people who practised, and had been able to hear about
their personal experiences. They also felt that the Bar was more meritocratic than they had previously realised. However,
variation between the type of information provided by different barristers leading the small group sessions, and the fact that
some students were only able to speak to barristers from one practice area that did not reflect their own interests were matters
highlighted as possible areas for improvement.
b) Future Uncertainty
Financial concerns weighed heavily on the minds of the participants, especially as they felt uncertain about their chances
of success at the Bar. This was exacerbated by the significant financial outlay of the BPTC, and concerns that it was not a
transferable qualification. Furthermore, they worried about how their professional aspirations would impact on or be
compatible with their future families and relationships.
c) Institutional and social constraints
The students participating in Pathways showed significant awareness of the tensions between their current social and
institutional situations (peers leaving school and not going into employment) and their own career aspirations.
Preliminary recommendations
a) Consider where and when it might be appropriate to include a little more detail/discussion about options open to
students who do not gain pupillage or tenancy, and explore ways in which the BPTC is useful to a greater extent than
just for the Bar.
b) Ensure that members who participate are conveying up-to-date information. Although some students recognised
that some information given related to historic recruitment patterns (in this case, in terms of attitudes to academic
achievement) there is a risk of misunderstanding - the avoidance of which is key in a programme seeking to inform.
c) Aim for the widest possible spread of practice areas to be represented at the day in order that participants can build
an understanding of the differences between practice areas.
Background to the Pathways Project

2.1
24
Prior to this research project, Inner Temple had collected data by distributing questionnaires to students who had
attended Pathways to Law days at the Inn. The Pathways programme was set up in 2006 by The Sutton Trust and The
Legal Education Foundation (formerly The College of Law) with support from major law firms, to inspire and support
academically able students from under-privileged backgrounds interested in a career in law. The programme is
targeted at 17 and 18 year-olds in Years 12 and 13 whose parents have not been to university or who have been
eligible for free school meals. Preference is given to those in lower performing schools and poorer areas. Pathways to
Law is currently run through a network of universities across the UK, with support from over 30 law firms.
2.2
There have been ten Pathways to Law days which the Inner Temple has hosted, offering students an opportunity to
see the Inn, meet barristers, and participate in legal exercises. At the end of these days, evaluation questionnaires
were distributed to the students. The data from them was entered into the SurveyMonkey website, from which Inner
Temple was able to generate spreadsheets which were provided to the researcher. The table below details each days
attendance. It also shows the response rates to the evaluation questionnaires which were analysed for this report.
Event
Location of
students
School year
group of
students
Number of
participating
students
Number of
responses to
survey
Response rate
April 2010 (Pilot)
All institutions
Year 13
41
41
100%
January 2011
London
Year 12
114
110
96%
April 2011
Out of London
Year 13
78
73
94%
June 2011
London
Year 13
105
68
65%
December 2011
London
Year 12
140
139
99%
April 2012
Out of London
Year 13
62
62
100%
November 2012
London
Year 12
139
128
92%
February 2013
London
Year 13
28
25
89%
April 2013
Out of London
Year 13
77
56
73%
November 2013
London
Year 12
(data to come)
(data to come)
(data to come)
Key Findings
3.1
The data collected from students through evaluation questionnaires was collated by the researcher and can be seen
in Appendix A of this report.
Pathways Day Overall

99% of those who attended rated the day as excellent, very good or good.
Content of the day
99% agreed or strongly agreed that barristers on the panel were informative and engaging.
94% agreed or strongly agreed that the information provided was relevant to them at their stage of education
99% agreed or strongly agreed that the barristers leading the group exercise were friendly and approachable and
able to answer questions
97% agreed or strongly agreed that they had a better understanding of the Bar, and how to improve their chances of a
career at it, as a result of the event.
Activities
The questionnaires asked the students to choose which part or parts of the day they found the most helpful. Some
of the cohorts were asked to select just one option, whilst other cohorts had no limit to the number of answers which
students could select, and some selected multiple answers. There was some variation between cohorts in the format of
the day and the options offered, so the numbers of students who selected that option, and the total number who could
have, are shown.
Presentation/speeches from panel members
312 (611 responses) 51.1%
Group exercises
296 (704 responses) 42.0%
Opportunity to speak to practising barristers
216 (636 responses) 34.0%
Visit to chambers
87 (263 responses) 33.1%
Opportunity to see Inner Temple
81 (555 responses) 14.6%
Information in the folders provided
57 (611 responses) 9.3%
25
A note about group exercises

