Written by Ahsan Mustafa, member of the Society's Editorial Advisory Board and solicitor at Aberdein Considine
Ahsan Mustafa interviewed Bilaal Shabbir (advocate at Themis) and explored the path taken by a solicitor from a large international firm to Parliament House, and what he learned in practice that has helped him at the bar.
1. Good morning Bilaal, thank you for taking the time from your busy practice to speak with me. Can you please tell us your motivation for leaving practice as a solicitor and joining the Bar?
My decision to move from being a solicitor to the Bar was because of a desire to focus more on advocacy and the case analysis aspect of litigation. I enjoyed my time as a solicitor but at the Bar, I enjoy the opportunity to focus solely on solving tricky legal issues, thinking strategically, and the art of persuasion.
As a solicitor primarily handling Court of Session cases, my opportunities for personal advocacy were limited. Most advocacy tasks were either reserved for Counsel or arose in the Sheriff Court or Tribunals. However, whenever I had the chance to appear in these forums, I quickly realised that advocacy was the part of the job I found most engaging and rewarding.
The independence of building my own practice was something which really appealed to me too. It was not an easy decision, particularly with all the preparatory work involved in juggling exams with full-time work. But it has been the single most rewarding decision of my career thus far.
2. You had a lot of involvement with the Court of Session as a solicitor. How did this experience help with your transition from solicitor to Advocate?
Without that knowledge, I think I would have struggled with the vast amount of procedure involved in Court of Session litigation! Working in Court of Session litigation as a paralegal before qualifying and then during my traineeship and after qualification as a solicitor gave me a very solid base for when I ended up making that transition. Now, my caseload is primarily based in the Court of Session and having spent years being familiar with the Rules of Court, procedures for lodging documents and in building up relationships with the clerks, it meant the transition to the Bar was much smoother because I was not starting from scratch.
I also had the privilege of working closely with some wonderful colleagues at Faculty before coming to the Bar. That taught me the importance of effective collaboration, something which I still carry forward to my own my practice at the Bar. Knowing how solicitors approach cases and what they are looking for from Counsel has allowed me to anticipate their needs and add value to the litigation team.
3. Tell me a bit about your previous life as a solicitor.
I had a very varied career working between a small Edinburgh-based law firm where there were only four lawyers (this is where I spent my time as a paralegal, trainee solicitor and a short period after qualification as a solicitor) to eventually working for a large international firm.
The nature of being in a small firm initially meant doing almost any type of general civil/commercial/public law litigation work that came through the door! But as time went on, my work primarily consisted of public law work where I was dealing with challenges brought by judicial review in the Court of Session. The variety of work was extraordinary and included everything from immigration, regulatory and disciplinary decisions, education, oil and gas (and on one occasion, electoral law!).
When I moved to the international law firm, my work was quite niche because I was primarily working on behalf of insurer clients defending professional negligence claims against accountants, architects, surveyors, construction developers and engineers. It was here, working with insurers, that I particularly learned the importance of managing the dual pressures of legal and commercial outcomes. I also had the opportunity of seeing how Counsel handle large-scale litigations in the Court of Session.
Before devilling started, I ended up working as an ad-hoc consultant for a boutique litigation firm in Jersey (the Channel Islands, not New Jersey!). That work was fascinating because it was a whole different legal system and set of procedures than I was otherwise used to. In that firm, I was acting primarily for ultra HNWIs, foreign law firms, settlors, trustees and foreign insolvency practitioners in offshore trust and international insolvency litigation in the Royal Court of Jersey.
4. When have you grown the most in your career and what triggered that growth?
Without doubt, it was during the transition from solicitor to Advocate. The transition required me to completely rethink how I approached advocacy. Most of that was triggered by the steep learning curve of Devilling. There was not a day that went by where I did not get feedback from the instructors on how to improve every bit of my advocacy skills. It was a challenging but incredibly rewarding nine months before calling to the Bar. But it taught me what good advocacy was all about.
During that time, I was also spending time with my devilmasters seeing how life operated on the ‘other side’. That period of growth, reflection and soaking in all those new experiences were all factors which helped my growth once I started my career as an Advocate.
5. What values are important to you when you think about the kind of practice you want to build?
For me, the core values in building my practice are professionalism, clarity, and collaboration.
Professionalism for me means maintaining the highest standards in both advocacy and interactions with clients, solicitors, and the Court. I believe being dependable, straightforward, and transparent in every aspect of work will earn the respect and trust of colleagues and the Court alike.
The importance of clarity and focus was something I learned during devilling (when we constantly got asked, why are you asking this question, of this witness, at this time!). I try and implement that, whether it’s drafting submissions, presenting arguments, or advising clients. This was instilled into me by my devilmasters too. The ability to distil complex legal issues into accessible language is something I value highly, and something I try and put into practice every single day.
Collaboration is equally important. Advocacy is never a solo endeavour; it requires effective communication and teamwork with solicitors and clients. There is always a huge amount of collaboration behind the scenes before even getting to Court. Solicitors need to feel confident that I understand what the client wants to achieve and that can rely on me as a safe pair of hands. That is only achieved by being approachable, accessible and maintaining a good line of communication. It also involves appropriately managing client expectations, so everyone is on the same page when looking at the strengths and weaknesses of a case. This means lots of frank, honest discussions from the outset, where any difficult questions are addressed head-on.
