instruct a barrister
Once you have found a barrister you would like to instruct (not found one yet? click here), the next stage is to contact the barrister's clerk (or the barrister, if he or she does not have a clerk). Before you do this, it is advisable to check that you:
(1) have familiarised yourself with how Public Access works;
(2) know what work you are looking for the barrister to do;
(3) if you have a deadline for when work needs to be completed by, you have this date to hand;
(4) have ready a brief description of the legal problem.
(5) have a rough idea of what your budget. For more info on paying a barrister, click here.
The barrister's clerk will put your enquiry before the relevant barrister. The barrister may wish to see the papers in the case before confirming that he or she can take on the case. There may be a fee for this preliminary reading of the papers. Alternatively, the barrister may wish to meet you to discuss the case before confirming he or she will accept your instructions. Much will depend on the nature of the case. The barrister's clerk (or the barrister) will discuss these matters with you. For further information, click here.
If the barrister agrees to take on your case, it is likely that he or she will ask you to send in all the relevant papers. Below is an explanation of how to prepare your papers and an 'Instructions to Counsel' document for the barrister.
INSTRUCTING A BARRISTER: PREPARING THE DOCUMENTS
When you instruct a barrister to do work (whether advising, drafting paperwork, or representing someone in court) this is known as ‘instructing counsel’ or ‘briefing counsel’. These terms are interchangeable.
When instructing a barrister, unless the matter is urgent, it is normal for the barrister to receive a document known as ‘Instructions to Counsel’ or ‘Brief’. Traditionally, this has been a document prepared by a solicitor for the barrister which aimed to set out in summary form what the case was about, what documents were being provided to the barrister, and what the barrister was being asked to do and by when.
You do not have to prepare a 'Instructions to Counsel' document but it can help your case get off to a good start if you do. Sometimes you may only need to prepare a covering letter.
To help you put together a ‘Instructions to Counsel’ document should you want to, we have prepared for you:
(1) a step by step guide to putting together an ‘Instructions to Counsel’;
(2) A sample 'Instructions to Counsel' - so you can get a feel for what needs to be included and what you will need to prepare.
(3) A template ‘Instructions to Counsel’ (Word Doc) - so that the basic layout/presentation is already completed for you. Feel free to adopt the template, filling in the gaps as needed;
(4) A template Backsheet (Word Doc) - so that the basic layout/presentation is already completed for you (not sure what a Backsheet is? Goto the step by step guide to putting together an ‘Instructions to Counsel’ and scroll down to the bottom section)
(5) A template covering letter (Word Doc) - to place at the top your papers. Simply fill in the gaps as necessary.
Before you look at the step by step Instructions to Counsel Guide, have a look at the sample set of Instructions and templates. You may find it helpful to print them out so you can use them to help you understand the guide.
One thing to note, each set of Instructions to Counsel will be different because each factual situation will be different. Use the sample Instructions to Counsel to give you a general idea of the style of a set of Instructions, but you should not feel constrained to follow it too closely.
Under the 'Instructions to Counsel' document you should include copies of all relevant documents. Do not send originals. Barristers will find it very helpful if you put your papers in a ring binder and in a chronological order. You should also make sure that you include your contact details. Further information can be found in the 'Instructions to Counsel' step by step guide.
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