3.2
The variation between the group activities provided shows some interesting results (see Appendix A for full data).
Where the title is simply group exercises it was not recorded on the feedback forms exactly what activities had been
done within the context. The other categories shown, however, display the variety of the group exercises. Some were
much more popular than others. For example, whilst 44% stated that they had found the mock trial the most, or one of
the most, helpful parts of the day, only 20% felt this about the sentencing exercise. Although each of those activities
was only carried out with one cohort, giving small sample sizes, the result may be indicative of the sort of exercise that
is most accessible and most enjoyable to students of this age and stage.
Preferred activities
3.3
A large majority of students found the most useful aspects of the days were those in which they could meet and
engage with those in practice (presentation/speeches from members of the panel, the opportunity to speak to
practising barristers, and the visit to chambers) and those which allowed them to experience real practice and the
skills it required. For such students, these are the sorts of activities and opportunities to which they are unlikely to have
had prior access, in contrast with students from more traditional Bar backgrounds who may be able to secure such
opportunities through school or family contacts.
3.4
The focus group participants similarly enjoyed activities which required them to use relevant skills, within a recreation
of the environment in which a barrister would use them;
our group was amazing; our barrister, he was quite funny and it was really interactive and we got a chance to like
get into a role, and then it was really good; we got toso three people had to be judges and one person had to be
a barrister, representing a client, and he just sort of like, you know, he wasnt rude to us but he was challenging us
on what to say, like it would be if this were a real case. It was really, really interesting. (FG Participant 5, F)
3.5
Although there seems to be little support for the paper resources provided, the day is structured such that the students
do not have time to read through the literature during the day, before filling in the evaluations. Therefore, the relatively
low level of positivity about them in the evaluation questionnaires may have a contextual explanation, and they may
have a longer term use not reflected in this survey.
Career Aspirations
3.6
Which of the following statements do you most closely identify with? (704 responses)
203 selected attending this event has confirmed my ambition to pursue a career at the Bar (28.8%)
343 selected attending this event has made me seriously consider a career at the Bar for the first time (48.7%)
93 selected attending this event has not influenced me in terms of my ambitions to become a barrister (13.2%)
18 were considering other legal careers (such as a barristers clerk) (2.6%) (this option was not available on all forms).
37 selected attending this event has made me realise I do not wish to pursue a career at the Bar (5.3%)
10 did not answer the question (1.4%)
3.7
The high percentage of students who were considering going to the Bar for the first time as a result of their attendance
suggests that the information disseminated can encourage consideration of the Bar as a career option by aspirant
entrants from non-traditional backgrounds. Many who selected this option made express mention in their responses to
open ended questions to having found out at the event that the Bar was a more meritocratic profession than they had
realised, and that they had been surprised to meet barristers from varying educational backgrounds and ethnicities.
3.8
This suggests that some students had previously felt dissuaded from considering the Bar as a career option due
to traditions, practices and behaviours with which they were not familiar, and thus made them uncomfortable
(Bourdieu, 1990). This mirrored the findings of Sommerlad (2007) which demonstrated that aspirant entrants may hold
stereotypical views of legal professionals. This was reinforced by the views of the focus group participants;
Because even judges, like for example, in politics, they teach us in order to be in politics you have to be white
and British. () But then coming here, the first thing I see is the Judge, he was from like an Asian background.
So that just shows that if you think about it, you can actually achieve what you want. (FG Participant 9, M)
3.9
In many cases, students who stated that the day had made them realise that they definitely did not want to pursue a
career at the Bar nonetheless made positive comments about the programme in the open-ended response questions
(see below, para 3.11). This was supported by a focus group participant, who stated;
my personal set of skills I think maybe lend better to being a solicitor, so when I did work experience with
an in-house lawyer it was really useful, and it made me think that this is where I want to be, and though I felt
like that partially today, it enforced that I think solicitor is the way I want to go really, erm, just because it uses
my set of skills, really. (FG Participant 2, F)
3.10
26
This suggests that the programme is disseminating information to facilitate informed decision-making by aspirant
entrants. Students from disadvantaged backgrounds may have particular problems accessing such information, as they
are less likely to have personal contacts in the profession whom they can consult for advice (Francis, 2011). This lack of
availability of information is one issue that programmes such as Pathways and the Pegasus Access Scheme are seeking
to address.
3.11
The questionnaires also contained two open ended questions, which asked students about their perceptions of the Bar
beforehand and whether these had changed as a result of the day, and what they had learnt during the programme.
These open-ended questions prompted varying levels of response. The majority of cohorts, however, wrote quite
detailed responses about what they had learnt during the course of the day.
3.12
These responses were then coded to distinguish those that made reference specifically to either a) social mobility
issues, or b) the respondent feeling better informed as a result of information given during the day. For some cohorts
there were two opportunities within the evaluation forms for respondents to mention these issues, and some used both
opportunities.
3.13
Although a detailed collation here is precluded, in summary, under the question Was there anything you learnt
from this event that you did not know beforehand?, which was asked of every cohort except one, 172 students made
express reference to having learnt that the Bar is more normal, diverse or accessible than they had previously
thought. A substantial number of those made express mention of social mobility matters. Very few students (indeed,
none in most of the cohorts) said that they had learned nothing, and a small minority did not answer the question.
3.14
In answer to the same question, 318 also made reference to an (increased) understanding of the routes to the Bar, for
example, the existence of the conversion course (GDL), how the process from pupillage to tenancy worked, and the
differences between barristers and solicitors.
3.15
A number of the cohorts were also asked How did you feel about the Inn and barristers before attending the seminar?
Has this changed since attending? If so, how? In the responses to this question, mention of social mobility and diversity
issues was even more prevalent, with many stating that the Bar was much more accessible to those from disadvantaged
or ethnic minority backgrounds, and women, than they had believed. Many responses also showed that students
had gained knowledge of the process of becoming a barrister, whether they stated so explicitly, or it was conveyed
implicitly.
Themes
4.
A number of themes have emerged from the questionnaires and focus groups. Strikingly, there are strong connections
between these themes and existing literature. Furthermore, the small sample of interviews done so far has revealed
some themes common to both students and those involved in conceiving and running the programmes.
1. Dispelling myths of the Bar

