Do i need a barrister

yeman

Hi
Not sure how the forum works,so please bear with me.
I av a freind who has just found out from her solicitor,her next date for her tribunal,which is less than 10 days away ( good job she asked or she still wouldn't know ) Anyway her solicitor took her on as a no win no fee at 35%. even though she was willing to pay and asked how much an hour etc.
Her solicitor as asked her to confirm and sign for the settlement,which she nothing about, obviously she dosent want to sign as she would rather go to court with the case.The solicitor as said she'd need a barrister which cost 2,000 per day and the hearing is supposedly to be for 3 days (the first hearing was to last 1 day) therefore a barrister is going to cost 6000. The solicitor has said the settlement offer was a good one and she should take it. She has only seen her solicitor twice,the 1st time just after the event ( she was a total mess,breaking down crying etc ) The 2nd time ( not long after and still a mess ) to sign the no win no fee agreement. This is in the last 8 months, she has also done all the work via e-mail and telephone, apart from filling in court forms. Can anyone advise if she does need a barrister for an employment tribunal and what the average cost are ....Thanks, really need some honest,legal advise:mad:

Savvy_Sue

This is honest advice, at least. If a qualified professional gives advice, it's generally a good idea to take it.

If that qualified professional says "this is a good offer, I advise you to accept it", it's a brave person who says "No, I will have My Day In Court, even though I may walk away with nothing to show for it, either because I lose the case or because the costs involved eat up all of the financial award I'm given."

If that qualified professional goes on to say "OK, you can have your day in court, but I can't represent you there, we'd need to get a barrister whose fees will be £2000 per day, and we probably need 3 days, paying these fees is your responsibility if you don't get more than that awarded in court", it's a brave-to-the-point-of-foolishness person who says "I will have My Day In Court."

I can't find on the ACAS site whether your friend would HAVE to be represented by a barrister. Realistically, she doesn't sound as if she could represent herself, and the solicitor is either unable or unwilling to do so.

I'm sure that's not what you want to hear, and it's only my unqualified opinion ...

cazziebo

The Industrial Tribunal programme was designed specifically to keep employment issues out of the courts. There is no requirement for a barrister and many many people represent themselves if they do not have union representation. More and more, people are turning to lawyers when there is no need to. (if it's a complex case or if discrimination is alleged then lawyers can be well worth their fees)

Many employers will offer a settlement not because they believe they will lose, but because the cost in time and money just makes the process not worth it. No win, no fee lawyers know this so they're onto a good thing picking up tribunal cases. If this is a first offer then the lawyer should go back and negotiate you a better deal. On a no win no fee basis, the gains probably aren't worthwhile for doing this.

Is she sure she has a rock solid case? What's the settlement equivalent to (eg 3 months' pay)?

The big settlements that hit the media are very very rare - there may be little to gain from going to a tribunal and she'll still have the lawyer to pay.

dickydonkin

Is your friend happy with the settlement or is she more disappointed that she won't get her day in court?

Based on the post, it seems there has been little or no communication with the parties involved - which was quite the opposite of my wifes experience during her tribunal case.

There was a Barrister involved, however, that was to ascertain the likelihood of success which turned out to be in his opinion at around 70% although the legal fees were paid by our home insurance company and we were able to select a solicitor of our choice who specialised in employment law - not a no win no fee set up.

I suspect this situation has been ongoing for some time and there is now an opportunity to cut and run and draw a line under the episode. Yes - it would be good to have a day in court to ensure that justice is deemed to be done, but a favourable outcome is certainly not guaranteed whereas an offer on the table (IMHO) is a victory in itself.