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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Lawyer says I need a barrister and has arranged a meeting next week!

56 replies

urgentplease · 18/01/2023 11:45

To prep documents to serve for a divorce .
Why is this?it's costing me an extra £400.
My ex and I are relatively agreeable on what we both want in the settlement .
Please advise urgently.
AIBU to think this is just a money making racket ???

OP posts:
Aprilx · 18/01/2023 11:46

I don’t know, but I would ask the lawyer why the meeting is required.

TimeForMeToF1y · 18/01/2023 11:48

Aprilx · 18/01/2023 11:46

I don’t know, but I would ask the lawyer why the meeting is required.

Don't be silly, far better to ask internet sprites to guess 😀

Original poster
urgentplease · 18/01/2023 11:48

I did ask. I'm waiting to hear back from her .

OP posts:
Radiatorvalves · 18/01/2023 11:49

Are you going to court? I would ask for an explanation as to why the barrister’s input is required. My DB and his ex had a hideous divorce and (as it was settled and didn’t go to court) no barristers were involved.

Ponoka7 · 18/01/2023 11:49

There's a legal section on here, did you try posting there?

PinotPony · 18/01/2023 11:51

Solicitors will often instruct Counsel to advise and draft documents on complex matters or if attendance at Court is required. As your case seems to be straightforward, it sounds like the solicitor is not confident in their own ability and is getting a barrister involved to cover their arse.

How qualified is your solicitor? Your funding paperwork should tell you how many years they've been qualified. If they're newly qualified, you'll be paying a lower hourly rate than, say, a partner in the firm.

I'd be inclined to ask why the solicitor cannot draft the pleadings themselves and ask for it to be passed to a legal adviser in the firm who can do the work.

EmptyEnvelope · 18/01/2023 12:16

If you're both pretty much on the same page, why not use a service like the Divorce Surgery instead? One firm, half the costs. (I don't work for them, found them while googling info for my sister and thought they were a brilliant idea)
Divorce Surgery

Eyerollcentral · 18/01/2023 13:03

It’s not a money making racket no. It takes time to prepare documents and instructions to Counsel so I doubt anyone would do that unless they had to. You and your ex may be broadly agreeable but there may be an issue that you haven’t fully considered that requires an opinion from counsel, a pension split for example or an issue around how the house is held between you or if a trust exists. Hard for anyone to know with the details you have provided. Best wait for your solicitor to come back to you.

Lockheart · 18/01/2023 13:05

No-one can advise you urgently OP. You'll just have to wait for your solicitor to explain it.

FarmGirl78 · 18/01/2023 13:22

Get on wikivorce, read up, and do it yourself online on the gov.uk website.

I did my boyfriend's divorce paperwork for him, it took a good few hours but all he had to pay was £550 court fee. Be aware that whatever your lawyer quotes is usually WITHOUT the court fee, and they'll then spring that on you at the last minute.

Since covid came along the HMCTS online service has had to get very public-user-friendly so it could be moved to be done remotely and online.

If you're both agreed there's NO reason you can't do it yourself.

Eyerollcentral · 18/01/2023 13:24

FarmGirl78 · 18/01/2023 13:22

Get on wikivorce, read up, and do it yourself online on the gov.uk website.

I did my boyfriend's divorce paperwork for him, it took a good few hours but all he had to pay was £550 court fee. Be aware that whatever your lawyer quotes is usually WITHOUT the court fee, and they'll then spring that on you at the last minute.

Since covid came along the HMCTS online service has had to get very public-user-friendly so it could be moved to be done remotely and online.

If you're both agreed there's NO reason you can't do it yourself.

No reputable lawyer will spring the court fee on you at the last minute.

FarmGirl78 · 18/01/2023 13:29

Just to add....."divorce" has 3 very separate bits, they can link closely but are 3 very distinct separate processes.

The actual divorce.
Financial separation.
Child access.

Many people chose to pause the divorce process halfway through in order to complete the financial separation, but it isn't always necessary.

If you do go with a solicitor/lawyer/barrister don't let them confuse you by making out they're all the same process.

If you read up on everything you at least can't be fleeced.

FarmGirl78 · 18/01/2023 13:32

Eyerollcentral · 18/01/2023 13:24

No reputable lawyer will spring the court fee on you at the last minute.

Show quote history

But theres a lot of lawyers out there who AREN'T reputable, or don't make things crystal clear to people who don't have the first idea about how the system works. I could spot a mile off that ads for "Divorces only £699" won't include court fees but a lot of people don't.

Eyerollcentral · 18/01/2023 13:40

FarmGirl78 · 18/01/2023 13:32

But theres a lot of lawyers out there who AREN'T reputable, or don't make things crystal clear to people who don't have the first idea about how the system works. I could spot a mile off that ads for "Divorces only £699" won't include court fees but a lot of people don't.

Show quote history

Solicitors are obliged to outline their fee and potential costs at the outset of a case. You’ve also no idea what any one enquiring about such an ad would be told when they actually speak to a solicitor. I’d be very surprised to see any such ad which didn’t include small print. Dealing with your own divorce is a great option if the divorce is straightforward in terms of assets, etc. but it cannot replace professional advice where other factors are at play, for example when dealing with pensions, and may result in someone sacrificing part of the financial settlement which they may have been entitled to. No one knows what the situation is with the OP.