4.1
The dispelling of myths surrounding the Bar is an important role of access programmes. Students are unlikely to seek
to enter professions where they feel that they will be conspicuous by their difference in some way, and for those who
have had very little experience of the profession, they may have made erroneous assumptions about those within the
profession, and the ways in which they are different to them. A number of these myths were explored during the focus
group, and then raised by the researcher in stakeholder interviews to gain an internal viewpoint.
4.2
One student in the focus group felt strongly that contacts were important; he believed that they were crucial for
obtaining work experience, itself crucial when applying for scholarships and, eventually, pupillage;
contacts as well; everything seems tomy Dads always saying make sure you get contacts, because thats
how everything I dont know if thats true, but today hasnt changed my opinion, because if I hadnt been on this
course I wouldntve met the people Ive met and I wouldntve got the contacts Ive got. Then I wouldnt be able to
ask questions that I wanted to. So I still think that you still need contacts in this area of work. (FG Participant 7, M)
4.3
Only one other participant attributed any weight to this. This low importance was reflected by the interviewees, with
one saying that they felt that networkings importance was a myth perpetuated by universities;
and students now are fed the idea that its a lot about networking and its not open to them if they are not
networking and I dont think there is any truth in that at all. (Interviewee 2 non-Inner, F)
4.4
Another vehemently agreed, stating that the idea contacts were important was a modern-day misperception which
could be added to many others which had been held over the years;
I really dont think it makes the blindest bit of difference. I mean, when I came to the law I was told, () when I
decided I wanted to be a barrister: well you have to be able to speak Latin, which is of course rubbish; you had to
know French (because of legal French) which is of course rubbish, and you had to have family in the law; rubbish,
we have none. (Interviewee 4 Inner, M)
4.5
These differences in opinion and perception between the students and the stakeholders illustrate that the
dissemination of information, and crucially accurate information, must be a key aim in programmes aiming to
encourage participation by students from non-traditional backgrounds. Although it is easier for those within the
profession to feel that these barriers do not exist, the key to social mobility is successfully communicating that to
aspirant entrants, and their experiences then reflecting that.
4.6
Thus, the answers regarding the approachability of barristers running the programme, and increasing understanding
of qualifying and practising at the Bar, are of particular interest, as the perceptions by aspirant entrants of those
already within the profession may influence their opinions on the accessibility of the profession (as in Sommerlads
(2007) research regarding aspirant solicitors), and an understanding of the processes and qualifications involved in
27
training for the Bar is crucial in informed decision-making for careers.

