Court case tomorrow and Barrister not coming

[Divorcequestions]

Posting here for traffic

Friend going through divorce she has suffered emotional and financial abuse as well as domestic violence and sexual assault.

Solicitor promised she would explain what the court proceedings would be about before she went on holiday last Friday and said she hadhired a female barrister. Friend because of the abuse cant speak to men.

Friend was yesterday diagnosed with PTSD and trauma she is also dyslexic and has had a brain injury caused by stbexh running her over and is permanently disabled .

She calls the solicitor at 2 pm today only to find out that the female barrister isn't coming to the court tomorrow so they have hired a male barrister.

Friend is in a state she doesn't know which way to turn.

Anyone know what she can do in this sort of situation. I think friend is near to collapse.

Op post in legal for some advice - poor practise on solicitors behalf - I'm assuming it is first hearing if no form e completed - would possibly recommend she changes solicitors - I had same runaround from my own was E&FA abused - solicitors took advantage of me too - can she get her GP to say not fit for court under circumstances - it's a hellish situation and you really need sols and barristers on your side - it's £££ at the end of the day for them how someone can just turn up with one days notice means no working relationship

So what will she do if the judge is a man?

Contact women’s aid for advice

Like everyone else has said, failing to turn up would be the worst option.

The solicitor with conduct of the case might be away, but the firm should still send someone in her place. Call the firm again, and ask who they are sending down, and for the name and chambers of the barrister instructed (so that you can at least look him up in advance!) If she can't phone, can you? She should also make a complaint to the practice manager about poor communication.

I’m a barrister and my suggestions would be that your friend does not seek to adjourn the case because

A) it’s tomorrow and there probably isn’t time anyway
B) adjourning at such short notice puts her at risk of paying the costs of the adjournment
C) the barrister will have to be paid now come what may so she may as well make use of them (she could argue solicitor should pay but might not be successful).

I sympathise that she was expecting a female barrister and isn’t going to get one. Unfortunately, there is every chance the judge will be a man, the court usher might be a man, the security guard who searches her may be a man. I don’t know how this can be avoided sadly.

Generally solicitors don’t go to court where barristers are going in order to save legal costs. Your friend could ask if a female trainee or someone could go but she may have to pay for them. She could also not discuss matters with her barrister and request to remain out of court but this will hamper his ability to represent her. A female friend to do the talking to the barrister may be her best bet, though it’s not ideal.

Don't take it for granted firm will send someone else - I got persuaded to attend hearing on my own even though I was an emotional wreck - solicitor seems to have left it all last minute if on holiday and not explained process to client - where is her duty of care to client - if this is how sols have started off - take it as an indication of how they will be going forward mine told me they got all the abuse - they didn't give a shit just saw ££££

I am deeply sorry for your friend.

Realistically; your friend needs someone who can go with her tomorrow and accompany her, because if she doesn't go, it will reflect badly on her and it doesn't sound like she needs that.

I completely sympathise that she doesn't want to talk to any men; but perhaps mentally she can attempt to convince herself that this man is in court, and safe, and on her side? And then have a friend or someone from victim support too.

I hope it goes okay for her

If she has just been diagnosed with PTSD how can she be fit for court anyway - her solicitor should be getting it adjourned on her behalf - I have experience of being taken advantage of with MH conditions - her x should agree given her health but bearing in mind Gp he is already abusive sols will be looking to rack up ££££ here anyway

Tell her to contact Witness Services at the court where the case is being held. Her police liaison officer should have the details - actually the police liaison officer should do it for her. She can ask for a female member of WS to support her tomorrow and to be with her when/ if she talks to the barrister and they can accompany her into court if she's giving evidence. They are volunteers who have much experience of dealing with vulnerable and intimated witnesses. Even if she's not going into court to give evidence - they can still support her but she should contact them quickly so they can ensure they have a female on the rota for tomorrow.

Barristers tend not to have a huge amount to do with witnesses/ victims - their job is to to read the case notes and present the evidence in court. But if he does want to speak to her she can at least be supported.

If she has just been diagnosed with PTSD how can she be fit for court anyway - her solicitor should be getting it adjourned on her behalf

I work in a different area of law but the courts don't grant adjournments lightly, especially where the parties are represented.

Is it a family law case? If so, I'm not sure the advice about Witness Service will be applicable.

Onemore my experience in a family court was that I spent a lot of time alone with my barrister (far more than in the court room itself) and apart from a conversation with a cafcass woman, he was the only person I spoke to the whole time I was there.

If she was promised a female barrister and has been let down by the solicitors, then perhaps the best thing to do would be to insist on speaking to a senior partner at the law firm and making a formal complaint

I have had to do this because they didn't know me.

When she tried earlier the person who answered the phone refused to put her through to anyone senior or the solicitor in charge of her case whilst her solicitor is on holiday. She was put through to a secretary.

This man is safe And on her side

I found a male judge to be just as abusive as my x - told me I was emotional and bitter - yes I was emotional I was about to lose my home - bitter no angry yes that no one believed me - op your friend could possibly be traumatised even more by her court experience - don't let others say it will go against her etc - I got fed this bullshit too - has she instigated divorce? She needs a bloody good solicitor and one who doesn't bugger off on holiday just before a court hearing - and if it's unavoidable one who makes sure her client knows exactly what's happening - I got shafted don't be afraid they work on you fear and vulnerability - this is your life and your future - you are just another job to them

@familylawsolicitor
"Barristers chambers will not allow you to choose female over male as discriminatory."

I should certainly hope they wouldn't! Can imagine the outrage if it were the other way around!

OP it does sound like bad form by the firm concerned if they can't send the person they promised, but it does happen regrettably. I hope it goes ok for your friend

I know they don't grant adjournments lightly because they lose money - but this is this woman's MH you are talking about - and I had to take a MH support worker with me to get my case adjourned because the bloody judge did not believe me - she is not being represented her sol is on holiday and she has got some barrister she doesn't bloody know or more to the point doesn't know her - as has been said he gets paid regardless but the ops friend is the one who has to live with this

The whole legal system is a bloody sham

FWIW I think she should take the Barrister on offer and I can speak to him on her behalf.

I think it is because she had just geared herself up for everything and because it changed at the last minute she has had a melt down. I don't know how much more she can take.

Find out as much as you can about the barrister before tomorrow. Make sure you know the whole case inside out so that you can support your friend and can summarise the important details to the barrister when you meet him tomorrow.

If they have to go into judges chambers not sure you will be allowed in with her op - how will she feel about this - being in same room as X with male barrister and possibly male judge - think you can find out who will be hearing your case - again something solicitor should have informed her off -
You sound like a good friend- be prepared for a rollercoaster of a journey - this is only the start

Greenberet as PP said, it's often the case there's a barrister and no solicitor as it saves you money. I'm sure the solicitor's holiday was booked a long time ago. Chances are she's a mum and is away during the school holidays. The solicitor couldn't have known what the court date would be. It's unfortunate but hopefully the barrister will provide good representation.

Seriously Calf piss off.

98 percent of sexual violence isn't by black people or muslims. Or are you claimining there is actually an equivalence?

Also chatting to a shop keeper isn't the same as having to deal with someone who knows all your history of sexual abuse. I can honestly see why she'd just not want that person to be a male.

my experience in a family court was that I spent a lot of time alone with my barrister (far more than in the court room itself) and apart from a conversation with a cafcass woman, he was the only person I spoke to the whole time I was there

My mistake -thought it was a criminal case being held in a crown court. There won't be any witness services in that case.