When to instruct a Barrister

 

There are many different circumstances in which you will wish to consult a Barrister, but these can be reduced to four broad categories: (a) non-contentious matters, i.e. where there is no argument, but some legal task must be carried out; (b) civil disputes (c) matrimonial disputes and (d) criminal proceedings. We look briefly at each in turn.

 

Non-contentious matters

 

Examples of non-contentious matters range from buying a house or making a will, or creating a company. What all these things have in common is the special importance attached by the community to what you are proposing to do. Because of that importance, certain formalities are required, which usually mean you will need to instruct a solicitor. Generally speaking there will be no argument or contest; merely the requirement to complete the required formalities to achieve whatever result is intended. For example, the sale and purchase of land involves such a substantial investment that extra care and formalities are required over and above, say, the sale and purchase of a piece of jewellery. For all these non-contentious matters you would normally simply instruct a solicitor when the need arises. If there is some unusual or complex aspect to what you are proposing to do, the solicitor may, in turn, instruct a Barrister practising in Civil disputes to advise on that particular aspect, but in most cases this will not be necessary.

 

Civil disputes

 

The typical set of circumstances in which you will want to consult a Barrister is where you have a civil dispute, i.e. a contentious matter. This can range from an injury or accident to an argument over a trade debt of just a few thousand pounds to a very substantial contractual dispute involving many hundreds of thousands pounds. Another possibility is that you have a complaint concerning how you have been treated by a public authority; e.g. a council or central government. It is more difficult to know when precisely to go to your Barrister in this context. In an ideal world we would all settle our differences fairly and reasonably, doing the least possible harm to each other’s interests consistent with our own rights and expectations. Unfortunately we do not live in an ideal world. If you are confident that you know what your rights and obligations are in any given situation, or if the matter is not of the greatest significance, then you may well be able to resolve matters for yourself. Common sense will very often be your guide. If you are in doubt as to your rights and obligations then it is a good idea to consult a Barrister. One of the best uses that can be made of a Barrister is to seek advice at an early stage in a dispute, in order to obtain a neutral view of the merits (i.e. the strengths and weaknesses) of your position, the nature of your rights and obligations and how best to proceed to resolve the dispute. Half an hour with a Barrister early on may save considerable grief and expense later. This is one of the most effective ways of all in which to use a Barrister and is very cost effective also. It can sometimes be the legal equivalent of a stitch in time saving nine. For example, you may have a dispute over a contract, it might be a building contract, the purchase of a car or an employment dispute. You can discuss with your Barrister the various options that you have and the possible consequences. A letter from a lawyer might achieve what you cannot alone; equally there will be times when you will not want the other party to know that you have consulted a lawyer. Here the Barrister can draft a letter for you to send or simply advise you as to how to proceed. Bear in mind that there are time limits for bringing claims in courts and tribunals. In the case of some types of claim, particularly employment disputes and challenges to the decisions of public bodies, the time limit may be only be a few months. If you want the court to make a discretionary order that a party to do something or not do something, for example to cease building work (rather than simply awarding compensation) you are more likely to be granted the order if you bring the matter before the court before too much building work has already been done, so, even if you hope to resolve matters yourself, you should, at the same time, ask a Barrister to advise how long you have got before you have to consider making a legal claim.

Civil disputes also include disputes in the wider family such as disputes between adult brothers/sisters about matters such as inheritance and property rights. For matrimonial disputes, and questions about under age children (whether their parents are married or not) see below.  

 

Matrimonial Disputes

 

You will very often wish to consult a solicitor if your marriage breaks down or any other serious issue arises in respect of family relationships or children.  Included here would also be care proceedings or anything else concerning family rights and responsibilities which is of concern to you.  This does not necessarily mean that a Court will be the best place in which to resolve such issues.  There is increasing use of alternative means such as mediation.  Parties to family disputes above all are encouraged to settle their differences as amicably as may be possible in order to save costs and emotional harm to themselves, their former partners and their children.

 

Criminal proceedings

 

A society creates all manner of rules for its members. When those rules are particularly important for the good government of a community, they have to be enforced. Societies enforce rules by creating penalties for their breach. This is the essence of criminal law; a rule made by society which must be respected by the member of that society or else face a penalty. Criminal offences range from very modest offences which are not truly criminal in the popular sense of the word (the parking ticket is the best example), to crimes of the utmost severity, such as murder. Typically, the more modest the offence, the less likely it is that any particular state of mind is required at the material time. It is enough if the facts comprising the offence are proved by the prosecution. By contrast, the more serious an offence is, the more likely it will have to be proved that what was done was intended. In all criminal proceedings it is for the prosecutor to prove the case beyond a reasonable doubt or, in other words, so that the Court is sure of the guilt of the defendant. Whether you need a Barrister or not for a criminal matter very much depends on the seriousness of the case. It is unlikely that you will want a Barrister for trivial matters where the worst you face is a modest financial penalty, and where the alleged offence does not involve any imputation on your character which might have future repercussions in terms of, for example, your ability to get a job. Again common sense will guide you. If in doubt consult a Barrister. There is often rather more to a criminal offence than you might expect; for example theft is (a) the dishonest appropriation of (b) property (c) belonging to another with (d) the intention of (e) permanently depriving the other of it. There are five quite separate elements to be established before the crime of theft is made out. A Barrister will help you to understand whether you have committed an offence or not, whether you have a defence and how to deal with the matter generally. A Barrister can assist you in Court, whether to contest the charge in a trial or to make a plea in mitigation of sentence on your behalf.

This page was lasted updated in August 2011. Disclaimer