4.7
This was further reinforced by the comments of the focus group;

I always wanted to become a barrister but I wasnt sure where to start. But on this experience it made me realise
that. (FG Participant 3, M)
I wasnt aware that they did scholarships[sounds of concurrence]. Theres always that like thing; you hear Law,
you just think its a difficult profession and you need to be rich to get into it, erm, so that there are scholarships,
gives me hope (FG Participant 2, F)
4.8
Even those students who had carried out their own comprehensive research found that there was information they had
not discovered;
Ive always wanted to be a barrister and Ive done so much research; Ive watched like every video there is on
YouTube about being a barrister, and Ive looked at every website possible. And then I came today and I found
out stuff that I didnt actually know. (FG Participant 7, M)
4.9
They had also been told (and persuaded) that some of their negative assumptions about barristers were erroneous;
I think it makes them seem a lot more approachable and attainable to people who are from less privileged
backgrounds. Money is, I think, one of the biggest [indecipherable] that they have, you know, you think of Law and
you just think, its impossible to get into; you need to be the son of a Lord and have twelve million in your bank
and stuff like that; you know, its justits silly but it has somewhat a degree of truth to it, and I think today was
quite good atit shows that they are trying to build bridges to avoid that. (FG Participant 2, F)
I think that one of the most important things that a programme like Pathways does is just discard wholly the idea
of minorities. And its all about talent, because, realistically, talent is what you have that determines where you will
end up, and, as the Judges and barristers and people you mentioned, what theyre looking for is talent rather than
where youre from or what your status is; bit by bit that idea is being banished and its notits all about ability.
(FG Participant 4, F)
4.10
Some students showed a mature awareness, however, of the fact that those at the event were portraying the most
positive scenario for someone who had trained for the Bar;
thats one aspect that could be possibly improved: cause although they were talking about their experiences,
theyre all successful barristers () these are people who have been successful for the past 10 or 20 years, so
what if you get to that stage and youre not successful? You dont win your cases? So maybe something like that?
Cos obviously like theevery step is a test and what if you fail that test? You go in there for your client and you
lose cases and you lose your reputation? (FG Participant 9, M)
I wouldnt say it was too positive; it was just optimistic. (FG Participant 5, F)
4.11
The majority of participants were acutely aware of the cost of training, and harboured concerns about the
transferability of the BPTC qualification, expressing fear that if one did not succeed in gaining pupillage, the BPTC
itself was worthless, unlike a Law degree, which was a useful qualification for numerous career paths.
4.12
Financial concerns are just one of a range of matters affecting these students perceptions of the Bar. It must
be remembered in evaluation of such schemes that there are elements of the students lives, and the social and
institutional circles in which they operate, that such schemes cannot change. In order for programmes to have the
greatest effect, it is necessary to acknowledge these constraints, and consider how the advice given can be acted upon
within these students own contexts.
2. Matters of tradition
4.13
Another contextual factor is the considerable tradition found in the very being and workings of the Bar. It has
been thought that this may discourage non-traditional entrants as these unfamiliar practices will make them feel
uncomfortable. Indeed, the Bar was once described as an alien environment for those who are not used to Chapel,
Grace and dining (Dame Jocelyn Barrow, quoted by Abel, 2003: 183), but the focus group participants did not see the
matter so simplistically;
I think it makes it look professional. I think tradition is a good thing that should be admired [] How I see it is I
dont think tradition puts people off anything. (FG Participant 5, F)
Others disagreed;
what she (FGP 5) said about that; it differentiates you from other professions; I think what you wear doesnt really
matter; what you do and your actions, matters more than what you wear. Like that wig you need to wear.Youre
here to argue. And like, youre wearing a wig and that differentiates you from other people, other professions, but
if you look at, there isthere is better things that can differentiate you from other professions than the wig. (FG
Participant 6, M)
28
4.14
All agreed, however, that the reasoning behind many of the customs was identity, and forming a community, something
they identified as important, especially as membership had to be earned;
take a football team, yeah? why dont they all just turn up in white shorts and white tops?...Or turn up in bibs?
Its because they embrace it; if you support Liverpool, you wear that red shirt. So if youre a barrister, its the
community; its part of the fact that when theyre sitting down or whatever and theyre wearing wigs, like, this is
who they are. Its who youve become. (FG Participant 9, M)
Its a good thing.You have to work for it to get it. Its not something you can just go and buy if you have money.You
have to earn that. (FG Participant 5, F)
4.15
Others, however, felt conflicted about the value and maintenance of traditions, and observed that they may portray
something other than the internal truth;
I would never ever say it was a bad thing, but the tradition, the idea of going in and wearing a wig andI dont
knowits by no means a bad thing but it gives off the impression that you have to be a Lords son or something
to go into it, or have God-knows-how-many connections within the actual area and thats just the way it is; its
the prestige it has, and as I say, thats not a bad thing at all and I think its just one of those things that, if you are
interested in becoming a barrister you will realise that thats not always the case. If youre not, youre just on
the sidelines then, you think about, well thats alright because youre not interested in going into it, but if youre
genuinely interested in becoming a lawyer then youll realise that the barriers drop away as time progresses.
(FG Participant 2, F)
4.16
These uncertainties about the traditional aspect of the Bar may result, in part, from the students own doubts about
their abilities to fit in with such a traditional community. This brings in the concept of future selves explored in
sociological literature.
3.
Unknown Futures
4.17
A number of the focus group students displayed uncertainty about their future selves; specifically, whether or not
they would succeed in getting to the Bar, and how their personal and professional lives would work if they were.
These considerations are regarded as future selves (Markus and Nurius, 1986:954). Research has shown that students
who are positive about their future selves are more likely to achieve their goals, as the future self concept provides
motivation (Markus and Ruvolo, 1989). However, it has also been shown that those who do not receive encouragement
and support in their schooling from family, peers and schools are much less likely to have positive occupational future
selves (Leondari, 2007). This was reinforced by the comments of the focus group that the educational and occupational
choices made by their peers influenced their hopes about a career at the Bar (see quotation below; para 4.18). Doubts
about their future selves motivated concerns about investing in the BPTC, and an awareness that Pathways promoted a
best case scenario (para 4.10).
4.
Institutional and social constraints.
4.18
An important factor outside of the control of such programmes are constraints which come from peer groups and
education. These are constraints on the effectiveness of the programmes which come from patterns of behaviour
and influences from social, educational and employment contexts of the participants, and cannot be controlled by
programme providers. However, providers need to be aware of them and their operation if they are to maximise the
effectiveness of their outreach programmes.
Obviously some are influenced easier than others, but generally its your peers, because if your peers are saying,
personally, I dont wanna do this anymore, schools not for me, Im just gonna drop out and probably just live off
Job Seekers Allowance or something then, and theyre doing pretty good at it, youll think, I dont see why not I
cant do the same thing. (FG Participant 5, F)
4.19
A body of academic work has explored the difficulties of bringing into a new setting the practices and habits of
a previously occupied setting, especially when the new setting has particularly rooted practices. These practices
and habits are referred to as institutional logics. For Pathways participants, there is likely to be a clash between
the practices and habits of their schools and peer groups, and the Bar. Academic literature on these matters has
highlighted the difficulties faced by those moving from one setting to another, especially if these settings are very
different.
People who come from non-traditional backgrounds; there may be a chance that the only interaction theyve had
with the legal system is not a positive one, and the representation of the legal system within these communities
will be, not blacklisted, but theyre not going to have that positive outlook towards how they operate (FG
Participant 4, F)
4.20
Most of the students were not concerned about matters of race, stating that they no longer felt racial discrimination
hindered their career opportunities (the group was ethnically diverse). However, this was in contradiction with the
weight that seemed to be placed on the presence of the ethnic minority judge at the event, which had clearly had
a significant impact on the students, suggesting that they still subscribed to a very traditional stereotype of legal
professionals.
29
5.
Improving the Pathways experience
4.21
It was clear that one element that had significantly impacted on the information the students obtained was which
barrister led their small group. This is a variation best reduced as far as possible so that all groups get equal benefit;
whilst some barristers used this time to discuss the Bar more generally and answer students questions, others had
focussed exclusively on the exercise:
It wouldve been better to have more variety. And I was also thinking our group session with barristers when we
split up could have been more personal. We just concentrated on the cases the whole time. (FG Participant 7, M)
4.22
It seemed particularly that male barristers had been unlikely to discuss the interplay between their personal and
professional lives, something that the male focus group participants wanted;
I wanted to actually know, like, whats it like? The more social aspect. Not just the everyday day to day working
life, but their families, how that profession actually impacts, I dont know, on their relationship with their wife (...) I
just wanted to know, on a more social note, how being a barrister will affect your social life. (FG Participant 1, M)
4.23
Female participants who had been with a different small group leader, however, felt differently;
I beg to differ. The woman from the GLS, she spoke and she said that, oh that there are perks to it like
(indecipherable) shes independent cos if she, for example, if theres a case and it comes to her, she can say okay,
Im going to do this today, Im going to take my daughter to see this tomorrow. Obviously she cant tell us about it
in too much depth cos thats her personal information, but, like, she was good I think, she gave enough information
like, personally, I understood. (FG Participant 5, F)
4.24
One participant suggested a possible solution;

