Essential Techniques in Selection

Chambers must be concerned that their selection procedures:

  • ensure equal, accurate and fair assessment of all applicants.
  • ensure as far as possible that offers are made to those applicants who best meet the requirements of the post.
  • use the time available for selection as effectively as possible.
  • build selectors’, candidates’ and public confidence in the quality of assessment.

The Importance of Objective Criteria

Objective selection depends upon determining the abilities required to carry out the job. Equally, it involves eliminating from consideration all those qualities that may be individual personal preferences of a selector but which are, in terms of job performance and the needs of Chambers, irrelevant. Once determined, the criteria should infuse all aspects of the selection procedure. They should be:

  • manifest in chambers promotional literature and job advertisements.
  • fully covered in chambers’ application forms.
  • used in pre-selection.
  • determinant in choice of selection procedures.
  • the focus of selectors’ questioning in interview
  • the basis for collecting supplementary information from sources such as simulation exercises and referees.
  • paramount in candidate assessment.

They should be written down and agreed by all engaged in the selection procedure. Written criteria bring the following benefits:

  1. They help control selector’s bias. They provide a checklist for ensuring that all selection procedures, all questioning and all assessment are relevant. They enable selectors to assess their own contribution. They challenge selection via the Old Boys (Girls) Network.
  2. They promote equality in treatment of candidates, since all must be assessed against the same requirements. (N.B. They do not imply standard questions, to be asked of all regardless of background.)
  3. They build confidence between panels in each other’s judgement.
  4. They provide a rational basis to justify any decisions which may be challenged and so help to promote public confidence that assessments are fair.
  5. They help in ranking the middle block of candidates who are neither obviously high fliers nor obviously unsuitable.
  6. They provide a basis for reviewing and revising selection procedures.
  7. Most importantly, they can be revised. All criteria need regular revision, to keep up with changes in job requirements and changes in type and range of applicant.

Determining the Criteria

This begins with drawing up a Job Description. It is advisable to identify:

  • the principal types of work that the pupil would be expected to do;
  • how the pupil’s time would be divided between the different activities;
  • the principal areas of law which the pupil will be expected to undertake.

Job Descriptions list the requirements of the job (or group of jobs) and are usually in the following format:

  1. Purpose of the Job
  2. Primary Responsibilities
  3. Key Activities relating to Primary Responsibilities
  4. Subsidiary, Special or Occasional Responsibilities
  5. Activities associated with Subsidiary Responsibilities
  6. Obligatory or required Working Conditions.

For many jobs, the description will run from 3-5 pages. This description is the basis from which selectors establish the criteria by which candidates are to be judged, often incorporated in a Person Specification. The document, however titled, will need to identify the knowledge, skills and other abilities required by a particular chambers of a competent pupil/barrister under the following headings:

  • qualifications
  • knowledge (of area of the law)
  • ability to Apply Specialist Areas of Law and Procedure
  • analytical Ability
  • communication skills, oral and written.

To categorize abilities, many Chambers use some variation on the following:

  • intellectual Abilities
  • motivation
  • relationships
  • temperament

One example of how a legal post has been approached by this method can be found on the Department for Constitutional Affairs web site where job descriptions for judicial posts have been set out. These can be easily adapted for use in chambers.

Information included under each of these categories can be divided into Essential and Desirable. Thus under Temperament, an ability to remain calm and confident whilst working for long hours with complex material might be seen as essential. An ability to work in an hierarchical environment, or when not under pressure might be regarded as Desirable but not essential.

A number of issues arise in attempting to define criteria:

  1. Career span

E.g. should the criteria relate only to pupillage? Or should they assume that the pupil will go on to tenancy and possible senior work? If so how senior? The qualities required for positions carrying major social responsibilities have been subject to much investigation. Most findings emphasise:

  • Helicopter vision: the ability to see beyond the confines of the problem and set it in a broader context.
  • High tolerance for ambiguity, paradox and confusing evidence, whilst staying focussed.
  • Ability to handle daily issues with minimum waste or disruption.

This seems a tall order for a first six pupil, but chambers might think it reasonable to ensure that their defined criteria indicated potential for tenancy.

  1. Word Definition

Much confusion between selectors can be caused by using abstract, umbrella words such as integrity, sense of humour, flair and maturity.

The solution, which benefits candidates, selectors and the selection process, is to define the abilities required as much as possible in behavioural terms. What actions would indicate that the candidate possessed the wanted ability? For instance, in tackling some problem, did s/he remain on friendly co-operative terms with the people concerned? Did s/he produce a practical and/or creative solution?

