Falcon Chambers

The number of silks at the set means the most challenging cases are sent Falcon’s way, with one tenant telling us “many of the papers that come across my desk raise points of law which are untested”. This sometimes means trips to the Supreme Court for members of the set — such as the two members (Guy Fetherstonhaugh KC and Elizabeth Fitzgerald) making the trip for the Tate case. Members are also frequently involved in work in other jurisdictions, particularly Commonwealth countries. We’re told that pupils and juniors will typically begin by taking on mainly residential property cases before working up to handling commercial property cases of significant value. There are opportunities, however, to be led by a silk in the most high-profile cases.

Recent cases taken on by members at Falcon Chambers include members working on cases currently making their way through the courts under the Building Safety Act 2022 (enacted following the Grenfell disaster), three members appearing (on different sides) in the Court of Appeal in a case concerning  the procedure for renewal of agreements under the Electronic Communications Code in the context of a concurrent lease, and members appearing in well-publicised nuisance cases such as the Tate Modern viewing platform case and a case concerning whether polluting discharges could be the subject of a nuisance claim.

With so much going on in Chambers, it’s important that you have good people around you. Fortunately for the tenants at Falcon, they belong to a “close knit, collegiate” set and can rely on each other if they get stuck on a legal problem. We hear that there is an open-door policy throughout the set. One member tells us, “I cannot really think of a person in Chambers that I would feel unable to go to with a problem”. Apparently, it is common for members to “share their difficulties and anxieties” with one another, and we’re told people are always there for advice and support, no matter how busy they are. One member sums up, “I could not think of any better colleagues: they are wonderful”.

That support is sometimes especially needed when the workload gets heavy. Whilst members of Falcon are generally positive about their work-life balance, there are inevitably times when it can become a “constant challenge”. When the balance is off “it can be really off”, one junior tells us. However, Chambers are supportive. One tenant tells us, “I never feel under pressure to take on more work than I want to, but there is always work to be done if I want it”. Falcon are also said to be “very attentive to the need to manage everyone’s wellbeing and workload”.

There is a social side to life at Falcon Chambers for those wishing to unwind. The “close-knit” unit has numerous events going on, including lunches out and regular drinks parties to celebrate important events. We are told that members gather in the library every day if they want to have lunch together — a lovely touch. Indeed, Falcon Chambers has an active Wellbeing Committee who regularly arrange social events for members of chambers and staff. There are also various WhatsApp groups on the go, including one for baby juniors, and ad-hoc socialising is pretty common.

When it comes to the building itself, chambers has recently undertaken the refurbishment of their reception area, including upgrading and installing state of the art facilities that enable video meetings and hearings. Chambers has also upgraded its central IT services to improve remote access and general cyber security. The tech support now provided is “excellent” and there is in-person support throughout the week as well as remote support out of hours as needed.

Those sold on property law and Falcon Chambers should apply for pupillage through the Pupillage Gateway. Falcon recruits two pupils a year, offering a recently-upped award of £75,000 to each. Those scoring highest in the written application, around 20 people, will be invited to a first-round interview, which usually lasts about 20 minutes and is in front of a panel of three. Based on performance in this interview, up to seven candidates will be invited to a final round interview, before which they must also complete a written exercise. The final interview considers the written exercise as well as a problem question. It takes place in front of five members of Chambers. Throughout the application process, the criteria that Falcon uses are the same: an excellent academic track record, ability to think quickly and absorb information rapidly, ability to identify essential points and possible solutions in a practical and pragmatic manner, communication skills, interpersonal skills, time and personal management skills, and integrity.

Those successful in their pupillage application may be invited to attend a week-long crash course in property law, delivered by Professor Martin Dixon of Queen’s College, Cambridge. Upon starting pupillage, they will rotate through four different pupil supervisors to enable them to see as wide a variety of work as possible. Common tasks for pupils in their first six will be reading papers before conferences and briefs before court, writing opinions and draft statements of case, and attending court with tenants. During the second six, pupils will begin taking on their own work. This will typically be things like appearing in possession or interim hearings and writing pleadings or opinions. Throughout pupillage, training and feedback are provided. One tenant tells us, “We treat pupillage as an investment in the future and so there is a real atmosphere that chambers want you to succeed”.

Falcon Chambers emphasises that it recruits only on merit, regardless of gender, race, ethnicity, disability or any other characteristic. The set publishes its equality and diversity statistics on its website.

The pupillage experience

Before I started my pupillage, I received a one-week intensive course in landlord and tenant law from Professor Martin Dixon of Queens’ College, Cambridge. Chambers organises this for all incoming pupils and it was very useful in providing me with a solid grounding in this unfamiliar area of law.

My pupillage was divided into four three-month seats, each with a different supervisor who gave me papers to read, set work for me to do, and provided me with feedback. I was involved in whatever work my supervisor had going on at the time and my tasks included carrying out legal research, assisting with preparation for trials and hearings, and drafting pleadings, opinions, and skeleton arguments.