what would be quite good would be for maybe the girls to have a female barrister whos experienced it and
the guys with a male, cos its quite irrelevant that stuff about maternity leave, for example. (FG Participant 7, M)
4.25
This suggested some disconnect between what barristers participating thought was important information, and
what the students thought was important. Similarly, students expressed a wish to hear from barristers from more diverse
practice areas, as they felt that there was an over-emphasis on criminal practitioners, which may be unintentional, or reflect
a subconscious belief that non-traditional entrants are more likely to practise at the criminal Bar (where they are, indeed,
disproportionately represented; Bar Barometer, 2011). They also felt that there was not enough attention given to how ones
professional and personal lives might differ depending upon practice area;
All the barristers that I talked to were all in like the criminal work, and if youre not really into that, maybe you
want to do something like environmental law or corporate law, how does being a barrister in that field differ from
being a barrister in criminal law? What are the differences in your everyday life? (FG Participant 1, M)
4.26
Obviously the attendance of barristers at these events is dependent on those barristers giving their time for free.
Unlike a salaried employee who may be paid for attending such events, self-employed barristers will get no such
remuneration. Thus, these events are reliant on goodwill and availability of barristers; another difficulty for those who
are self-employed. However, it is likely to be beneficial to invite barristers from as diverse an array of practice areas as
possible. Any assumptions about which areas student participants may be interested in are best avoided.
4.27
Furthermore, assumptions about which practice areas are most likely to engage in access schemes are best avoided,
with one Chancery practitioner stating that they felt that there was much more willingness to participate than was
realised in their practice area;
with social mobility its actually harnessing a view, an enthusiasm, thats already there. Its a question of
structuring it and the big problem is actually initiative-itus, with everybody doing different things. (Interviewee
2 non-Inner, F)
4.28
It is also observed that the title Debating Society workshop may seem to display a certain cultural context; debating
societies may be common at some types of educational establishments, but not at others. The nomenclature used may
cause students to generate ideas about the accessibility of an activity, and affect their engagement with it. On one
day the activity was called debating; a neutral term for a similar activity. However, 44% of participants said that the
Debating Society Workshop was helpful, compared to 28% and 20% when it was described as a debate or debating
workshop. There is thus no proof that the title negatively affected the participants perceptions of the usefulness of the
session.
Interim Recommendations to Consider

On the basis of data collected so far, below follow some suggestions of issues that may bear consideration.
Content of the day
As far as possible, describe activities neutrally and factually; e.g. debating instead of Debating Society Workshop, to
avoid ambiguity and the unnecessary use of language that may be unfamiliar to non-traditional entrants (para 4.28).
30
Continue to use interactive role-playing activities such as mock trials as more students felt more engaged by the mock
trial than any of the other activities offered (para 3.2)
Reflect upon the value of encouraging all barristers participating to engage in discussion of how they have balanced
their professional and personal lives. Male students felt that this was an important area in which they would benefit
from hearing about the experiences of male barristers, in addition to those experiences shared by participating
female barristers (para 4.22)
Consider where and when it might be appropriate to include some detail/discussion about options open to students
who do not succeed at each hurdle, and explore ways in which the BPTC is useful to a greater extent than just for the
Bar. This was important as the students weighed up whether it was worthwhile to take a risk by completing the BPTC
when the cost is so high, and such a small percentage of those completing the BPTC obtain pupillage (para 4.11).
Ensure that members who participate are conveying up-to-date information. Although some students recognised that
some information given was out of date (in this case, in terms of attitudes to academic achievement) there is a risk of
misunderstanding, the avoidance of which is key in a programme seeking to inform.
Aim for the widest possible spread of practice areas to be represented at the day in order that participants can build
an understanding of the differences between practice areas, e.g. commercial barristers may spend the majority
of their time written advice and submissions, whereas a criminal barrister will do much more oral advocacy. Such
understanding is necessary for informed decision-making (para 4.25).
Incorporate the hard copy materials provided into the sessions to maximise their usefulness and draw students attention
to the information within them. This may help to address their low helpfulness score, and ensure that participants
realise that they have access to information after the day has ended (para 3.5).
Programme structure
Consider whether Pathways is meant to be the first stage of a longer journey of access schemes: for example, is it hoped
that students will participate in Pathways and then in PAS, or is it hoped that those students who have participated in
Pathways, by virtue of its help, will not need the assistance of PAS?
RIf the latter:
a)
It may be helpful to include a mini-pupillage application workshop on the Pathways events to assist
those students in securing mini-pupillages outside of PAS.
b)
It may be helpful to examine the eligibility criteria of PAS currently one criterion is that the student participated
in, or was eligible for, Pathways.
Wider research aims

The Pathways to Law programme is one of a number of initiatives being supported by Inner Temple as part of its commitment
to increasing social mobility at the Bar. The support it lends to these initiatives, and its decision to set up PAS in its own right,
are driven by its position as a professional association. It is therefore of academic interest how its position affects the running
and implementation of these schemes. There exists a body of sociological literature surrounding the behaviour of professional
associations examining especially how they effect change, and the mechanisms used on those matters which are contentious,
such as social mobility.
The wider context of this PhD is to explore how a professional association which is so inherently embedded, both physically
and ideologically, within its profession can make a difference on a matter important to the profession as a whole; in this case,
social mobility. It is hoped that this understanding, when synthesised with existing literature on professional associations, will
provide better understanding of how professional associations can facilitate change in contentious areas. By evaluating the
Pathways and Pegasus Schemes, it is intended that not only will the potential impact of those programmes become clearer, but
analysis of how they have been moulded and implemented by Inner Temple will contribute to wider academic understanding
of the operation of embedded professional associations.
Appendix A
The data collected varied between events, and where the wording of a question was different for some cohorts, this is
highlighted. The number of responses to the question is also given for reference.
The format of the questionnaire was such that the students either had to rate the day in terms of concepts such as helpfulness
and the day as a whole, or were asked to rate the strength of their agreement with a number of statements about aspects of
the day. So, for example, there would be a statement about an aspect of the day, to which the students would be able to reply
strongly agree, agree, neither agree nor disagree, disagree or strongly disagree. Where percentages given do not total
100, this is due to rounding to the nearest whole number.
When asked to rate the day overall (656 responses);
345 (53%) rated it as excellent
299 (46%) rated it as very good or good (the wording varied from questionnaire to questionnaire,
but it had the same value, being between a neutral response and the most favourable response)
31
11 (2%) rated it average