AmandaHoldensLips · 18/01/2023 13:42

If you're going to court, that's what you need a Barrister for. The barrister will want to meet you to see how you react to questions that you might be faced with, so that he knows who he is dealing with in a court situation.

tappinginto2023 · 18/01/2023 13:45

FarmGirl78 · 18/01/2023 13:22

Get on wikivorce, read up, and do it yourself online on the gov.uk website.

I did my boyfriend's divorce paperwork for him, it took a good few hours but all he had to pay was £550 court fee. Be aware that whatever your lawyer quotes is usually WITHOUT the court fee, and they'll then spring that on you at the last minute.

Since covid came along the HMCTS online service has had to get very public-user-friendly so it could be moved to be done remotely and online.

If you're both agreed there's NO reason you can't do it yourself.

So user friendly your bf couldn't have done it himself?

FarmGirl78 · 18/01/2023 13:47

Eyerollcentral · 18/01/2023 13:40

Solicitors are obliged to outline their fee and potential costs at the outset of a case. You’ve also no idea what any one enquiring about such an ad would be told when they actually speak to a solicitor. I’d be very surprised to see any such ad which didn’t include small print. Dealing with your own divorce is a great option if the divorce is straightforward in terms of assets, etc. but it cannot replace professional advice where other factors are at play, for example when dealing with pensions, and may result in someone sacrificing part of the financial settlement which they may have been entitled to. No one knows what the situation is with the OP.

Show quote history

How do you know I've got no idea what someone enquiring about online ads would get told? Don't be so presumptive as to how far down what legal pathways we got. A lot of people don't understand long words, legal jargon, don't read the small print and make many many assumptions and end up using the phrase "I didn't realise". That's why I've advised the OP to read up so she's armed and understands her own position -so hopefully she won't be led a merry dance (by either her ex or a unclear solicitor).

Reugny · 18/01/2023 13:47

You should actually ask your solicitor to clarify exactly why you need a barrister.

It's likely you just need a barrister to give a legal opinion on an aspect of your case so it can either be put in front of the judge so they will rubber stamp it or has to be dropped as the Court isn't allowed to rule on it.

If you are talking to the barrister as well find out what they specialise in before you meet them - google the barrister's name - , as some barristers specialise in a couple of linked areas of law. You can then ask a couple of your own legal questions you want clarification on.

MinnieMountain · 18/01/2023 13:50

Not necessarily @AmandaHoldensLips . Some solicitors have higher rights so they can appear in the County or Crown courts.

Reugny · 18/01/2023 13:53

By the Court I mean the Family Court in your case.

Myself and various other people I know have had to consult barristers in issues we have had. Not all the cases ended up in Court but the barrister clarified which what parts of each case would go to a particular type of Court and what parts of each case were worth pursuing.

BlueBellIris · 18/01/2023 13:56

Referral fees between solicitor and barristers are illegal. So the fact your solicitor has said a barrister needs to be instructed does not financially benefit them. It's not a money making racket.

The work needs to be done, it is not always the case that instructing a barrister will be more expensive then solicitor doing all the work (barristers often are more specialised in specific areas which may mean they have to carry out less research then if solicitor did thew work). TBH £400 for a barrister is not that expensive if they are preparing documents (so presumably a couple of hours work). I'd be surprised if your solicitors hourly rate is less then £150 per hour.

But you are entitled to know why a barrister needs to be instructed (they can not instruct with our your permission). So go back and ask why this is needed and why they can't do the work instead?

mamabear715 · 18/01/2023 13:56

Barristers. Yeah. Had to have one for my divorce / kids access. Bitter memories of them point scoring against each other & laughing, while my world was falling apart. :-(

Matilda1981 · 18/01/2023 13:57

Quite often having a barrister in court is less expensive than having your solicitor there. You do not need to be represented by anyone and can represent yourself if it is straightforward and you are not trying to argue anything with your ex.

FarmGirl78 · 18/01/2023 13:58

tappinginto2023 · 18/01/2023 13:45

So user friendly your bf couldn't have done it himself?

Show quote history

I have no idea why this has picking at me rather than helping the OP.....but here we go.....my boyfriend came from a 20+ year abusive relationship and didn't have any fight left in him. He didn't realise a lot of how much what he thought was 'normal life' was in fact coercive control and would have been grounds for divorce. Almost 3 years later there's STILL stuff that crops up in conversation and I'm like "Whoa, hang on, you thought WHAT?!". He didn't even have internet until he left the family home. He'd have just curled up into a ball in his elderly parents spare room and let his ex ride roughshod over him if I hadn't been there to cajole him through it.

When I said to the OP there was no reason (after reading up) that they couldn't do it themselves online, I didn't for a minute mean that she couldn't also have a friend or relative or someone more "wordy" or internet savvy to fill out the forms with her or for her.

Reugny · 18/01/2023 14:01

@FarmGirl78 I think the OP is well over that part.

It's likely the barrister is needed because they have made an agreement which is either unfair to one party or the other, or it includes assets that aren't normally divided in divorce.

Only the OP can find out by asking her solicitor exactly why the barrister is needed.