By Advocate John Greenfield, Batonnier, Guernsey Bar
A career as an advocate at the Guernsey Bar is a very attractive prospect in these days when the economy is dominated by the finance industry, with all the legal work that entails.
There are also opportunities for non-locally qualified lawyers working for the firms of advocates; these now outnumber locally qualified advocates.
The work brought into Guernsey by lawyers accounts for a sizeable proportion of Guernsey’s economy.
Nowadays it is very much the norm to specialise in a chosen practice area of particular interest to a lawyer, from employment law, compliance work and data protection to medical negligence, pensions laws, employment benefits and intellectual property.
Guernsey is a common-law jurisdiction, but its laws are a combination of old Norman law and English law. Although the customary law of Normandy forms the historical basis of Guernsey law and is still the basis of the laws concerning inheritance and property, all other areas of law have drawn increasingly on English law over time. As a result, Guernsey advocates must not only be proficient in English law but must also have a good understanding of old Norman law.
Candidates must first qualify as an English solicitor or barrister before attempting the Guernsey-specific requirements. Once qualified, candidates must attend the University of Caen in France for three months and complete the Guernsey Bar Examinations.
The first step is to complete a degree from a recognised university. While many students choose to undertake a law degree, it is possible to convert a non-law degree to a qualifying law degree by taking a postgraduate diploma in law (PgDL), also known as a Common Professional Examination. The PgDL comprises the seven core subjects of a law degree: Tort, Contract Law, Public Law, Criminal Law, Equity and Trusts, EC Law and Property Law.
The PgDL can be undertaken full time, part time or by distance learning. The full-time course is over one year, while the part-time and distance-learning courses take two years.
Following completion of a law degree, or non-law degree and PgDL, candidates must choose whether they wish to be a solicitor or a barrister.
To become a solicitor students must undertake a vocational course known as The Legal Practice Course (LPC). Like the PgDL, the LPC may be taken full time, part time or by block learning, the full-time course lasting one year and the part-time and block-learning courses lasting two years.
Once candidates have completed the academic stage of training (the law degree/ PgDL and LPC) they must train as a solicitor within an accredited firm for two years. It is now possible to complete this stage in Guernsey.
During the training contract trainees spend set amounts of time in different departments, gaining experience of different areas of law.
The final stage of training as a solicitor is the Professional Skills Course (PSC), which is pursued during the training contract.
Instead of pursuing the LPC, prospective barristers must undertake the Bar Vocational Course (BVC).
Like the LPC, the BVC has core areas, which include Civil Litigation, Criminal Litigation and Sentencing and Evidence. There are also a number of electives to choose from. In order to hold rights of audience in the Superior Courts of England and Wales, one must first be called to the Bar. It follows that students should join one of the Inns of Court prior to undertaking the BVC, as the Inns alone have power to call a student to the Bar. The Inns of Court are Lincoln’s Inn, Inner Temple, Middle Temple and Gray’s Inn.
Normally, following completion of the BVC and having been called to the Bar, students must then obtain pupillage with a Chambers in the UK, where they will train for a year. This is not necessary in order to become a Guernsey advocate; thus, many barristers return to Guernsey to undertake the Guernsey Bar Examinations following the BVC.
Studying in Caen
Following qualification as an English solicitor or barrister, a prospective Guernsey advocate must attend the University of Caen for three months. The courses there are designed to provide an understanding of Norman customary law and French contract law. As the courses are taught in French, it is essential to have a good understanding of the language.
The Guernsey Bar
In this stage of the training, which may be undertaken prior to, or after attending the University of Caen, candidates must write four papers to be called to the Guernsey Bar. They must write one on the Constitution and Laws of Guernsey and Professional Conduct and select three other optional papers relating to their area of practice.
This may all sound a long and arduous road - and it is - but as with most things in life, the better the preparation the greater the reward.