  1. Weighting

Whilst all the essential items within each category should be important in assessing a candidate, chambers may need to consider whether all categories are of equal importance. Some chambers may conclude that intellectual demands are such that candidates with exceptional intellectual ability must be taken on, even if somewhat deficient in, say, impact or relationships. Others may decide that, given the level of academic achievement of all candidates seen, greater weight must be given to the relationships they establish with others. Ideally, selectors should agree both the criteria and the weighting before seeing the candidates.

Criteria weighting may also be affected by chambers’ expectations. Are pupils being selected for pupillage only? Or with a view to their becoming tenants? Or ultimately to taking a senior position in the profession? These questions have to be agreed before criteria and weighting are finalised.

The criteria which selectors intend to employ can usefully be published and issued to candidates in advance of selection. This helps all potential candidates to decide whether to continue with the application and if so, how to prepare for the interviews. The OLPAS Handbook gives useful general advice in this respect, advising applicants to prepare by reviewing the range of their experiences, and selecting those where they have demonstrated the abilities required. They should include in the review:

  • achievements outside academia
  • experience in business transactions and marketing
  • work in presentations (including mooting and public appearances
  • pro bono work
  • opinions on current issues

Agreed criteria both impose a discipline upon the selectors and also free them to consider all aspects of the candidate’s career. Discipline comes from the requirement to abide by the criteria, and the criteria alone, in assessing the candidate.

Advance Information

The first piece of information selectors receive regarding an applicant is likely to be provided by a complete Application Form or CV.

Some chambers prefer CVs, on the grounds that they demonstrate how the applicant chooses to present him or herself. The CV does indeed hand over to the candidate the task of organising material, but it also provides considerable license to omit or embellish data.

OLPAS recommends the use of an Application Form, which can be designed to ensure that:

Essential information such as name and address and academic experience and achievements are collected, the latter with dates, subject matter and exam results.

Work experience is systematically recorded with precise dates, employer’s name and address, and job responsibilities.

These requirements are met by the OLPAS form, which also gives the candidate freedom to express him/herself, within the constraints of half a page, on matters such as choice of career and challenges and achievements. There is also a freehand section for additional information.

Candidates will, of course, continue to present a more or less optimistic view of themselves even within the confines of an Application Form. But omissions are more easily spotted and dates and results are more easily checked than they are in an inventive CV. The structure imposed by the Application Form also greatly helps in comparing the experiences of different candidates.

Short-listing

Short-listing is usually by means of a paper sift, assessing the information on the Application Form against the criteria, so as to eliminate those least likely to meet requirements. Other possibilities are written paper or test.

Short-listing

Short-listing from reading the applications should be done by experienced selectors, using the agreed criteria. Each application should be read by at least two selectors who mark independently before meeting to discuss their conclusions. The selectors should differ, if possible, in gender, age and background, so that the form is studied from different points of view. Selectors should record the basis of their judgement, on a standard form related to agreed criteria and indicate their reasons. This record can either go forward to the next selectors, or be retained to justify not calling the candidate to interview. A note from the paper sifters can help selectors by highlighting points for discussion such as unevenness in examination results, ambiguities in dates, or phrases needing exploration (‘in charge of the office’, ‘member of the club’, ‘attended the course’).

An effective paper sift has many benefits if properly carried out, predominantly in reducing the pressure upon later stage selectors and so enabling them to devote more time to short-listed applicants. Where numbers warrant it, additional sifts can be introduced. These may include written / oral tests, requiring, for example, analysis of a recent case.

The Range of Selection Procedures

Assuming chambers now have a useful short-list of suitable candidates, what are their options for the next stage?

The interview is a valuable method of selection provided it is conducted systematically and objectively. It may usefully be supplemented by exercises, however, particularly simulation exercises which require candidates to demonstrate particular abilities required in the post. Assessed mini-pupillages can be seen as simulation exercises, since they require the candidate to carry out many of the tasks required in pupillage.

Some Chambers supplement their interviews with presentation exercises. For example, candidates may be given 15 minutes in which to prepare a short presentation on a relevant topical subject. They deliver their presentation individually to the selectors and respond to subsequent questioning. Such an exercise gives selectors an opportunity to assess the candidate’s presentation skill, ability to analyse and prioritise information and quickness of response. Other Chambers conduct an interview purely in terms of the candidate’s reply to set questions on predetermined topics. This type of interview has the merit of standardising treatment, since all candidates are asked about the same topics. It may, however, omit some of the evidence that can be gathered in the biographical interview.

