Can I find a barrister to work pro bono?

[dashoflime78]

My abusive ExP applied to the family courts for shared residency/contact of our 2 children. I am scared for the safety of our children. I have exhausted my savings, borrowed from family and taken out credit cards to pay a solicitor for the last 12 months and a barrister to represent me at 3 hearings. We are now at a crucial stage in the proceedings and I have simply ran out of money.

I am petrified by the prospect of self representing at the next hearing which is to be a fact finding. I will come face to face with my ex (for which I have a restraining ordering place) and be required to cross examine him in relation to sexual abuse and violence against me. I just can't do it. I'm more afraid of having to engage with him, than I am of being cross examined by his legal team (funded by his wealthy parents).

Though I have significant evidence to support my case, I am worried things could all fall apart if I'm not legally represented. Counsel representing me at the last hearing did an amazing job and really turned the case around to ensure the children are protected in the interim and all avenues are investigated at the next hearing, however her fee for the FF hearing will be £5k and that's without solicitors fees.

The case involves criminal convictions (on exp's part) social service investigations, confusing cafcass reports, all of which add weight to my case, but at the same time make the case more complex.

I'm considering approaching some chambers to see if someone would take on my case pro bono. Am I being naive to think that a barrister would want to do this? Is it bad form to approach the chambers direct?

If anyone has advice I'd really appreciate it.

[NanaNina]

I doubt very much that you would find a barrister to act for you for free. It is shocking that legal aid has been withdrawn for these private law cases. There is an excellent family law barrister on MN whose nickname is Spero - you could put a call out for her, and ask - nothing ventured, nothing gained. The worst that can happen is that she will say "sorry but No" - there is someone else nicknamed "babybarrister" so you could try her too.

[dashoflime78]

Thanks Nana, I will certainly seek them out. I agree, it's terribly unfair that legal aid has been scrapped.

ExP is taking me to court as another way to control me. It's so sad because I don't believe he has the children's interests at heart, it's all a game to him.

[nomoretether]

You have a restraining order? Was there domestic violence? That is a valid reason for getting legal aid.

Alternatively, you could consider a McKenzie Friend - they can't always speak for you in court but they can ask for permission from the judge.

[NanaNina]

Oh nomoretether is right - if you can prove there was domestic violence occurred (and this can be emotional abuse- doesn't have to be cuts and bruises) you should be able to get legal aid. Mind I somehow have a feeling that it might not be that easy given that this govt want to slash all public service budgets, but it's definitely worth a try.

[Collaborate]

Legal aid is still means tested (a very stingy test too) so DV only means you've passed one hurdle.

[dashoflime78]

Yes there was DV, but collaborate you're right it's means tested and my salary is above the threshold. The fact both children are in full time childcare and ex hasn't paid me a penny towards them seems irrelevant to the new legal aid rules too.

I'm now doing all of the filing of evidence and Scott schedule myself to keep the solicitors costs down. I Even managed to paginate the bundle and index it correctly with a bit of research! It's just the lack of representation in court I'm struggling with.

[Lilymaid]

Have you contacted the Bar Pro Bono Unit? If they think that you can be helped they circularise very brief details to chambers to see who could take on the work.

[MooseBeTimeForSpring]

Does your Barrister do Direct Access work? You could Instruct them directly and not use the Solicitor?

[dashoflime78]

Lilymaid thank you. I'll contact the bar pro bono unit tomorrow, it's certainly worth a try!

Perhaps a newly qualified barrister will consider taking on my case? Legal aid cuts have impacted workload, so perhaps there may be someone eager and willing with spare capacity? It feels so wrong to ask though, given their years of professional training. It's all just so unfair.

My solicitor was quite helpful and suggested I ask the chambers that represented me; she would be inclined to refer more work their way if the agreed but sadly they didn't.

[dashoflime78]

Babybarrister, sorry cross post. Yes did try that route, but unfortunately it was a no, which is a shame because she was a very good barrister.

Moose, the chambers only take instruction via a solicitor. They're also London based so probably a bit pricey.

[Spero]

We have some advice on the CPR site here

www.childprotectionresource.org.uk/what-if-i-dont-have-a-lawyer/

Bar pro bono unit good but I don't think you can self refer, needs to be via your MP or solicitor I think, but don't quote me on that.

Best bet might be public access barrister who will do it for low rate.

Good luck.

[canyou]

My family member pays his solicitor and barrister a set amount every pay day. He has currently over paid them thanks to a lump sum from the sale of some collectables but continues to pay as he will have to go back to court next month. Would your barrister agree to something like this?

[dashoflime78]

Thanks for the link Spero, it's really useful.

My solicitor has agreed to make the referral to the bar pro bono unit, so thank you lilymaid for the recommendation. I have to send the entire bundle and all court documents by post to tomorrow, so can only hope that someone takes on the case!

If not, I may have to look into a public access barrister or bite the bullet and self rep. I'm doing all the litigation and document filing myself now and starting to see just how strong my case is as ex has tied himself up with so many lies for which I have evidence. His statements is full of contradictions and his lies are getting him into serious trouble. It's the cross examination part that petrifies me.

Canyou, I had been putting money onto account with my solicitor but the barrister requires payment up front which is a shame.

[Spero]

Wen I am instructed by a solicitor in a privately paying case I routinely wait six months to get paid. Record is nearly 3 years.

[TestingTestingWonTooFree]

Certainly worth trying to shop around for an agreed fixed fee.

Pro bono unit are brilliant but very stretched. Their process can take a while as they have to authorise your case as being suitable for assistance on means/merits and then try to identify someone who'll act for you. Worth working out a plan b I think.

[nickynananumbo]

www.barprobono.org.uk/

Good luck x