Becoming a Barrister: Malcolm Waters QC on Advocacy, Career Choices and the Future of the Bar

“How do I become a barrister?”

It is a question asked by many hopeful law students who have completed a mini pupillage and found themselves captivated by the courtroom, or by those who have excelled in mooting and now feel determined to stand up for the great and the good.

Yet the real question is not how but why.

“Why become a barrister?” For Malcolm Waters QC, the reasons were clear from the beginning.

Malcolm Waters QC was called to the Bar in 1977 and took silk in 1997.

He has enjoyed a distinguished career as a Chancery barrister, focusing on banking, finance and financial services. He has worked on numerous reported cases and co-authored publications for Sweet and Maxwell.

He has also served as consultant editor for several editions of Halsbury’s Laws of England. As the attached document notes, “what Malcolm Waters QC doesn’t know about his area of the law isn’t worth knowing,” which is precisely why his advice is invaluable to students considering a career at the Bar.

I spoke with Malcolm Waters QC to learn more about his life as a Chancery barrister.

Here is what he shared.

• Why did you decide to pursue a career in law and why a barrister rather than a solicitor?: He explained that he chose law partly because he liked the idea of advising people on how to resolve problems and partly because it seemed a suitable career for someone who had studied arts subjects at A level. He decided to become a barrister because his law tutor believed it would provide a more stimulating intellectual challenge than practice as a solicitor.
• What advice would you give to students who are undecided between the barrister and solicitor routes?: He believes the Bar is better suited to those who enjoy advocacy and prefer working independently. Solicitors, by contrast, often work within larger teams and become more directly involved in negotiating and implementing commercial and other transactions. He noted that the role of a barrister is more exposed, particularly in court, but offers the satisfaction of taking full credit or responsibility for professional decisions from the outset.
• How has the legal profession changed since you qualified, and how do you expect it to change in the next decade?: He observed that law firms and chambers are now much larger and more professionally managed. Lawyers also have access to powerful online research tools that did not exist when he qualified. Looking ahead, he expects artificial intelligence to play an increasing role in routine transactional work and possibly in resolving simpler disputes. He believes there will always be a role for lawyers in advocacy and advisory work, although there may be fewer of them.
• What does it mean to be a QC?: He explained that appointment as Queen’s Counsel marks an advocate who has demonstrated the ability to handle cases of particular difficulty, complexity or sensitivity. Because of the emphasis on advocacy, taking silk is not a natural progression for all barristers. A barrister may be an expert in a particular field but not eligible for silk if their practice is focused on advisory or drafting work. There is also a degree of risk in applying, which means some eligible practitioners choose not to pursue it. However, unlike solicitors, barristers do not face the obstacle of a top-heavy partnership structure that limits progression.
• What challenges have you faced in your career and how have you overcome them?: He identified two major challenges in his area of practice: the speed and complexity of changes in legal and regulatory requirements, and increasing competition from large law firms. He addressed these challenges by co-editing a regularly updated legal textbook covering the main areas of his practice. As he noted, this required him to stay up to date and allowed him to publicise that expertise, “though sadly only to a very small readership.”
• How can diversity at the Bar be increased?: He believes diversity has improved in recent years due to professional rules aimed at promoting equality, such as requiring selection panel members to be trained in fair recruitment. He emphasised the importance of combating the perception that the Bar is elitist or unwelcoming to those from disadvantaged backgrounds or ethnic minorities. He highlighted initiatives encouraging school students from underrepresented groups to learn about the Bar and consider it as a career. He is confident that these programmes will widen the pool of future barristers.
• What advice do you have for aspiring lawyers seeking to improve their commercial awareness?: He recommends researching a law firm or set of chambers before attending an interview. Websites and legal directories such as Chambers and the Legal 500 provide useful background information. Awareness of commercial developments is particularly important for candidates applying to commercial firms or sets. His preferred sources of news and analysis include the Today programme on Radio 4, the Times and the BBC news website.

Malcolm Waters QC has been a leading lawyer throughout his career. He has exemplified the qualities of a true advocate and has guided countless people to justice.

On behalf of everyone at The Student Lawyer, I extend sincere thanks for his time, his insight and the moment he chose to become a barrister.