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Let’s represent an individual’s aptitude to the Bar as a number between 1 and 100 (1 being low and 100 being high).

Consider individuals A and B.

A had a privileged start in life. He thus started out at 60. Following education and training, he has now risen to 90.

B had a disastrous start. He was only 10 at the beginning. However, he has now risen to 60.

This sort of hiring nonsense suggests that Chambers should prefer B, since his ‘rise’ is higher. Effectively, his achievements mean more, given his poor start.

However, this misses the fact that A is still the objectively better candidate. Accordingly, chambers that prefer B candidates over A candidates will lose out over time as clients simply flock to the better barristers.

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