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Calling all family lawyers - minor practice point

(27 Posts)
mumblechum1 Fri 10-Jun-11 17:10:13

I have a two day final hearing coming up next week on a contact/pr case.

The client wanted a really cheap barrister so have briefed and had a con with someone I haven't used before but seems to know her stuff,has a first from Cambridge etc etc.

Had minor exchange of views with her today because she expected me to file the PD docs (ie chronology, statement of issues, position stmt etc).

Now I've been practicing for quarter of a century (can't believe I'm that old). she's a 2 year call, and have NEVER done that, have always found that counsel runs all that stuff off and hands it in on the dayor maybe the day before.

What's your experience? Am I weird not to be happy to do this, I think it should be included in the fee.

mumblechum1 Fri 10-Jun-11 20:09:33

Come on, you can't ALL be in the pub.

Collaborate Fri 10-Jun-11 23:32:39

No - watching the channel4 comedy gala.

I'd expect to do it TBH. the bundle should be lodged 7 days prior and agreed with the other side. You probably know alot more about the case than your barrister anyway. Some may have an aversion to paperwork too. Perhaps do a draft and send it to her to see if she wants any changes but at 2 years call you have far more experience than her.

mumblechum1 Sat 11-Jun-11 10:07:32

OMG that must mean I've finally been wrong about something....

grin I suppose I'll have to do it then.

mumoverseas Sat 11-Jun-11 10:55:28

um, sorry, but I always did it myself but then I am an over-achiever grin and at least then you know it is done and is accurate. As collaborate says, you know the case inside out and she will be just picking out the salient points for the hearing. <wonders if 1st from cambridge means she has common sense?> very anti cambridge as the bastards rejected DS angry

mumblechum1 Sat 11-Jun-11 11:09:19

Hmm, it's interesting; I asking my colleague who's been practising for as long as me and she's always expected counsel to do it, and when I was talking to my usual counsel (too expensive for this client), he said he always does it as part of the fee.

You're both right, I've been dealing with this case for the best part of two years now so I do know it inside out, it's just the first time counsel's ever expected me to do it.

Cambridge clearly don't deserve your son, MOS, is he still doing Law but somewhere else?

mumoverseas Sat 11-Jun-11 11:18:14

Yes, still law Mumblechum, hopefully at Exeter inshallah (god willing) assuming that the bloody cocked up maths paper a few weeks ago hasn't buggered up his chances of AAA! I feel it will be a very long wait until 18th August when we will know for sure.

Whilst you are here, any suggestions for a name change for me as I'm returning to the UK permanently in 3 weeks and don't want to be misrepresenting myself wink

mumblechum1 Sat 11-Jun-11 11:35:47

Oooh! Will it be nice to be back in the UK? You'll be able to go to Sainsbos in your bikini if you feel like it!

We'll miss GCSE results day - all accom etc booked for us to come back the week before but dh casually mentioned the other day that he'd messed up the flights, so we're just crossing our fingers that ds gets enough As to get back to his current school for 6th form.

I'm crap at names which is why I've had the same one since 2006. (Mumblechum is actually my real name). My lame suggestion would by Mumbackhomeatlast. smile

mumoverseas Sat 11-Jun-11 11:52:02

Can't wait, have served my time here. Only came for 2 years and served 5 1/2, I long for the real world, bacon, alcohol, driving my car etc!

Not sure about bikini, might scare the natives. For a laugh my best friend and I went to one of the souks last week and I bought the full 'local' outfit which I might wear for a laugh grin saves having to make a decision about what to wear!

I'm sure your DS will get his As. Fingers crossed

Collaborate Sat 11-Jun-11 11:52:10

Mumblechum - I'd always expect counsel to do the skelly. They've got to argue the stuff after all!

mumblechum1 Sat 11-Jun-11 11:54:45

yy, but she said yesterday she's not doing one anyway.

Not sure I'd use her again tbh, the chemistry isn't right.

Collaborate Sat 11-Jun-11 12:10:23

Time to find someone else to do it?

mumoverseas Sat 11-Jun-11 12:11:19

actually yes, collaborate is correct (can't believe I'm admitting a man is right!) I'd normally do everything else but skeleton arguments.

Don't think I'd use her again either, you need to have chemistry. Cheaper isn't necessarily better

oldqueenie Sat 11-Jun-11 12:17:35

err, what did your instructions to her in the brief ask her to do? small but obvious point.... did you send brief and have con in good time to allow her to prepare the pd docs? was this not mentioned at the con?
playing devil's advocate you want to use her because she's cheap, she's pretty much newly qualified but you maybe expected her to do this without clear instructions and won't be wanting to pay her for it in any event.
hmm <bitter family barrister on sabbatical>

mumblechum1 Sat 11-Jun-11 13:50:24

Sent the brief 3 weeks ago, had a con 10 days ago. Didn't specifically ask for PD docs to be done by her, because as I say, on every children act case I've done for over 20yrs, the counsel has done it without discussion.

I'll pay her a bit extra if she wants it, she's charging half of what my usual counsel would do and she does have a good handle on the case.

I live and learn.

oldqueenie Sat 11-Jun-11 16:56:56

brief 3 weeks ahead and con 10 days pre hearing.... bliss! am sure you are lovely instructing solicitor. hope she does a good job for your client.

babybarrister Tue 14-Jun-11 10:36:38

I agree with oldquennie - if you get the stuff enough in advance I would expect to do PD documents - what is bloody annoying is when you get it the night before and nothing has been done ....! grin

mumblechum1 Tue 14-Jun-11 11:38:26

Hmm, case listed for 10am. I haven't gone, client wants to save costs but I got a call (when I was in the gym blush from him to say counsel hasn't turned up. That was 9.45 and he was asking if he should just start the case without her eek!

told him to sit tight, I now have a message timed at 10.25 to say she'd just arrived.

She did do the Position statement in the end and did a reasonably good job.

I agree, if it's an emergency injunctiion or something you can't get the brief off till the last minute, but anything else, esp. when it's been listed months in advance should be briefed 3 weeks before imo to give plenty of time for last minute tweaking and the con at least a week beforehand.

babybarrister Tue 14-Jun-11 12:07:29

I want to be instructed by you then - a con week ahead - luxury!!

mumblechum1 Tue 14-Jun-11 13:53:52

pm me with your chambers details if you're in the Reading/Slough/Oxford area, I'm on the lookout for someone good with around a 10 yr call smile

babybarrister Tue 14-Jun-11 15:26:23

I shall do but I was only joking BTW!

mumoverseas Wed 15-Jun-11 07:33:03

mumblechum I can recommend some very good barristers at Guildford chambers who have regularly travelled to Slough and Reading for me.

mumblechum1 Wed 15-Jun-11 08:12:55

ooh, can you remember any names?

mumoverseas Wed 15-Jun-11 10:05:45

of course, I remember everything, to my husband's despair wink
I used to instruct George Coates who is now head of chambers, lovely man and also Martin Ward who is also lovely. In fact, they are all jolly good chaps. George and Martin obviously very senior. More junior are Dominique Gillan and Christian Mitchell. I'd highly recommend all of them.

Am very excited, am packing and going HOME after 5 years of living in a sandpit. Wonder if I'm still employable?

mumblechum1 Wed 15-Jun-11 10:08:48

Actually, Ijust remembered, I instructed Christian Mitchell about a year ago when I couldn't find anyone at 13 KBW to cover an injunction for me. Never met him but he did a good job so far as I can recall.

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