Invitation to Interview

Having determined the ingredients of the selection procedure, chambers need a procedure for inviting candidates to interview and a timetable for the total process. The letter of invitation can set the tone for the interview. Thus chambers might invite candidates in a friendly letter giving the date, time and venue of the interview together with a map. It might state how long the interview will last and explain whether the procedure includes tests or exercises. It could advise on dress (court dress suitable for wearing with robes or casual

Purpose of the Interview

The purpose of the selection interview is primarily to make as accurate an assessment as possible of those of the candidate’s abilities which are relevant to the post. It must also enable the selectors to exclude any whose abilities could militate against appropriate performance. It should serve to reassure all concerned that these aims are being effectively pursued.

A variety of skills are involved in conducting a selection interview so as to achieve maximum grounds for reaching a fair assessment.

Composition of the Interview Panel

Most chambers use a panel of interviewers when selecting pupils or tenants. The value of a panel is that it ensures the candidate is questioned and assessed by more than one person, and so is assessed from more than one point of view. Chambers may also need reassurance that more representatives than one have seen the candidates.

If a panel is used, there are good reasons for keeping it to three people. In a panel of three, there is usually one cautious or dissenting voice. Increasing the size of the panel does not improve the accuracy of assessment and has the disadvantage that it reduces the amount of time each panellist has for questioning. Very large panels virtually become an audience for the candidate’s presentation skills, since no panellist has time for detailed probing. A further reason for keeping to panels of three is chambers concern to keep demands on selectors to an effective minimum, in view of the time the procedure necessarily demands.

To maximise the value of different viewpoints, panels should be as varied as possible. Thus a senior member should be matched by a junior, both genders should be represented and members of different ethnic backgrounds should be called upon where possible.

The availability of senior people to sit on panels can pose a problem. Selection is certainly time consuming and time is at a premium for the self-employed. On the other hand, it is an important and skilled task that cannot be left entirely to juniors. Chambers may need to establish a policy regarding how the task is distributed (e.g., by agreed rota or by short secondments).

There is some evidence that gender of panellist and candidate can affect the interview. Women candidates, for example, may respond better to women panellists – even though women panellists may challenge them more than do their male colleagues. Such influences are controlled if all panellists are trained to treat all candidates in similar fashion and to ask them all a range of questions which similarly explore their experiences.

To avoid any risk or appearance of bias, no panellists should interview a candidate to whom s/he is related or with whom s/he has some other important relationship. Pupil Supervisors, for example, should not be included on panels where their own pupils are being assessed for tenancy. Any interest in the advancement of a particular candidate, in fact, should be declared and the panellist stood down for the interview.

Training of Panellists

Training of panellists is important to prevent poorly conducted interviews and to make best use of the time being spent. Training can be dealt with in house but it should cover:

The purpose of the interview

  • The importance of appropriate support (essential documents, received in advance; systematic procedures for inviting candidates and for following up; monitoring of results)
  • The importance of an appropriate venue and time table (the latter to allow for panel preparation before the interview and for subsequent discussion, in addition to the interview itself)
  • The value of an interview structure with agreed roles for the Chair and each panellist
  • The skills of questioning (avoiding illegal or wasteful questions, gathering information as accurately and efficiently as possible)
  • The non-verbal management of the interview.

Purpose

Panellists need to be clear, and agreed, on the purpose of the interview. It is not to stress the candidate or pursue him/her in adversarial style. It is not to counsel the candidate on the career s/he should pursue. It is not to demonstrate the panellists’ knowledge or skills. It is to obtain as much information as possible in the time available, about the candidate’s abilities, relative to the job. The information has to be gathered with minimum distortion so that the Panel can reach a fair decision on whether or not to offer a position. This purpose determines the conduct of proceedings. For example, an important reason for treating candidates courteously is that this is the treatment most likely to encourage them to respond fully and frankly.

Structure of the Interview

The candidate is helped to respond if it is clear who is managing proceedings and s/he can attend to one panellist at a time. Panellists are helped if they can to some extent define their task in advance and can rely on having sufficient time to explore the matter with each candidate.

A recommended structure, as already followed by many chambers, divides the Panel’s work as follows:

Role of the Chair

Before the Interview

Convenes the Panel in advance.

Agrees with them the procedure and areas of questioning and time they will take.

During the Interview

Welcomes the candidate.

Introduces the Panel members.

Explains how the interview will be conducted.

Opens discussion with one or two general questions, keeping to easy topics such as the candidate’s interest in the Bar or his/her recent successes. These questions should be open, encouraging sufficient response to provide leads which Panellists may find useful.

Once a rapport is established, the Chair invites a Panellist to follow on, listens to the exchange and seeks clarification or further information if necessary and repeats the procedure with the second Panellist.

In Conclusion: the Chair

Invites the candidate to add any information s/he wishes.

Asks the candidate if s/he has any questions regarding the job.

Explains the next stage (e.g., when the candidate will hear the Panel’s decision).