QUALIFYING AS AN ADVOCATE IN GUERNSEY Introduction Becoming an Advocate in Guernsey involves several years of training, in English, French and Guernsey Law. The role of an Advocate combines that of a Barrister or Solicitor in England, a dual role is performed. In order to obtain a place on a degree course, good A-level grades are required. Each university will have its own specification but generally traditional subjects such as the Sciences, Humanities, Maths, English and Languages are desirable. Degree Level If you do not have either a law degree or a law combined degree you will be required to take the Common Professional Examination in law (CPE) or Graduate Diploma in Law (GDL) which takes 1-2 years to study following the completion of your non-law degree, depending on whether you study full or part-time. It is possible for a non-graduate to enrol on the CPE/GDL course provided they are a mature student or hold another academic or vocational qualification. To be eligible for CPE/GDL, your original degree must be recognised as a "qualifying degree". During your law degree or CPE/GDL, you will have studied the subjects outlined below. There will also be optional subjects you will have to choose from. The compulsory subjects are:- Public Law (Constitution and Administrative Law); English Legal Method and Institutions; Criminal Law; Contract; Tort; Equity and Trusts; Land Law; European Law. Once you have either a law, law combined degree or the CPE/GDL, the next stage is to study for the Bar, or become a Solicitor of the Supreme Court of England and Wales. Legal Qualification Barrister In order to qualify as a barrister it is necessary to follow the vocational training route (the "BVC"). The BVC, (1-2 years full or part-time), is highly practical and students are examined not only in knowledge of the law, but also in opinion writing, drafting, advocacy, negotiation and other legal skills. Prior to enrolment it will be necessary to join one of the four Inns of Court situate in London. These are: Gray's Inn; Middle Temple; Inner Temple; Lincoln's Inn Prior to Call Day (when you are called to the Bar), you must have passed the Bar examinations and it is necessary to dine a minimum of twelve times at your Inn of Court. Dining is an interesting experience in the ancient dining hall of your Inn of Court, where everyone sits on long benches and a three-course meal is served. There are various themed evenings such as "guest" night (where you can take guests) and "senior benchers" night (where you will be seated amongst senior Barristers and have the opportunity to discuss law and legal practice with them). Solicitor If you wish to become a Solicitor, you must also complete the academic stage of training by passing the Legal Practice Course (the "LPC"). Like the Bar Course, it is 1-2 years in duration. This is also a highly practical course run by various institutions comprising several areas (although these will vary throughout the institutions): Business Law and Practice; Litigation and Advocacy; Property Law and Practice; Business and Solicitors' Accounts; European Union Law; Human Rights; Probate and Administration; Professional Conduct and Client Care; and Revenue Law. Other areas of study must be chosen from a list of optional subjects. Assessment comprises a mixture of written examinations, in-course assessment and assessment of skills, largely by role play. Once you have successfully completed the LPC, you must undertake a two year Training Contract (formerly known as "Articles") before you can be admitted as a solicitor of the Supreme Court. Various firms of Solicitors across the country offer Training Contracts, which are effectively apprenticeships. In the two year period it is a requirement that there is training in at least four different departments. During the two year period, there are also a series of courses to attend and short examinations to pass. These include accounting and further development of legal skills. When you have achieved this you will be admitted as a solicitor of the Supreme Court. The Guernsey Bar Unless you are a native of the Island you are required to be ordinarily resident in the Bailiwick of Guernsey for a period of 3 years (after attaining the age of 16 years), before you can be admitted to the Guernsey Bar. You must be: a member of the Bar of England and Wales; or a member of the Bar of Northern Ireland; or a member of the Faculty of Advocates in Scotland; or a Solicitor of the Supreme Court of England and Wales; or a Solicitor of the Supreme Court of Judicature of Northern Ireland; or a Solicitor in Scotland. Examinations French Qualification Guernsey Law is historically derived from Norman Law. It is, therefore, valuable to have some insight into French customs and laws. Such customs and laws are still cited in Guernsey courts today. Aspiring Advocates are required to attend the University of Caen for a period of approximately 10 weeks (from September to December) which culminates in a series of oral examinations. It is useful and advisable to have studied French to "A" level, or have had some French lessons. You must have either:- a "Certificat d'Etudes Juridiques Françaises et Normandes" from the University of Caen, or; a Diploma stating that you are a "Bachelier" of one of the Faculties of Law of France. Guernsey Bar Exams Advocates in Guernsey may also be heard in the Alderney and Sark Courts so it is also necessary to be familiar with the laws of these Islands of the Bailiwick. The final stage is to pass four examinations in the following areas of Bailiwick Law:- The Constitution and Law of Guernsey; Criminal and Civil Litigation; Property; and Either Private Client law; or Commercial law. The examinations are conducted by a Committee under the authority of the Royal Court following a period of pupillage with a firm of Guernsey Advocates. The examinations are now sat in or around June following pupillage. If you are unable to satisfy the Royal Court that you have undertaken pupillage of at least six months in the relevant jurisdiction in the case of a member of the Bar of England and Wales, a member of the Bar of Northern Ireland or a member of the Faculty of Advocates in Scotland, you are required to undertake pupillage for at least twelve months in Guernsey (accredited to an Advocate of the Royal Court of at least five years' standing). In any other case, this would be a period of at least six months. Upon qualification, at certain sittings of the Royal Court, you are required to attend fully robed. In Guernsey this means you have to wear bands and a gown (similar to a Barrister in the UK) and a hat called a "Toque". There is no requirement to wear a wig in Guernsey. Although this may seem like a very daunting process, with a lot of hard work it is certainly achievable, illustrated by a Bar of more than 100 Advocates in Guernsey today. The following websites may be of interest to anyone considering a career in Law; www.lawsociety.org.uk; www.barcouncil.org.uk Anyone wishing to discuss any issues raised in this handout, or about life as an Advocate generally may contact Jason Green or Lisa Upham on 723191 and they would be happy to help.

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