1 (0.2%) did not answer the question
The questions relating to the content of the programme, and the students feelings about it were answered thus;
Barristers on the panel were engaging and informative (611 responses)
453 (74%) strongly agreed
155 (25%) agreed
2 (0.3%) neither agreed nor disagreed
1 (0.2%) did not answer
Information provided was relevant to me at my stage of education (433 responses)
188 (43%) agreed
23 (5%) neither agreed nor disagreed
1 (0.2%) disagreed
Barristers leading the group exercises were friendly and approachable and able to answer my questions (or, in the February
2013 cohort, barristers at the Meet the Barristers session were approachable) (704 responses)
157 (22%) agreed
6 (0.9%) neither agreed nor disagreed
1 (0.1%) disagreed
1 (0.1%) did not answer the question
Having attended the event, I have a greater understanding of the Bar, and how to improve my chances of a career at the Bar
(623 responses)
199 (32%) agreed
18 (3%) neither agreed nor disagreed
1 (0.2%) disagreed
1 (0.2%) did not answer
In the evaluation questionnaires the students were asked to choose which part or parts of the day they found the most helpful.
Some of the cohorts were asked to select just one option, whilst other cohorts had no limit to the number of answers which
students could select, and some selected multiple answers. There was some variation between cohorts in the format of the day
and the options offered, so the numbers of students who selected that option, and the total number who could have, are shown
beside each answer.
Presentation/speeches from panel members
312 (611 responses) 51.1%
This option was unavailable to the June 2011 and February 2013 cohorts
Group exercises
(The type of group exercise varied between cohorts, and some of the data was more specific as to what they had
entailed, so these figures are broken down according to the activities offered)
Sentencing exercise
(February 2013)
Case law exercise
(April 2011 and April 2012 different cases used at each)
Plea in mitigation exercise
(April 2010)
Debate/Debating Society Workshop
(April 2010, June 2011 and February 2013)
Plea in mitigation and case law exercise
(January 2011 and November 2012)
32
5 (25)
20%
38 (137)
27.7%
12 (41)
29.3%
45 (134)
33.6%
90 (238)
37.8%
Group exercises
76 (195)
(April 2013 and December 2011)
39.0%
Mock trial
30 (68)
(June 2011)
Overall
Opportunity to speak to practising barristers
44.1%
296 (704 responses) 42.0%
216 (636 responses) 34.0%
This option was unavailable to the June 2011 cohort

Visit to chambers
87 (263 responses) 33.1%
This option was unavailable to the January and December 2011 cohorts, which were both so big (over 100 students)
as to render it impracticable.
The April 2010 cohort visited the RCJ instead, which 4 of the 41 participants said they found useful.
Of the 68 students in the June 2011 cohort, only 45 had the opportunity to visit chambers (of whom 8 found it
useful), so the response figure above includes a figure of 45 for the June 2011 cohort, as opposed to the full cohort
figure of 68).
Opportunity to see Inner Temple
81 (555 responses) 14.6%
This option was unavailable to the June 2011, February 2013 and April 2013 cohorts
Information in the folders provided
57 (611 responses) 9.3%
This option was unavailable to the June 2011 and February 2013 cohorts
References
Abel, R. (2003), English Lawyers Between Market and State: The Politics of Professionalism, Oxford: Oxford University Press
Bar Council (2011) Bar Barometer: Trends in the Profile of the Bar, London: The Research Department of the General Council of
the Bar of England and Wales.
Bourdieu, P. (1990) Structures, habitus, practices, in The Logic of Practice, Cambridge: Polity, pp. 52-65
Francis, A. (2011) At the Edge of Law, Aldershot: Ashgate
Leondari, A. (2007) Future time perspective, possible selves, and academic achievement, New Directions for Adult and
Continuing Education, 114, 17-26
Markus, H. and Nurius, P. (1986) Possible selves, American Psychologist, 41, 954-969
Markus, H., & Ruvolo, A. (1989) Possible selves: Personalized representations of goals, in L. A. Pervin (ed.), Goal concepts in
personality and social psychology (pp. 211241), Hillsdale, NJ: Erlbaum
Sommerlad, H. (2007) Researching and Theorizing the Processes of Professional Identity Formation, Journal of Law and Society,
34(2), 190-217
Appendix B
PASS Data summaries
1.
Pre-PAS 2013/2014 cohort Researcher questionnaire
31 of the students who participated in PAS in the 2013/14 academic year returned the pre-PAS questionnaire written and
administered by Inner Temple. This document summarises their responses to the questions, and is constructed similarly to the
data summaries of Pathways data.
Familial experience of higher education
19 were the only member of their family to have attended university
7 were in the first generation of their family to attend university
4 had had a few family members in their parents/carers generation go to university
1 was from a family where it was very common for people in their parents generation to have gone to university.
Contacts within the legal profession
24 were from families that did not know anyone in a profession
5 did not know anyone in the legal profession, but their family had links to other professions
2 had family friends or relatives in the legal profession
33
Education
3 were from state selective schools (e.g. L.E.A. Grammar)
1 had been schooled outside the UK
The remaining 27 had been state-schooled
Prior legal work experience
4 had not been able to secure any work experience
12 had done so through a programme such as the Social Mobility Foundation or Pathways to Law
3 had had it arranged through school or college.
Those four who had not undertaken work experience were asked to rank the 7 potential reasons why not in order of the
severity of their effect.
3 ranked applied but was unsuccessful as the main reason, and the fourth ranked couldnt afford to work voluntarily as
the main reason.
The two least important reasons were I hadnt been told it was useful and I didnt think of it.
Other options on the list were too nervous to approach firms/chambers, didnt know how to apply and didnt have time
to do the applications and/or the work experience.
How do you think participating in PAS will benefit you the most?
13 said increase my understanding of the Bar
8 said experience a particular practice area
4 said to help me decide whether to be a solicitor or a barrister
2 said to meet barristers
2 said to see the sort of work barristers do
2 did not answer
Please RANK in order of importance the reasons you think chambers offer mini pupillages
12 ranked to give students a realistic insight into the profession as most important
7 ranked to attract the best applicants by highlighting the chambers positive qualities.
1 ranked as part of a professional commitment to engage with the community at large
2 ranked to encourage applications from non-traditional sectors of the community
8 ranked as most important the opportunity to make initial assessments of applicants
1 did not answer
There were then a number of open-ended response questions which elicited prose responses from most respondents. These
responses were categorised for the purposes of the summary below according to the predominant and most explicitly stated
theme in the response.
Why do you think chambers are offering mini-pupillages through PAS?
12 referred to a desire to increase diversity, either of the profession as a whole or the specific chambers
8 referred to a desire by chambers to show that they were open to applications from people of any background,
and to encourage those people to apply.
3 suggested that it was to help disadvantaged students
2 suggested that it was to encourage unconventional talent (my favourite terminology).
2 said that it was to improve the image of chambers, questioning the presence of an altruistic motive,
One said that it was out of a sense of duty, although it was unclear whether this was said with negative
or positive connotations.
Of the remaining two, one said that chambers supported the ideology of PAS and another said it was
to provide insight into the profession.
One did not answer the question
Why do you think Inner Temple has established PAS?
8 said a recognition of the lack of diversity at the Bar
6 said to provide help to NTAEs, and 5 said because it understood the barriers facing NTAES,
and 4 said to promote wider access (grouped together as similar)
2 said a commitment to securing the best individuals or a commitment to the community more widely
1 said for self-serving reasons, though they added that they believed that the Outreach team had a genuine
commitment to widening access).
34
One said that it was out of a sense of duty, although it was unclear whether this was said with
negative or positive connotations.
Of the remaining three, one said the success of previous NT students at Inner, one said because it was the most
welcoming Inn, and another because as an Inn with funding and resources it was best placed to provide the programme.
One did not answer
2. Post-PAS 2013/2014 cohort Researcher questionnaire

