Time with a barrister before a case

backwards_man

For a family law case, how much time would it be usual to spend with a barrister before appearing at court. For reference a friend had 2 hours with her barrister before a very complicated case that has been with solicitors for 2 years and has only now come to court, She felt that the barrister had not grasped the details of the case and didnt advocate on her behalf instead acted as though she believed the lies that the other party told, as fact with no supporting documentation and accepted those facts as a basis for trying to settle the case, which my friend turned down. I say "her barrister" but the process seems to be its the solicitor's barrister, as in my friend didnt get to chose the barrister, the solicitor did. I have never been to court so I know nothing of how the process works. But it seems frustrating not to be able to pick your own barrister or spend much time with them before appearing in court. Through out the whole process she has been detailing everything to the solicitor, not the barrister, and only got two hours to present her details before the court appearance.

Sleeper12

I've heard of Barristers having 10 minutes with a client before a case. I always assumed that they got the relevant information from junior council and not directly from the client.

I'm not in the legal profession. I have always just assumed that this is the case

macvin

A solicitor will normally select the barrister based on several things including experience, cost and reputation.

Complexity of the case also comes into it, but what you might think is complex is probably not to a barrister.

Certainly in my few dealings over the years on various business items, I'd have a briefing months ahead but updates would always be via the solicitor and the next meeting would be at the court if it has not been settled beforehand.

In the op case the barrister would most likely have had the full file for several weeks and would take a lot of information and direction from the solicitor

backwards_man

In this case the solicitor works alone (not part of a firm) and only deals with one barrister apparently. She has had two years of detailed meetings with my friend and knows that the other party has continued to defy court direction on maintenance and producing accounts and is hiding assets, blatantly. Yet the barrister took his word on net worth and tried to convince my friend to settle for pennies on a multi year payment plan despite previous orders for maintenance being ignored by the other party. My friend knows her husbands net worth but her barrister does not seem interested in the details.

Is a barrister paid by the hour? Can you ask for more facetime with them to prep?

Claw Hammer

The problem is the solicitor. If the barrister is not doing their job it is either because they were not properly briefed or they are incompetent and shouldn't have been briefed in the first place.

Creol1

I know very little about family law but from my understanding of the legal profession 2 hours is quite a lot with a barrister. You are absolutely correct about the barrister working for the solicitor rather than you. Barristers aren't allowed be instructed directly by a client. That said, the solicitor is supposed to be working for you so it shouldn't make much difference in practice!

Donald Trump

https://www.boards.ie/discussion/comment/119057899#Comment_119057899

Except for some direct access schemes which wouldn't be applicable for family law.

Solicitor instructs barrister. His lack of knowledge is nothing to do with being his friend - the solicitor obviously didn't give him a proper brief. I think that it would not be unheard of for a barrister to be handed a last minute brief either.

Barrister has a dual responsibility towards the client but also towards the court. He may have decided not to contest points that your buddy was adamant should be contested as the barrister might have felt they were a lost cause and better to concentrate on another part of it.

maestroamado

https://www.boards.ie/discussion/2058245628/time-with-a-barrister-before-a-case

There is no such thing as family law as far as i know... its really about bartering and the court rules on what the parties have agreed... It seems the legal people decided among themselves what be fair amount and worked towards that end... i expect there is kindof normal figure for most people and thats how the work...Its a game and as long as the legal people get paid the longer the game goes the more they win...

cml387

I wonder what people's reactions would be if a medical specialist wasn't able to talk directly to the patient, but could only communicate via the GP?