There is no perfect way to approach being ‘on your feet’ and completing your second six. Your first day in court will inevitably be one of the most exciting but equally terrifying moments of your career. However, through this article, we hope to share our ten top tips: those things we have learned during our (very) short time ‘on our feet’ over the past year that helped us survive and enjoy our second sixes at the financial remedies Bar.

Tip 1 – Make sure you have the skills to approach cases with limited assets

The reality of the vast majority of financial remedies cases that are heard in courts up and down the country is that there are relatively limited assets, so ‘needs’ will largely govern the outcome of cases. This does not always align with the work that one sees shadowing supervisors in the first six, as supervisors will often be very experienced practitioners dealing with more complex matters and a far greater matrimonial pot. Therefore, to get to grips with the creative problem-solving skills required in cases of limited assets, it is useful to ask your pupil supervisor in the early months of your second six if you may attend court with more junior members of chambers to see examples of the types of cases on which you’re likely to be instructed.

Tip 2 – Explain legal concepts simply to your client

Developing the ability to explain legal concepts simply to lay clients is an important skill, and your second six is a good time to practise and get to grips with this. Some clients may be unfamiliar with the legal system or how the divorce and financial remedy process works. Setting this out is helpful, so they are prepared for what is to come. It is particularly useful to able to explain what factors the court considers when dividing assets, the concept of ‘needs’, and the use of Mesher orders and how they work in reality (including which triggers the court will consider are appropriate).

Sometimes, clients may assume that they are entitled to a larger share of the matrimonial assets, due to specific contributions they have made during the marriage. Alternatively, they may want to seek compensation from their spouse or run a conduct argument. It is important to be able to explain in a succinct and clear manner what the prospects are of succeeding with these arguments.

It is also important to remember that some of the clients you represent may have modest assets and are of limited means. It means your cases may be tricky – they will require creativity, and legal fees need to be managed carefully. This is why it is helpful to consider cost-effective ways for them to manage the proceedings. There are some useful pointers in Amy Beddis’ blog post ‘Limited Assets in Difficult Times’ on the FRJ website,1 such as advising your client to consider making an offer early on in the proceedings, or in Schedule 1 cases using Calderbank offers and the additional protection that this may offer. Another example is advising your client to draft the first version of their own Forms E/statements, if they are able, to save on legal fees.

Tip 3 – Be polite and do what you can to assist the court staff

Where the financial remedies courts around the country are under such pressure and strain, it goes a long way to be polite and as helpful as possible to court staff when you arrive for your hearings. Particularly for hearings such as FDRs, where you are likely to be in court for a significant portion of the day, it assists to introduce yourself, sign in promptly with court staff, and provide timely updates on any progress that has been made. It is often also useful to bring multiple paper copies of any documents you would like the judge to see and provide these to court staff on arrival. Unfortunately, electronic copies of documents do not always make it to their desired destination and litigants in person on the other side may prefer paper copies of documents.

Tip 4 – Brush up on your Excel skills

If Excel is not something that comes naturally to you or you have had relatively limited experience using it prior to beginning your pupillage, it is useful to commit some extra time to improving your skills throughout your second six. Being able to use Excel effectively and efficiently is essential in financial remedies work and will speed up prep time significantly. In addition to getting to grips with using the ES2 template, it is helpful to begin to build a portfolio of templates on Excel for ‘net effect’ schedules and other analyses of cases. This will not only assist you in prepping cases more efficiently but also allow you to advise on proposals at court where you may be under more time pressure.

Tip 5 – Draft orders at court (if possible)

A helpful tip we picked up during pupillage was to try to agree the terms of orders while at court. A huge amount of time and money can be expended after the hearing debating the terms of relatively straightforward draft orders over email. This can impede on your prep time for future hearings and cause unnecessary delay and expense to be incurred by your client. Often, it is far simpler to iron out a disagreement in relation to the phrasing of an order, or a judge’s intended order, while in person at court.

