Cross‑Qualifying, Advocacy and Life at the Bar: An Interview with Clive Moys of Radcliffe Chambers

Why did you decide to pursue a career in law and qualify first as a solicitor?

I am old enough to recall watching Crown Court on television and being intrigued by how one’s view changed after hearing both the Prosecution and then the Defence cases. I found the law, the legal process and thinking about justice in practice interesting and stimulating. By my mid‑teens I knew that I wanted to be a lawyer.

Neither of my parents went to university, nor did we have any lawyers in the family or legal contacts. It was a different time and far less information was available to those considering the profession, so I never even considered the Bar until after I had studied law, trained and qualified in 1988.

What made you decide to cross‑qualify, and what advice would you give to students choosing between the Bar and solicitors’ practice?

As I gained more experience as a solicitor, I gradually became more confident in court work and as an advocate. By the mid‑1990s I had decided that I wanted to do more advocacy, together with research and advisory work myself, rather than instructing someone else.

There is no substitute for experience. It is important to try work in different fields of law to identify what you most enjoy. As for choosing between the two branches of the profession, ideally you should sample both sides. I cross‑qualified in 1998. Nowadays there is even more movement between the two branches. Take your time and ask practising solicitors and barristers what they most enjoy and most dislike about their work.

How did your experience as a solicitor in London local government shape your practice at the Bar?

Gaining exposure to areas of public or administrative law such as planning and non‑domestic rates was really valuable, as was experiencing the power structures, working practices and dynamics of a large public body. It provided useful insight into decision‑making in practice and helped me build a network of colleagues and contacts.

What drew you to your specialist practice areas in real property, planning and development?

I liked, and continue to like, that the work is practical and has a tangible impact on communities. I really enjoy the site visits, or “views”, undertaken for planning and some property work. Not only do you get out of the office regularly, you see something being built or demolished and redeveloped.

I also like that every case is different. My most recent planning public inquiry involved the construction of 675 dwellings, a local distributor link road, a new primary school, a retail space and a community space, together with relocating a rugby club with three pitches and a new clubhouse. Contrast that with a judicial review challenge in which I represented a London borough council concerning the prior approval of a rear extension to a single house.

What advice would you give to students torn between practice areas such as family and commercial?

Family and commercial are very different. It is important to try out different sets of chambers, including chancery, common law, commercial, public and criminal. At the start, as a young junior, you tend to try most of the work that comes into the chambers you join. Becoming more specialist happens later.

What challenges have you faced in your career and how did you overcome them?

Life, like law, is full of uncertainties. Leaving behind a secure, reasonably well‑paid job as an experienced solicitor with very good pension provision to come to the self‑employed Bar was a challenge. It took courage to take that step. I firmly believe that if you are determined to practise at the Bar, persevere and are resilient, there is every prospect you can achieve that. I did not want to reach the end of my career asking myself “what if?”.

What advice would you give to students looking to improve their advocacy and public speaking?

Trial and error, and experience. Experiment with different styles. Go to court and observe others, taking notice of what works, what does not and why. Ultimately, you must find your own style.

You should also look for opportunities to get involved in pro bono work. There is considerable unmet need, so you can do real good while gaining experience. Explore the options with an open mind.

How should aspiring barristers prepare for the pressures of self‑employment?

I agree that self‑employment is both attractive and stressful. Try to be well‑organised and avoid taking on more work than you can realistically complete. Remember that you will not be paid a monthly salary and cash flow issues can occur while waiting to be paid on your latest case. You need to be aware of your income and balance your spending.

What are the most rewarding aspects of your profession?

Gratitude from clients. As a barrister, you can make a real impact on someone’s business or their day‑to‑day life.

If you could give one piece of advice to your younger self at the start of your career, what would it be?

Understand that technical legal skill is only one aspect of the profession. Soft skills are very important, together with the ability to think strategically and tactically about a case and anticipate how the other side will react.