DL can have a go for you.

As above, there is no direct scheme for family law barristers, to protect the client.

In terms of representing you, you are not going to like the answer much as it does seem a bit cold. The client isnt what we focus on - that is not what we are trained to do. We focus on the evidence and the law and that is it - to be honest, we can do your case without ever meeting you. Our job is to apply the law to the facts of the case and give you what we consider is the answer. We dont need to hold your hand - that is your solicitor's job.

In terms of how we go to court having had your papers for a short time, again that is what we are trained to do. Your solicitor has only had the file for a long time becasue they have been collating the information. We get it when it has been collated.

In terms of whether a solicitor should represent you or a barrister, well, that is up to you, but a solicitor is trained to do the office/client side of things. A barrister is trained in advocacy and law. The two ae completely different jobs, and completely different skill sets. Obviously I am biased as to who is better to represent you in court, but I can honestly say that I do not think I have ever come across a solicitor that I consider to be as good an advocate as a barrister...oh and perhaps I should tell you that those solicitors who do find themselves enjoying the advocacy side of things tend by and large to requalify as barristers and move over to the bar.

Amanda

Thanks DL.

My question was more along the lines of- maybe the solicitor would not pass on some information surrounding the bare bones of the case, that the client deemed relevant/ important to their own interpretation of events.

It seems that is a common reason- apart from running out of money- for wanting to self-rep. Some of us want to make sure our voice is heard in exactly the way we see things. Inevitably, if one decides to give control over to someone else to act for you, there will be a risk that things may be interpreted differently, or left out, which may leave the client feeling frustrated and let down.

Of course, at the end of the day, you have to trust your solicitor to present your case to the barrister complete with your interpretation about various matters. Or maybe thats not how it happens.I'm just unsure, given your reply, what happens next.If its all that impersonal- If its only a strict interpretation of the law that is argued- and maybe Im missing something here- maybe we should just be able to send the details through the post to the court, and wait for their reply!

Im not after hand holding with a barrister or a solicitor, actually. Just a bit of a feeling that my case is not just another number.

Amanda,
Your post was so interesting and answered some of my questions and thoughts on what is going on with us at the moment.

Is it then, when the barrister has pulled all the evidence together, applied the law and written back to the solicitor,(16 pages) the solicitor then writes to the 'other side' detailing all findings in a letter written by them?

When a barrister uses 'spurious and grim' is that a good sign that he thinks the other side will realise that there will not be much point in going back to court?

The barristers findings, if that is what you call it? does agree with our solicitors, that a court order cannot be varied, other than extreme circumstances, the other side seem to be reading something totally different!!

All interesting though.
zara

Hi Zara

What you have had is an opinion aka an advice. Your sol is likely to summarise it in writing to the other party - but there is nothing stopping the other party seeking their own opinion, which of course may differ. That is the problem with law - we interpret it and advise ­base­d on that interpretation, but a judge can have his own interpretation and prefer that.

Constanza
I wasnt referring to literal handholding, I mean in terms of someone who you can contact throughout the proceedings which you cannot do with a barrister simply because we are not office ­base­d.

In terms of the solicitor telling the barrister your interpretation etc, what happens is when the barrister receives the papers the solicitor has written a precis of the case and your point of view, which is called the instructions. However, quite often the client's interpretation of the case is not helpful, as especially in family cases there is a lot of emotion involved. It is not rare for clients to not like their barrister and think they are cold, because we have to sweep away those emotions and interpretations and focus on putting the relevant facts to the judge - and what is relevant is ­base­d on what helps you to get to the conclusion you seek or have been advised is acheivable.

Amanda

Amanda

Thank you. Once you have an idea of what is going on it does make it a lot easier to understand. Appreciated.
I would think that once a judge has made his decision and had it 'stamped' he would not me minded to change it.
Well at least that is what I am hoping for!!

Just have to wait and see if 'the other side' feel confident enough to take it back to court.


Cheers. I understand it all a lot more now

Zara