Page 89 - Judicial Diversity Update report

based exercises. Solicitor candidates report that exercises are, in their view,
framed in such a way that an experienced advocate would be more comfortable
and more capable in executing the task. There was a time when JAC
competitions involved role plays involving courtroom scenarios. We are
pleased that there has been a move away from such exercises. However,
scenarios which are ‘court-like’ continue to place barrister candidates at a
significant advantage over solicitor candidates, especially those with a non-
contentious practice.

5.14. While we await the results of the ‘deep dive’ in respect of professional
background, solicitor candidates plainly fail in much higher numbers than
barrister candidates and this cannot be a function of intelligence, judgement or
abilities.

5.15. The fundamental challenge for the appointment of solicitor candidates to the
senior judiciary is that the JAC exercises are a competition. It is not enough for
solicitor candidates to meet competencies, to be appointed they must be
assessed as outperforming barristers applying for the same roles. From time to
time, the JAC publishes competency matrices for exercises. These provide
would-be candidates with an indication of the kind of experience, outside of
advocacy, that might satisfy various competencies. But even if solicitors satisfy
the competencies, they must still give stronger examples than barristers to
progress. It is unclear whether a solicitor’s experience, for example in a
complicated transaction, would ever be preferred to the experience of a barrister
appearing in the Supreme Court or Court of Appeal. It is in part because of this
we believe that solicitors are appointed in such small numbers to the Circuit
and High Court benches.

5.16. It is important that the assessment of ‘merit’ is framed with less particularity,
allowing for candidates with a broader range of skills and experiences to
demonstrate their abilities. We recommend that the JAC invest in a longitudinal
study of these appointments, to find common denominators which might
suggest what sort of solicitors might be likely to be appointed (e.g. from what
practice areas, from which sector, with what sitting experience etc.). This would
provide the JAC with insights into the paths of solicitors, and also success
stories to encourage applications from solicitors.

Recruiting for potential

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