HOW TO APPOINT A BARRISTER

Most of us don't imagine and certainly don't plan to end up in a legal dispute or to have some Private matter that requires legal attention. In such a situation the vast majority of us would simply go to the nearest directory and find the nearest solicitor and book an appointment. Only a few of us would consider checking for a specialist solicitor, one that deals primarily or specifically in the field of law that surrounds your matter that requires attention.

So you can see how simply going to the nearest solicitor may not be the most appropriate solution for you. Not only does that not guarantee that the firm is adequate to deal with your problem properly, but moreover, very often that solicitor will seek the expertise of a barrister with adequate knowledge and expertise in your particular area of need to obtain the best, most specific advice you require. Not only can any solicitor approach any barrister, which removes the need for you to have a local solicitor, but you are in fact able to approach the barrister directly yourself through his or her chambers. Providing the barrister is direct access qualified, he or she are permitted by the bar council to act for you directly without the need to involve a solicitor.

What this means for you is that you can cut out one potentially unnecessary step and of course bill for your solicitor by obtaining the expert advice directly from the barrister.

So how do you go about doing this? Many people, and many solicitors in fact feel that there is this a barrier to communication with a barrister. This has come about through many years of respect for the barrister having rights of audience in the UK courts. Now whilst it is still very important to show a high degree of respect to the barrister and their profession, they do in fact encourage you to submit your request for advice to them via their chambers. Many barristers will in fact speak to you directly without the need to go through one of their clerks, they will make this clear to use on your on your very first dealings with them.

Instructing a barrister therefore is no more difficult than instructing a solicitor. Barristers work out of offices that are known as 'chambers' which is where they will conduct many of them conferences, research, and often work out of as a base. However many of them also work remotely, from home or whilst travelling up and down the UK in between court hearings and trials etc

The main differences to bear in mind when instructing a barrister directly as opposed to a solicitor, are as follows;

A solicitor will be on what is known as a 'formal retainer', whereas a barrister will discuss with you the specific advice required, or conference/representation required, and will issue you with a 'client care letter' detailing exactly what they will do, What advice they will provide, and, most enforcedly, fixed CDs or fee structure in relation to this work. This means you will have a much clearer idea of what you will pay for the advice. This differs to most solicitors, in the fact that they will usually build new after work has been carried out according to how many hours 'on the clock' it has taken the solicitor.

A barrister will usually only charge you for these specific number of hours that they believe it will take them to provide the advice, whereas solicitors will charge you for a large number of ancillary charges such as ALL phone calls made or received between them and you, between them and any third party on your behalf, and with any authority such as courts etc. They will also charge a minimum of six minutes for all emails sent or received (Including sending read receipts!), paperwork printing, and then total them up into a number of hours that has been taken and add these to the bill at their full hourly rate.

In summary, approaching a barrister is just as straightforward if not easier than approaching a solicitor, and also although many people may believe the barrister to be more expensive, a solicitor can prove to be just as expensive and often unnecessary when obtaining your advice.

Please bear in mind however that solicitors do provide an important role and fulfil many paperwork requirements that a barrister will not always undertake, although your barrister will discuss with you which aspects of work they are prepared to take care of.

Author:

Daniel J ShenSmith

ShenSmith Barristers