16 of the students who participated in PAS in the 2013/14 academic year also returned the post-PAS questionnaire written by
the researcher and administered by Inner Temple. This document summarises their responses to the questions that were not
open-ended, and is constructed similarly to the data summaries of Pathways data. Percentages are given to the nearest whole
number, meaning that not all categories have a total of 100%.
Feelings towards a career at the Bar
8 knew that they wanted to go to the Bar before and PAS has not altered this
4 thought they did before, and were now more certain
5 were not sure before and still werent after the MP
Could you see yourself as a barrister at the Chambers where you did PAS?
9 made specific reference to how friendly the chambers theyd been at was
1 referred to chambers as a diverse bunch, but another stated that they had been at a chambers that was male-
dominated, not very diverse, and had an unwelcoming feel to it, although they did state that the individuals were
friendly and welcoming.
I would find it hard to picture myself at Quadrant Chambers because I would not meet their very high recruitment criteria.
I dont because Im not sure I have the right background to get accepted.
Overall impression of Bar?
4 mentioned friendly/camaraderie
2 referred to it changing/becoming more diverse
How do you think participating in PAS benefitted you?
Ranked as most important:
6 experienced a particular practice area
4 - increased understanding
3 saw work done
2 met barristers
1 choice barrister vs solicitor
Why do chambers participate in PAS?
7 answers said to increase diversity
3 said to attract/discover unconventional talent
2 said to show openness and encouragement to NTAES to apply to the Bar.
Two answers mentioned that it may be commitment to an appearance as opposed to a genuine desire
for change, and one suggested it was to meet a quota.
One participant was unsure.
Additionally: 4 wanted follow-up, 1 suggested more advertising.
Those that had placements shorter than a week felt that they were not long enough.
Please RANK in order of importance the reasons you think chambers offer mini pupillages
6 ranked to give students a realistic insight into the profession as most important
4 ranked to attract the best applicants by highlighting the chambers positive qualities.
3 ranked as part of a professional commitment to engage with the community at large
2 ranked to encourage applications from non-traditional sectors of the community
None ranked as most important the opportunity to make initial assessments of applicants
This may suggest that NTAEs do not realise that such exposure is a time of mutual appraisal
this may mean they do not adapt to the field as they would if knew being assessed.
35
Why do you think chambers are offering mini-pupillages through PASS?

7 answers said to increase diversity (44%)
3 said to attract/discover unconventional talent (19%)
2 said to show openness and encouragement to NTAES to apply to the Bar (13%)
2 answers mentioned that it may be commitment to an appearance as opposed to a genuine desire for
change, and one suggested it was to meet a quota (13%).
One participant was unsure (6%)
3. Post-PAS 2013/2014 cohort Inner Temple questionnaire

49 of the students who participated in PAS in the 2013/14 academic year also returned the post-PAS questionnaire written and
administered by Inner Temple. This document summarises their responses to the questions, and is constructed similarly to the
data summaries of Pathways data. Percentages are given to the nearest whole number, meaning that not all categories have a
total of 100%.
Overall rating of the mini-pupillage
42 students rated them very helpful (85%)
7 rated them helpful (15%)
By cohort this was
R Pilot
2 helpful (29%)
R First Cohort
1 helpful (4%)
R Second cohort
4 helpful (24%)
Overall rating of the Pegasus Access Scheme more generally
44 rated it as excellent (90%)
5 rated it as good (10%)
By cohort this was
R Pilot
5 excellent (71%)
2 good (29%)
R First cohort
25 excellent (100%)
R Second cohort
14 excellent (82%)
3 good (18%)
The questionnaire then asked the students to indicate to what extent they agreed with a series of statements about PAS:
PAS was easy to apply for
21 agreed (44%)
2 disagreed (4%)
1 didnt answer the question (2%)
36
Chambers practice areas were of interest to me

