Written tests, simulated exercises, presentations

There are a variety of different kinds of work samples that might be used in recruitment. What is suitable will – as ever – depend on the nature of the role. For a pupillage exercise, this will likely include simulated advocacy exercises or preparing a piece written work. We advise that anyone involved in designing a pupillage recruitment exercise reads the Bar Council’s helpful guide as to the benefits and drawbacks of the different types of work samples that might be used in pupillage recruitment.

For lateral recruitment, ‘work samples’ may require providing samples of actual work (appropriately redacted).

For staff recruitment, it may be appropriate to set practical ‘in-tray’ exercises or exercises requiring the preparation of the kind of written work that would form part of the day-to-day role.

Across all kinds of recruitment, consideration should be given to the following factors, to ensure:[1]

  1. consistency across applicants (for example, each applicant should have the same amount of time to prepare, subject to any reasonable adjustments needed, and the reviewers should apply consistent marking criteria[2]);
  2. that the work sample enables the key skills to be tested effectively (for example, not adopting an advocacy test based on legal materials that are so difficult that no applicant is able to demonstrate good oral advocacy skills[3]);
  3. that no applicant is unduly advantaged by the kind of test adopted (for example, requiring the applicants to have a certain level of specific legal knowledge may disadvantage those earlier in the process of qualifying[4]); and
  4. appropriate responses to requests for reasonable adjustments so that no applicant is unfairly prejudiced by a requirement to undertake a work sample exercise.

As recommended by the Bar Council, piloting any proposed activity with a current pupil or new member of staff may assist in identifying potential pitfalls along these lines.