HOW TO USE A BARRISTER

+ FOR CLIENTS

+ FOR SOLICITORS

+ FOR IN-HOUSE LAWYERS

What is a BARRISTER?

A barrister is a lawyer who specialises in resolving disputes. 

A barrister can assist you at all stages of the dispute resolution process. They can:

• provide preliminary advice before a dispute arises;
• negotiate to resolve a dispute before it gets to Court; and
• appear on your behalf if Court proceedings are lodged. 

As a civil and regulatory barrister, I specialise in resolving:

• commercial disputes – for example contractual/shareholder disputes, liquidation proceedings and property issues;
• insurance matters – for example professional indemnity or property insurance claims;
• health and safety matters – for example investigations or prosecutions brought by WorkSafe, Maritime NZ and the Civil Aviation Authority;
• disputes or issues arising with the Commerce Commission – for example investigations or prosecutions under the Fair Trading Act, Credit Contracts and Consumer Finance Act and the Commerce Act; and
• disputes arising with other financial regulators including the Serious Fraud Office and the Financial Markets Authority – for example allegations of serious fraud or breach of directors’ duties.

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HOW TO USE A BARRISTER  -  FOR CLIENTS

Traditionally, a barrister had to be instructed by a solicitor and had little if any contact with the client.  Today barristers often deal directly with clients.   This provides you with direct access to a specialist and can be a cost-effective method of resolving your dispute or obtaining advice.  

If you have a dispute or need some preliminary advice, get in touch. I am happy to have a preliminary chat with you about the matter (at no cost) and can advise you whether I can help, or if not, I will be able to recommend someone who can.   

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HOW TO USE A BARRISTER  -  FOR SOLICITORS

Why should a solicitor use a barrister?  There are many good reasons for doing so:

• Barristers are specialists - Barristers are specialist litigators. They can assist solicitors and their clients with all aspects of the dispute resolution process from initial advisory work through to Court appearances, and can do so efficiently and effectively.
• Barristers provide second opinions - Even for experienced solicitors, situations may arise where it is useful to obtain a second opinion on a particular issue. It may be complex, outside of the solicitor’s particular expertise and/or significant reliance is to be placed on the advice.  A barrister provides not just expertise but independence and objectivity.
• Barristers can alter client perception – Instructing a barrister brings a fresh perspective to an issue, and second opinion from one can often be effective in changing a client’s perception. Whether it is because the same message is coming from an objective source, or simply because it is adding to the volume of what a solicitor has already said, the frequent reality is that the message gets through.  Because a barrister generally does not have the ongoing relationship with a client that their solicitor does (because they are instructed by the solicitor rather than the client), barristers are free to ask the difficult questions, or to ask them in a manner different to that asked by the solicitor.
• Barristers can help solicitors manage their work - Few busy litigation practices can succeed without the assistance of barristers.  Barristers can be instructed on an ad hoc basis and often at short notice.  They can appear at times when a solicitor cannot be at court personally, or it would uneconomic for them to do so. 

I am happy to have a preliminary chat with you about any matter (at no cost) and can advise you whether I can help, or if not, I will be able to recommend someone who can.   

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HOW TO USE A BARRISTER  -  FOR IN-HOUSE LAWYERS

In-house lawyers often have one or even a panel of external law firms engaged to assist with legal matters as they arise. So why should an in-house lawyer use a barrister?

• Barristers are specialists - Barristers are specialist litigators.  They have extensive advocacy and dispute resolution experience.  That means they can assist your organisation efficiently and effectively with all aspects of the dispute resolution process from initial advisory work through to appearing at trial.
• Barristers are cost-effective – Briefing a barrister can help you manage your legal budget.  Barristers have lower overheads than law firms and as a result usually have lower charge-out rates than solicitors of equivalent experience.  They are also experts in their fields of practice, so are often able to provide advice with less ‘learning on the job’ than occurs in law firms.
• Barristers can be briefed directly – Barristers can now be briefed directly and this means, from a practical perspective, in-house counsel can deal with barristers directly.  This is efficient and cost effective.  If an instructing solicitor is ultimately required because a matter progresses to court, the cost will generally be minimal and the in-house counsel’s day-to-day contact can remain with the barrister.
• Barristers can assist with a variety of work – Traditionally, a barrister is often thought of simply as a specialist advocate brought in at latter stages of a dispute to appear in Court.  Barristers still fill that role effectively.  However barristers are also able to provide a variety of legal services to in-house counsel at earlier stages of proceedings and on non-contentious matters.  For example:
  • a barrister can provide practical advice (informed by their actual experience) about process and strategy involved in and likely outcomes of different litigation strategies. 
  • They can also provide legal advice on issues arising in relation to a particular business.

I am happy to have a preliminary chat with you about any matter (at no cost) and can advise you whether I can help, or if not, I will be able to recommend someone who can.  

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+ GET IN TOUCH