15 agreed (31%)
1 disagreed (2%)
Prior to my placement, I was provided with a sufficient amount of information
10 agreed (21%)
2 disagreed (4%)
The barristers I shadowed were friendly, accommodating and able to answer my questions
7 agreed (15%)
The administrative team were friendly, accommodating and able to answer my questions
8 agreed (17%)
My mini-pupillage has changed my perception of the Bar and of barristers
21 agreed (43%)
10 neither agree nor disagree (20%)
3 disagreed (6%)
Participating in PAS has given me a good insight into the profession
7 agreed (14%)
Participating in PAS will help my careers aspirations
7 agreed (14%)
Payment of expenses were essential in allowing me to undertake this placement
7 agreed (14%)
5 disagreed (10%)
I would not have been able to get this kind of placement without PAS
16 agreed (33%)
3 disagreed (6%)
How strongly did you / do you now wish to pursue a career at the Bar?
23 wished more strongly after the placement than they had before to pursue a career at the Bar (47%)
23 had the same level of desire to go to the Bar (47%)
1 wished to pursue a career at the Bar less strongly after their placement (2%)
2 did not answer the question (4%)
37
There were then open-ended questions which invited participants to write longer answers, which many did:
Has PAS changed your perception of the Bar and barristers? If so, how?
Many students gave multiple sentence answers to this question, but two themes predominated; mentions of the Bar being more
diverse or friendly than the participant had anticipated (18 participants expressly discussed these issues), and the participants
identifying that they had learnt more about life at the Bar, or about specific practice areas, than they had known before (a
further 18 mentioned this). A number of responses mentioned matters from both categories.
If you decide to pursue a career at the Bar, which Inn of Court will you be joining?
29 Inner Temple (59%)
5 Lincolns Inn (10%)
1 Middle Temple (2%)
1 Grays Inn (2%)
13 were undecided (27%)
Of those who gave reasons in the open-ended response option, those who had selected an Inn other than Inner tended to
have met a barrister from another Inn with whom they got along particularly well; had already joined another Inn before
participating in PAS, or believed that they had a better chance of a scholarship at a different Inn due a greater overall
scholarship amount, or the application of eligibility criteria. Of those who stated that they would join Inner, almost all made
express mention of feeling that PAS had been very helpful to them, and that Inner was making a significant effort to help non-
traditional entrants gain access.
Other than work experience (which we are trying to address through this scheme) and funding the BPTC
(addressed through Inns of Court scholarships), do you perceive any other barriers to you pursuing a career at the Bar?
Answers to this question divided into responses concerning three main topics; financial, educational, and a lack of pupillages/
difficulties of getting tenancy. Not all respondents answered this question.
7 respondents stated that they had concerns about financial issues; the cost of the BPTC, the low pupillage awards in some
practice areas, and the uncertainty of income even once an established practitioner.
12 participants felt that they were at a disadvantage for educational reasons; these ranged from not going to Oxbridge, not
having a First or a postgraduate qualification, to going to a University that didnt offer much mooting or careers advice.
3 students expressly stated that they felt the high application to pupillage ratio was a concern for them, as they felt that the
competition was so high that applying was a big risk. A further 3 respondents expressed concerns that were a mixture of
financial, educational and supply/demand issues.
Only one participant seemed to have misunderstood the challenges, stating that they were concerned about getting a place on
the BPTC, and felt that there should be more providers and more places available.
38
39
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Treasury Building
London EC4Y 7HL
outreach@innertemple.org.uk
@TheInnerTemple

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THE HONOURABLE

Emerging broader themes

Mutuality of benefit for chambers and students

Key Findings for development

Key Findings Student questionnaire data

1. Data in more detail

Organisational matters Inner Temple questionnaire

PASS was easy to apply for

Prior to my placement, I was provided with a sufficient amount of information

Payment of expenses were essential in allowing me to undertake this placement

Experiential matters Inner Temple questionnaire

Chambers practice areas were of interest to me

My mini-pupillage has changed my perception of the Bar and of barristers

Participating in PASS has given me a good insight into the profession

Participating in PASS will help my careers aspirations

Data analysed by cohort

Overall rating of the mini-pupillage by cohort

Rating of the Pegasus Access Scheme overall by cohort

Researcher questionnaires attempting to measure attitudinal change

How do you think PASS will/has benefitted you the most?

Why do you think chambers are offering mini-pupillages through PASS?

Access to information from those already in practice

Perception of the profession

Potential for development of chambers own practices

Institutional and social constraints

Variations between chambers

Integration and presentation within chambers

5.2 Timing of the programme

5.3 Inter-relation of programmes

5.4 Extension of support

This report presents a summary and short analysis of this data.

Background to the Pathways Project

April 2010 (Pilot)

Pathways Day Overall

312 (611 responses) 51.1%

296 (704 responses) 42.0%

Opportunity to speak to practising barristers

216 (636 responses) 34.0%

87 (263 responses) 33.1%

Opportunity to see Inner Temple

81 (555 responses) 14.6%

Information in the folders provided

57 (611 responses) 9.3%

A note about group exercises

1. Dispelling myths of the Bar

training for the Bar is crucial in informed decision-making for careers.

This was further reinforced by the comments of the focus group;

Institutional and social constraints.

Improving the Pathways experience

One participant suggested a possible solution;

Interim Recommendations to Consider

Wider research aims

11 (2%) rated it average

312 (611 responses) 51.1%

(April 2013 and December 2011)

This option was unavailable to the June 2011 cohort

87 (263 responses) 33.1%

81 (555 responses) 14.6%

57 (611 responses) 9.3%

Pre-PAS 2013/2014 cohort Researcher questionnaire

2. Post-PAS 2013/2014 cohort Researcher questionnaire

Why do you think chambers are offering mini-pupillages through PASS?

3. Post-PAS 2013/2014 cohort Inner Temple questionnaire