MY EXPERIENCES OF THE BAR VOCATIONAL COURSE

Note: This article serves as a general overview of the BVC. Although the latter may not directly concern the Perak Bar, it is hoped that it will promote a better understanding of the BVC. After all, being called as a barrister-at-law of England and Wales is one of the ways in which to qualify as an advocate & solicitor in Malaysia (along with other requirements). I sincerely hope that this article will answer any queries. Happy reading.

The BVC is an acronym for the Bar Vocational Course. The BVC is a 32 week course, which is undertaken by those who are on the route to qualifying as barristers-at-law of England and Wales. After passing this course, students are then called to the Bar and admitted as barristers. However, be forewarned that this is simply an empty title because we cannot hold ourselves out as barristers. After passing the Course and being admitted as barristers, there is a compulsory 12 month pupillage period. Only after successful completion and certification can we proudly call ourselves barristers-at-law of England and Wales. Students have 5 years from when they are called to the Bar in which to obtain pupillage. This is unlike the Malaysian Bar where persons are only admitted after the successful completion of a 9 month chambering period. Thus admittance is only after completion of all requisite requirements.

Where do you study the BVC? Contrary to popular belief that students study at one of the Inns of Court – Gray’s Inn, Inner Temple, Lincoln’s Inn & Middle Temple – we actually physically study at one of the ten qualified institutions i.e. University of Nottingham, University of the West of England (Bristol), The College of Law (Birmingham & London), The City Law School (London) etc. The Inns of Court act more as a support system that provides training and supplementary education. They are also where students attend the requisite twelve qualifying sessions, be it in the form of introductory weekends, lectures, dining etc. Dining nights are an excellent time to interact with senior practitioners, which include distinguished QC’s. Furthermore, it is the Inns of Court who are entitled to call their members to the Bar. Therefore, the Inns of Court and qualified institutions work in conjunction with one another to provide the BVC. Most students opt to study in London because the four Inns of Court are located there. Therefore there is less of a hassle to attend qualifying sessions. However, bear in mind that the cost of living in London is sky high whereas areas outside London are relatively cheaper. It all boils down to the individual.

How do you choose which Inns of Court to join? You could adopt the practical method of attending open days, researching articles and asking the opinion of others. Or you could throw caution to the wind and simply choose which coat of arms/badge you like best. Or maybe base your decision on the quality and variety of food served. I hear the latter is quite a popular method among Malaysian students. No surprises there. As for the basis of my decision let’s just say it was a balanced mix of the practical and riskier method. In any case all four Inns of Court provide high quality education and training. In my humble opinion there are no glaring differences.

What is the course content? The key word is ‘vocational’ which means that the BVC is highly practical and less exam-oriented. Assessments are held all year round and that constantly keeps students on their toes. Students are thought to think like legal practitioners. Mock advocacy trials provide excellent training because of its emphasis on recreating a real court system scenario. Students are therefore exposed to the realities and intricacies of being a barrister from very early on. I remember that my very first lesson was actually a mock criminal trial. It was definitely nerve-wracking but in retrospect it was a good way to start the BVC. We had to learn to conquer our doubts and fears. At the end of the BVC, my peers and I could see the vast difference between our initial and final performance; there was a dramatic improvement. Core modules include:

• Civil Advocacy
• Criminal Advocacy
• Client Conferencing
• Civil Litigation and Evidence
• Criminal Litigation and Sentencing
• Drafting
• Negotiation
• Opinion Writing
• Legal Research
• Professional Conduct and Ethics
• Two optional modules e.g. employment law, family law, alternative dispute resolutions, pro bono, advanced civil litigation etc. (these vary across institutions)

How is the grading system? Students can either pass with a Competent, Very Competent or Outstanding. Modules are graded according to percentages; competent generally means (50-69%), Very Competent (70-84%) and Outstanding (85% and above). There are different weightings for different modules. Overall, according to the Bar Standards Board, in order to gain an “Outstanding” a student must have passed all assessments at the first attempt and must achieve either an overall mark of 85% or above, or six or more grades in the outstanding category. To gain the award of “Very Competent” a student must have failed no more than one assessment at the first attempt and must achieve either an overall mark 70% or eight or more grades in the very competent or outstanding categories. To gain the award of “Competent” a student must pass each assessment subject to the rules governing the opportunity to re-sit.

In my year, out of a total of 60 students, only around half passed all assessments at the first attempt and the rest had to re-sit. Out of the half who passed the first time, three gained an “Outstanding”, four others gained a “Competent” and the rest with “Very Competent”. This goes to show that although it may be quite an uphill task to gain an “Outstanding” (unless you are blessed with an exceptional legal mind), there is no stopping anybody in gaining a “Very Competent” or “Competent” with the right amount of diligence and perseverance. This highlights to an extent the efficacy and quality of the BVC. However, as with anything, there are many criticisms leveled against the BVC. Some of these include the disparity between the number of those admitted to and passing the BVC and the number of pupilages available, admission requirements and the current grading system.

All in all, the BVC is a course with an intense period of study; it is definitely not for the faint-hearted. Students are required to prepare thoroughly for classes and actively contribute during lessons. In addition, our one sole off day in the week is meant for court visits, pro bono work and/or self-study. Also many students work part-time while pursuing the BVC. Imagine the additional stress. Students work hard to achieve a “Very Competent” or “Outstanding” as most chambers only offer a pupillage to the ‘crème de la crème’. However, if I seem to be painting a rather bleak picture of the BVC I do apologise. I have to say that retrospectively I enjoyed every single moment of my BVC; all the ups and downs included. I have no regrets. None at all. I am glad I had the invaluable opportunity to study the BVC and for that I wholeheartedly thank my parents. Thank you so much.

Submitted by Julia Tang