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Channelling nerves, the importance of outside interests, and ‘paying it back’. Charles Bagot KC shares his lessons learnt as a barrister, judge and competitive swimmer
Perhaps there is some mythical milestone a practitioner reaches when nerves evaporate, imposter syndrome is conquered, there is nothing left to learn from or share with others, and everything becomes easy. If so, 25 years into my practice and five years into silk, I am nowhere near that apparent nirvana. But is it really something to aspire to? Or maybe, just maybe, we should embrace, not rail against, what Bono called, ‘running to stand still’.
I often see looks of dawning horror on the faces of attendees at careers and outreach events when I casually mention that I still get nervous before court, client meetings, negotiations, presentations, you name it. I do not believe I am alone in that. What you do get better at is channelling those nerves into a performance. What sportspeople refer to as ‘getting in the zone’. This links with one of the tips I always give to aspiring lawyers: keep your outside interests going. It might be doing sport, performing music, drama, volunteering, teaching or other examples. Anything which requires some dedication and an element of performance. Not only does that make you more rounded, grounded and promote stress-relief, but it is positively helpful for your future professional practice. Clients appear to appreciate my calming manner in the most pressured situations. In fact, I am paddling hard under the surface. Following the water-based analogy, all this stems from my many years as a competitive swimmer (and I am still doing charity open water swims across the Solent this year!). If I am about to go into a pressure situation, I still visualise standing in front of the starting blocks in a swimming competition. Having done it so many times, that is how I calm myself and get in my ‘zone’. For you, it may be singing the first note of a solo or stepping out in front of a class of children. A much tougher audience than judges!
I have only ever met one barrister who said she did not suffer from imposter syndrome. To be fair, she is hugely successful. While I do envy her much of the time, the rest of us just need to capitalise on those feelings that we are on the cusp of being ‘found out’. It is what generates the curiosity to seek out the hidden angle in a case, that point of law, procedure or evidence perhaps, which no one else has thought of or developed into a workable submission. It is not accepting that a case is unwinnable but seeking out something credible to say. You may still lose gracefully. But along the way you will have tested and probed the arguments of those who may have slipped into complacency from thinking they have, by contrast, the unlosable case. Which one of us can say we have not, in fact, lost one of those?
I learn as much as I teach. More than 15 years ago, I started teaching advocacy to new practitioners through Inner Temple. One of the most startling things was how much of a two-way process it was. Observing what works and does not work in submissions or witness handling by talented junior barristers is fascinating. You should try it. Also, having the chance to try out different techniques and take some risks, in the safety of a training session or mock trial, is of huge value. Take all the opportunities you can for training sessions and embrace the opportunities the Inns and others are rolling out for established practitioners to hone more advanced advocacy techniques. Keep learning and help others to learn.
Outreach work and seeking to promote diversity at the Bar is another of my passions. I would encourage you to get involved. If I am having a tough week, a couple of hours taken out to lead some advocacy taster sessions for school students, provide a mock pupillage interview or help with a CV clinic resets things. Part of it is realising how many inspiring, insightful and enthusiastic young people want to do the job we have the privilege to do. We should not lose sight of how fortunate we are, even as we navigate the bumps in the road and set-backs in our own careers. Seeing a group of young people (sometimes arriving with plenty of attitude and scepticism) having a go at a plea in mitigation or debating the pros and cons of euthanasia is fascinating. There will be a certain number of them who actually rather enjoy it and in whom you can see the light bulb moment, as they realise ‘I could do this’ and ‘people like me do this’.
The Bar tradition I value the most is that we help the next generation of practitioners and our colleagues. So many barristers have helped me along the way, giving their time freely and generously. It is never too early to start ‘paying it back’. So do not abandon your Inn as soon as you have completed your Qualifying Sessions and New Practitioner Programme. You will be a much more identifiable role model for students than someone 25 years in, like me. Take all the opportunities you can to get advice, whether it is formal mentoring schemes or a networking reception. You do not have to follow all the advice, but if you never hear it you cannot even consider whether to follow it. You also never know when your paths might cross again professionally (or across the Bench) or when you might need a reference or an introduction. I really do encourage you to get involved.
Speaking of giving of your time freely, find some space for pro bono work when you can. It gives rise to some wonderful experiences and career highlights. Some of my most memorable and professionally satisfying experiences have been cases where I have earned nothing but helped someone who would otherwise have had no access to justice. Inspiring people such as the bereaved spouse of a young woman, for whom we took an appeal to the Upper Tribunal about a Mesothelioma Compensation Fund for victims of asbestos exposure. We lost the appeal, but our Free Representation Unit client’s gratitude that we had clarified the law for other bereaved families coming after him was humbling. For him, his wife’s death was no longer in vain and professionally, that was priceless.