Tip 6 – Be organised

During your time as a second six pupil, it is helpful to be organised and efficient from the start. Getting a system in place will help ensure that your position statements and Forms ES1 and ES2 are completed on time. This will also allow more time to prepare your submissions or notes for the hearing and perhaps a draft order. This could all result in a smoother day at court. Get into the habit of taking an accurate attendance note of the hearing that you can later provide to your instructing solicitor. This will also help with drafting orders, in the event that you need to remind yourself of the court’s decision or any important recitals to include.

It may also be helpful to speak to your clerks about when you expect papers to arrive, so that you can organise your time accordingly. Not only will this help build a rapport with your clerks but building in prep days also ensures that you have enough time to properly consider your brief and to draft your documents. It also ensures you have time to contact your instructing solicitor if there are documents missing, or things that need to be actioned or discussed with the client before the hearing.

When you finish in court, you should inform your clerks of the outcome as soon as possible. The more they know, the better they can manage your workload for other hearings or prospective matters in your diary.

Tip 7 – The FR Portal

It is important to register and make use of the HMCTS Portal. Signing up takes a few minutes and it is a relatively easy website to navigate. It is good practice to get into the habit of asking your instructing solicitor to assign you to the case when you receive your brief, if the matter is on the portal. You can then view the documents which have been previously uploaded and upload your own documents when they are ready. There is a quick guide on how to use the FR portal on the FRJ website – you can find it in the ‘FRC Corner’2 – and this is particularly helpful on the issue of whether to select ‘Confidential Documents’ – a mistake that can easily be made!

Many judges and courts are now checking the portal first for ES1s, ES2s and position statements. There is new guidance dated 11 January 2025 on how to upload a draft order that is either agreed between the parties or suggested by one party before a hearing. Also, note the importance of naming your documents appropriately.

Some judges are now only approving draft orders that are uploaded onto the portal. Make sure you check with the judge on their preference in respect of draft orders after the hearing, as some prefer them to be uploaded onto the portal after they are approved by email.

Tip 8 – Plan your trip to court

Do not underestimate the importance of planning your trip to court. Ensure you calculate how long it will take you to get to court and give yourself enough time so that you are not rushing. It is helpful to get the train before the one you need to take, to account for any possible delays or cancellations. Also, make sure you are going to the correct court – for example, Reading County Court and Reading Magistrates’ Court are in different locations and Uxbridge County Court is not in Uxbridge itself. Some courts are tricky to get to – for example, West London Family Court or Harrogate County Court – and require a bit more planning!

If you are running late due to public transport delays, do not panic. Inform your clerks as soon as possible. They may be able to contact your instructing solicitors and/or the court.

Obtaining a Bar Pass through the Bar Council is also helpful for your arrival at court. The scheme is intended to reduce the time barristers and other professional court users spend passing through security at courts. It is easy to sign up and is free.

Tip 9 – Keep up to date

It is important to stay up to date with the latest cases, trends, and guidance in your second six. The Class Legal Dictionary of Financial Remedies3 is a helpful reference guide and compact resource which you can take to court with you.

There are also regular updates about the latest cases on the FRJ website,4 which are helpfully filtered out into categories by keyword. Judgments published in the High Court are uploaded onto the National Archives in chronological order and are easily accessible as PDFs.

The Family Law Bar Association (FLBA) is helpful when it comes to keeping up to date, and its website contains resources and links to guidance. The FLBA sends regular emails to its members containing helpful updates on guidance, advocacy and training sessions, and pro bono opportunities.

Tip 10 – Ask questions and ask for help if you need it

Being ‘on your feet’ does not mean that you can no longer ask questions or be unsure how to approach a case. A career at the Bar is one of lifelong learning and it is always important to ask for help or ask questions if you need to. Your supervisors will continue to be a source of support that you should utilise during your second six and it is important to keep in mind that everyone in chambers will have been in your shoes at some point and will be unlikely to consider any question you have too silly or simple!