Barrister or solicitor?

Nicki

Oops Poodlecrazy and I crossposted! Great minds think alike

milkfloatquack

Barristers are very used and very good at assimilating amazing amounts of information about a case at very short notice. And as other posters have said, they have huge amounts of experience at speaking in Court. So I agree that there is no need to be concerned that a barrister is dealing with the hearing. You may want to double check (assuming you aren't fully legally aided) whether you will be paying any more for the barrister than you would have done if your solicitor had dealt with the hearing.

Best wishes.

MXW

milkfloatquack wrote: »

Barristers are very used and very good at assimilating amazing amounts of information about a case at very short notice. And as other posters have said, they have huge amounts of experience at speaking in Court. So I agree that there is no need to be concerned that a barrister is dealing with the hearing. You may want to double check (assuming you aren't fully legally aided) whether you will be paying any more for the barrister than you would have done if your solicitor had dealt with the hearing.

Best wishes.

Yes that was a concern,more so as it is my dad who is footing the bill for this (for a third time) and can ill afford to pay for it. I have telephoned my solicitor today and left him a message to ring me back regarding this. Thanks for your reply x

that's_another_fine_mess!

I agree that a barrister is more experienced in court and it is quite normal for a solicitor to prepare a case and a barrister to present it (check your costs though, as barrister's don't come cheap) BUT see whether you can spend an hour or two before the hearing so that he's up to speed. i attended an important court hearing in connection with my job and, although I knew my evidence was right and honest, the opposition was so qualified in his field and reputed to be bullying towards witnesses that I was convinced I would lose. I met our barrister the day before, went over the evidence which really calmed my nerves and gave me a chance to explain our case- especially the things which hadn't come up with my solicitor, and was able to answer his increasingly aggressive questions confidently because i knew what I was saying was the truth. It soon became apparent that the opposition hadn't bothered to discuss their case properly and their barrister tripped himself up so that we won. Stay calm, I'm sure you'll be fine!

Hotspur

We (at work) regularly employ barristers in criminal cases and it is common for a barrister to come to court after reading the brief only the day before the trial. I don't remember an instance where our barrister has failed to present our evidence to the court in the best possible way or been unable to find the errors in the defence case. Assuming your solicitor has employed a barister knowledgable in family law I wouldn't be alarmed that he/she hasn't been involved all along. As said above if you get the opportunity to meet with the barrister before the day then do so however, a short discussion before the hearing isn't unusual.

Good luck.

loveandlight

It is also good practice to have someone else from your solicitors office to sit behind your barrister taking notes of the hearing. As it is a matrimonial matter, I would expect at the very least that your barrister would want to meet with you beforehand. Either before the court date or before the actual hearing, to (a) get to know you a little bit and (b) fill in any gaps in his/her brief ( background on your case).

To be honest, unless a solicitor was very experienced in advocacy, I would want a barrister representing me every time. I say that with 28 years of litigation experience behind me!! I always instruct barristers, as I feel that way, I am giving my clients the best possible chance of success. Don't worry, you'll be absolutely fine. Good luck.

MXW

I would like to say a big thank you to everyone who has taken the time to post replys. I can't deny I am very nervous about the hearing and my solicitor has done his very best for me and assured me that everything will be fine (as much as you can say that.) However, the bomb shell that he won't be representing me on the day really knocked me for six. After all the comments I have had, I can sleep easy tonight knowing that I am in the best position having a barrister representing me. Once again thank you for your postings. x

NAR

MXW, I had a barrister represent me and he was well known to the judge (as often in matrimonial court). He put over my case brilliantly and tied my ex in knots over lies being exposed and non revelation of what finances were being spent on. I'm sure you will be charged extra, but it will be worth it. As someone else posted you may find that the judge awards some of your costs to the other party.

Loretta

In court yu can feel nervous, overwhelmed and anxious but you will be telling the truth which is always easier. Your ex, whatever you think will be feeling anxious as well he has a lot to lose and on top of that he has to lie too!!

NAR wrote: »

MXW, I had a barrister represent me and he was well known to the judge (as often in matrimonial court). He put over my case brilliantly and tied my ex in knots over lies being exposed and non revelation of what finances were being spent on. I'm sure you will be charged extra, but it will be worth it. As someone else posted you may find that the judge awards some of your costs to the other party.

eira

I admit to being totally cynical re this.My ex wasn't just well off but was married to the 'other party' when we got divorced. He hid the lot-and got away with it. I was left with all the remaining matrimonial debts, no permanent job, two kids (one of whom was disabled). The divorce went through without any of the scraps I was allocated secured-I never got them. He too didn't pay maintenance reliably increasing the debts I was liable for. The barrister made it quite clear that the case was small potatoes and he was used to big time stuff. Am now trying to sort the mess out myself.

Now I would arm myself with a full financial breakdown of both sides done by a financial advisor. I would have the maintenance paid via some authority-not rely on the ex to do it voluntarily. The worst aspect was that I was frantic and desperate whereas ex was well off and serence having planned it all previously. His partner cleaned her ex out to a tune in excess of £300000 and ruined him. There were no children involved and this was her second profitable divorce. Telling lies in court is easy-you just ensure you get a different judge every time.

I wish you all the very best-you can win in court, but I trusted my solicitor and wish now I had never seen her. The barrister was a pompous nightmare. Watch your back and arm yourself with information so that you know as much about your situation as possible.

Divorce is not pleasant but poverty makes it worse . Thinking of you and wishing you well