Push yourself to go outside your comfort zone, as the complacency of finding things easy (for those who ever reach that end of the rainbow) must be as dangerous as it is dull. It can be scary to take the opportunities to push your boundaries. But for my part I have had some of my best professional experiences doing that. This might be diversifying your Bar practice. For me, this has been partly by taking pro bono cases as already mentioned. It has also been by seeking out part-time judicial positions. It has certainly not been a meteoric rise. More of a slow march, consisting of failing in more applications than I have succeeded in. But tough as those failed applications are, they become their own form of training ground. I have spent time doing most of the posts available along the way. The first role I had, as a Deputy District Judge (Civil), is a uniquely wide jurisdiction. It required me to grapple with areas of law in which I had never practised, often with litigants in person before me. A steep learning curve does not do it justice. As has presiding over jury trials in the Crown Court, never having practised in crime and sitting in the Administrative Court as a newly minted Deputy High Court Judge. It is fascinating to see the inner workings of the decision-making process in any judicial or tribunal role: listening to two specialist advocates argue a tricky point, then all goes quiet, everyone looks at you and expects you to provide the ‘answer’.
Look after your wellbeing and that of those around you. Avoid flexible working equating to constant working. Remote working can feel very remote and relentless. So, make time when you consciously step away from work to do the things that help you refresh and recharge. Burn out is a real risk when we are constantly accessible to clients. Be vigilant for the signs in yourself and others. There are so many more resources online and sources of help available, tailored to lawyers, than there used to be. Try to be kind to everyone you come across, whether it is the cleaner, the usher, the stressed opponent or the judge. I have performed all those roles at different times. We are all a team and most parts of the system are under pressure, particularly the courts service.
My final tip is to put professional ethics at the heart of everything you do. In my work on panels and chairing Bar Disciplinary Tribunals it was always the cover up and rarely the original mistake which jeopardised the professional’s reputation and, ultimately, ability to keep their practising certificate. If something goes wrong, speak to someone senior you trust to help you formulate a plan. Keep the number of the Bar Council’s Ethics Line close to hand in case you ever need it. Use the guides produced by the Bar Council Ethics’ Committee. Often the problem you are facing has already arisen for others and there is online guidance available. Clients will often be forgiving about an honest mistake if there is a strategy to retrieve the situation or make amends. Ethical practice involves thinking several steps ahead, rather than just opting for the least damaging next step. Never risk your reputation for a short-term advantage or to cover up an innocent mistake. Doing that, and making sure you have ample professional indemnity insurance cover, is what will help you to sleep at night. Well, it has worked for me so far. I will let you know if that’s still the case in another 25 years.
Perhaps there is some mythical milestone a practitioner reaches when nerves evaporate, imposter syndrome is conquered, there is nothing left to learn from or share with others, and everything becomes easy. If so, 25 years into my practice and five years into silk, I am nowhere near that apparent nirvana. But is it really something to aspire to? Or maybe, just maybe, we should embrace, not rail against, what Bono called, ‘running to stand still’.
I often see looks of dawning horror on the faces of attendees at careers and outreach events when I casually mention that I still get nervous before court, client meetings, negotiations, presentations, you name it. I do not believe I am alone in that. What you do get better at is channelling those nerves into a performance. What sportspeople refer to as ‘getting in the zone’. This links with one of the tips I always give to aspiring lawyers: keep your outside interests going. It might be doing sport, performing music, drama, volunteering, teaching or other examples. Anything which requires some dedication and an element of performance. Not only does that make you more rounded, grounded and promote stress-relief, but it is positively helpful for your future professional practice. Clients appear to appreciate my calming manner in the most pressured situations. In fact, I am paddling hard under the surface. Following the water-based analogy, all this stems from my many years as a competitive swimmer (and I am still doing charity open water swims across the Solent this year!). If I am about to go into a pressure situation, I still visualise standing in front of the starting blocks in a swimming competition. Having done it so many times, that is how I calm myself and get in my ‘zone’. For you, it may be singing the first note of a solo or stepping out in front of a class of children. A much tougher audience than judges!
I have only ever met one barrister who said she did not suffer from imposter syndrome. To be fair, she is hugely successful. While I do envy her much of the time, the rest of us just need to capitalise on those feelings that we are on the cusp of being ‘found out’. It is what generates the curiosity to seek out the hidden angle in a case, that point of law, procedure or evidence perhaps, which no one else has thought of or developed into a workable submission. It is not accepting that a case is unwinnable but seeking out something credible to say. You may still lose gracefully. But along the way you will have tested and probed the arguments of those who may have slipped into complacency from thinking they have, by contrast, the unlosable case. Which one of us can say we have not, in fact, lost one of those?
I learn as much as I teach. More than 15 years ago, I started teaching advocacy to new practitioners through Inner Temple. One of the most startling things was how much of a two-way process it was. Observing what works and does not work in submissions or witness handling by talented junior barristers is fascinating. You should try it. Also, having the chance to try out different techniques and take some risks, in the safety of a training session or mock trial, is of huge value. Take all the opportunities you can for training sessions and embrace the opportunities the Inns and others are rolling out for established practitioners to hone more advanced advocacy techniques. Keep learning and help others to learn.