6. I wish to congratulate you on your recent appointment as Chair of the Disciplinary and Appeals Panel of England Golf. I understand that you are also a Chairman of the FA’s National Serious Cases Panel.
Thank you! These appointments are a privilege and gives me the chance to do something different from my work at the Bar. Sitting in a quasi-judicial role really opens your eyes to what helps from the perspective of a judge and it’s much more apparent when you see ‘good’ or ‘bad’ advocacy.
It's a different challenge compared to traditional advocacy because you’re no longer advocating for a specific outcome; instead, you’re weighing evidence, applying the rules fairly, and delivering a balanced and reasoned decision.
What I find most interesting is the opportunity to engage with complex factual scenarios and tricky legal questions that arise in the world of sporting discipline and regulation. Cases often touch on broader issues, such as ethics, governance, and fairness, which are tricky issues. Being in the position of making decisions that directly impact participants, players, clubs and other organisations is a significant responsibility, but it’s also engaging and intellectually stimulating.
These roles have reinforced the importance of clarity, consistency, and reasoning - principles that are as relevant in my work at the Bar as they are in disciplinary proceedings.
7. You recently taught on the LLM in International Commercial Law programme in the Doha, Qatar campus of AFG College with the University of Aberdeen. What did you enjoy about that experience?
Aside from sweltering in 45°C heat whilst wearing a suit, teaching on the LLM programme in was a fascinating experience. There was a diverse range of students I had the privilege of working with. Many of them came from different legal systems and professional backgrounds. Some were judges, some were practitioners, and some had only recently finished undergraduate studies.
What I found interesting was the challenge of bridging the gap between theory and practice for students. I find teaching about subjects without using practical real-life examples, to be almost impossible. Similarly, because many of the students were practitioners, they were keen to see how the legal principles applied in real-world contexts. That meant lectures and tutorials were full of real-life examples and we had some engaging discussions about the commercial realities of the concepts we were discussing.
Teaching in an international setting also allowed me to learn a great deal about how legal systems operate in other jurisdictions. The cross-cultural exchange of ideas made the teaching experience really enjoyable for me and I hope, likewise, for my students. It’s always rewarding to see students develop their own critical thinking, and I felt fortunate to play a small role in that.
8. What are the three things you wish solicitors would do when instructing Counsel?
First, a good instruction letter is worth its weight in gold. It’s rare these days to see a fuller letter of instruction. It’s common to get a link to a file-sharing platform (sometimes with vast amounts of documents) with only a quick note of what requires to be done. But a set of instructions which tells me what is required, which documents are the most important to look at, explains the factual background and tells me of any deadlines, is a sight for sore eyes.
A letter of instruction doesn’t have to be lengthy but by including these things, it helps me to turn around work quicker when I have all the necessary information/documentation to hand instead of wading through the papers.
Second, I would stress the importance of early involvement. Involving Counsel at an earlier stage - whether for advice on strategy, drafting, or even informal discussions - can often prevent problems down the line and ensures a more cohesive approach to the case. Working to address problems before they arise is one of the ways we can help clients nip any potential disputes in the bud and prevent disputes from escalating further.
Finally, communication is key. Keeping Counsel informed of any updates, deadlines, changes in instructions, or adjustments in the case is important for proper collaboration and diary management. In litigation things, can move glacially or really quickly. From experience, there tends not to be much in between (and it tends to be the former not the latter!). Ultimately, solicitors and Counsel work best as a team when everyone is on the same page, and good communication ensures that’s always the case.
9. Could you please give some words of advice to a solicitor who is considering joining the Bar?
My advice would be to approach the transition with an open mind and a willingness to adapt. Life at the Bar is quite different from practice as a solicitor - it’s more independent, the work is incredibly interesting, but it also comes with a significant amount of personal responsibility.
The key is to prepare yourself for the demands of devilling and the shift in focus from client management to pure advocacy and legal analysis. Working on honing your skills in drafting and oral presentation can be daunting; but these are the bread and butter of an Advocate’s practice. Devilling is a wonderful springboard, but after you call to the Bar, you will be entirely self-reliant. There’s no safety net of a firm structure or a team of colleagues to share the workload - success depends on your ability to organize your time, maintain discipline, and seek out opportunities.
This independence is both challenging and rewarding. It gives you the freedom to carve out a career that reflects your interests and strengths, but it also means you must have the determination to persevere, particularly in the early stages when building a reputation and securing instructions.
Another important aspect is building relationships. The Scottish Bar is a smaller, close-knit community, and establishing good working relationships with colleagues and solicitors will go a long way in building your practice and obtaining repeat instructions from agents who are satisfied with your work.
Finally, don’t underestimate the challenge of starting over. While your experience as a solicitor will undoubtedly give you an edge, transitioning to the Bar is a new chapter that requires a willingness to learn. That said, it’s an incredibly rewarding career for those who enjoy advocacy and problem-solving at the highest level. If you’re passionate about it, the effort is well worth it.
There has not been a single day where I have regretted making the move.
Thank you for speaking with me and I wish you all the best in your career.
Written by Ahsan Mustafa, solicitor at Aberdein Considine