Throughout my pupillage, my hours were very reasonable. I worked between 9:00am and 6:00pm and was discouraged from working outside that. The deadlines I was set were always appropriate and intended to allow me enough time to produce my best work, rather than to put me under intense time pressure. For that reason, I only ended up working on evenings or weekends a handful of times, either where the work was urgent or (twice) because a mediation had run late.

In my second six, I continued to spend most of my time doing work for my supervisors but I also picked up a few small cases of my own. I was instructed to draft statements of case and applications, to appear in court at possession hearings, and to act as a junior for a QC. Chambers also organised advocacy training and assessments to prepare me for appearing in court.

The transition from pupil to tenant

To be quite honest, I found the transition from pupillage to tenancy more stressful than I had anticipated. Chambers prepared me well by giving me some of my own work towards the end of my pupillage, so that the shift wasn’t as abrupt as it could have been, but it’s still an adjustment when you realise that the buck now stops with you rather than your supervisor. Having said that, I always felt able to ask questions to other members of chambers if I was unsure about something, which I did on a more or less daily basis at the start and still do frequently.

The other major change that comes with tenancy is that the amount of work you take on, and the time you have to complete it, are no longer fixed for you by a supervisor. Instead, managing your own diary, setting realistic deadlines for yourself, and keeping control of your working hours become essential skills. I found that the key to doing this successfully was to develop a collaborative relationship with the clerks, who were excellent.

What is your practice like now?

All of my work relates to land in some shape or form. As you might expect, I deal with lots of landlord and tenant law and classic ‘land law’ issues such as easements and restrictive covenants. But my work also regularly involves other areas such as contract, tort, trusts, professional negligence, and insolvency. I act for a broad range of clients, including residential tenants, private homeowners, farmers, property developers, and corporate landlords.

For most of my cases, I’m the only barrister representing my client, which means that I have a lot of independence and plenty of opportunities for advocacy experience. Less frequently, I’m instructed on more complex matters as a junior to a more senior barrister.

The structure of my working week varies depending on what I have on. In an average week, I might be in court two or three times, typically on short hearings, and then fill the rest of my time with a couple of pieces of written work.

My hours remain good and I’m happy with my work/life balance. I typically choose to work 9:00am to 7:00pm, although that fluctuates depending on how busy I am. Wherever possible, I try to keep my evenings and weekends free, which prevents me from burning out and also means that when something urgent does come up I have the time to deal with it.

What is the culture of chambers?

My colleagues in Chambers are a genuinely lovely and friendly bunch. People regularly pop into my room to say hello or check how I’m getting on and we tend to congregate in the library to have lunch together every day, which pupils are encouraged to attend. The atmosphere in Chambers is relaxed and non-hierarchical and, as a pupil, I felt welcome from the moment I started. Having done mini-pupillages at quite a few other sets, I genuinely think the culture we have is special.

Everyone, at all levels of seniority, is more than happy to answer questions or to be used as a sounding board for a slightly ‘out there’ argument. On days when I happen to be working from home, there’s a WhatsApp group that the junior juniors use to keep in touch and ask each other questions (and send photos of our pets).

Being self-employed, it’s up to each of us to strike our own balance between coming into chambers and working from home and, like everyone else, our working habits have been affected by the pandemic. My sense, however, is that we have quite a high proportion of attendance compared to many other sets, which I think is beneficial for those at the start of their careers.

The clerks and support staff are all great and a vital part of Chambers. The clerks have a very good understanding of what it’s like for new tenants starting out in practice and were able to guide me as I got my feet under the table. In addition to our day-to-day communications, I have practice meetings with them every few months, in which we assess how my practice is developing and discuss ways in which I might steer it in one direction or another.

Top tips for those wanting to become a barrister/secure a pupillage at your chambers

Start by looking at the criteria by which applications are assessed, which you can find on our website, and think carefully about how the experiences you’ve had can be used to demonstrate that you meet them. Giving examples is key, both in the application form and at interview. Don’t fall into the trap of making bald assertions (such as that you’re calm under pressure and work well with other people) without evidence. The application form is also a chance for us to see your written advocacy, so make sure that all your answers are concise, clear, and well-structured and pay particular attention to any essay questions.

Once you get to the interview stage, my top tips would be:

(1) As with the application form, it’s not just about what you say, but also how you say it. Your interviewers will be looking for evidence of an aptitude for oral advocacy so keep your answers structured and don’t waffle.

(2) You should try to show an interest in the work we do, but we aren’t trying to test how much property law you already know. Keeping an eye on the news for topical developments in our area is a good idea, but you don’t need to worry about trying to remember all the case names from your land law notes.

(3) More generally, in my experience there is a significant degree of overlap between the questions that different chambers ask. I found it helpful to keep a note of what I was asked in each interview and if I was stumped by a question the first time around, I would make sure I had a better answer ready if it came up again.