Outreach work and seeking to promote diversity at the Bar is another of my passions. I would encourage you to get involved. If I am having a tough week, a couple of hours taken out to lead some advocacy taster sessions for school students, provide a mock pupillage interview or help with a CV clinic resets things. Part of it is realising how many inspiring, insightful and enthusiastic young people want to do the job we have the privilege to do. We should not lose sight of how fortunate we are, even as we navigate the bumps in the road and set-backs in our own careers. Seeing a group of young people (sometimes arriving with plenty of attitude and scepticism) having a go at a plea in mitigation or debating the pros and cons of euthanasia is fascinating. There will be a certain number of them who actually rather enjoy it and in whom you can see the light bulb moment, as they realise ‘I could do this’ and ‘people like me do this’.
The Bar tradition I value the most is that we help the next generation of practitioners and our colleagues. So many barristers have helped me along the way, giving their time freely and generously. It is never too early to start ‘paying it back’. So do not abandon your Inn as soon as you have completed your Qualifying Sessions and New Practitioner Programme. You will be a much more identifiable role model for students than someone 25 years in, like me. Take all the opportunities you can to get advice, whether it is formal mentoring schemes or a networking reception. You do not have to follow all the advice, but if you never hear it you cannot even consider whether to follow it. You also never know when your paths might cross again professionally (or across the Bench) or when you might need a reference or an introduction. I really do encourage you to get involved.
Speaking of giving of your time freely, find some space for pro bono work when you can. It gives rise to some wonderful experiences and career highlights. Some of my most memorable and professionally satisfying experiences have been cases where I have earned nothing but helped someone who would otherwise have had no access to justice. Inspiring people such as the bereaved spouse of a young woman, for whom we took an appeal to the Upper Tribunal about a Mesothelioma Compensation Fund for victims of asbestos exposure. We lost the appeal, but our Free Representation Unit client’s gratitude that we had clarified the law for other bereaved families coming after him was humbling. For him, his wife’s death was no longer in vain and professionally, that was priceless.
Push yourself to go outside your comfort zone, as the complacency of finding things easy (for those who ever reach that end of the rainbow) must be as dangerous as it is dull. It can be scary to take the opportunities to push your boundaries. But for my part I have had some of my best professional experiences doing that. This might be diversifying your Bar practice. For me, this has been partly by taking pro bono cases as already mentioned. It has also been by seeking out part-time judicial positions. It has certainly not been a meteoric rise. More of a slow march, consisting of failing in more applications than I have succeeded in. But tough as those failed applications are, they become their own form of training ground. I have spent time doing most of the posts available along the way. The first role I had, as a Deputy District Judge (Civil), is a uniquely wide jurisdiction. It required me to grapple with areas of law in which I had never practised, often with litigants in person before me. A steep learning curve does not do it justice. As has presiding over jury trials in the Crown Court, never having practised in crime and sitting in the Administrative Court as a newly minted Deputy High Court Judge. It is fascinating to see the inner workings of the decision-making process in any judicial or tribunal role: listening to two specialist advocates argue a tricky point, then all goes quiet, everyone looks at you and expects you to provide the ‘answer’.
Look after your wellbeing and that of those around you. Avoid flexible working equating to constant working. Remote working can feel very remote and relentless. So, make time when you consciously step away from work to do the things that help you refresh and recharge. Burn out is a real risk when we are constantly accessible to clients. Be vigilant for the signs in yourself and others. There are so many more resources online and sources of help available, tailored to lawyers, than there used to be. Try to be kind to everyone you come across, whether it is the cleaner, the usher, the stressed opponent or the judge. I have performed all those roles at different times. We are all a team and most parts of the system are under pressure, particularly the courts service.
My final tip is to put professional ethics at the heart of everything you do. In my work on panels and chairing Bar Disciplinary Tribunals it was always the cover up and rarely the original mistake which jeopardised the professional’s reputation and, ultimately, ability to keep their practising certificate. If something goes wrong, speak to someone senior you trust to help you formulate a plan. Keep the number of the Bar Council’s Ethics Line close to hand in case you ever need it. Use the guides produced by the Bar Council Ethics’ Committee. Often the problem you are facing has already arisen for others and there is online guidance available. Clients will often be forgiving about an honest mistake if there is a strategy to retrieve the situation or make amends. Ethical practice involves thinking several steps ahead, rather than just opting for the least damaging next step. Never risk your reputation for a short-term advantage or to cover up an innocent mistake. Doing that, and making sure you have ample professional indemnity insurance cover, is what will help you to sleep at night. Well, it has worked for me so far. I will let you know if that’s still the case in another 25 years.
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