Direct access counsel not drafting court order and no response

[liveforDC]

Hi all, hope you are well.

I attended my FDA last December as LIP with a Direct Access barrister. The other party was not represented. The barrister is supposed to draft the court order after the hearing and he told me he would send me the draft. I already paid him the whole fee of ££££ before the hearing.

It has been over a month after the hearing I still have not received the draft order. The barrister has not responded to my emails on when the draft will be ready, kind of disappeared. Now he does not respond to any of my emails.

I am desperate to move the case forward because I am struggling financially. I really feel let down by the whole system. How can the barrister just not draft the order like this?

What could I do in this instance?

Who will draft the order if he just never gets back to me?

Many thanks in advance for your advice

Complain to Head of Chambers - their email will be on their website.

Which chambers did you use?

Yes, go to their clerk. This may be either their chambers or via a direct access organisation (if the latter is how you got them - eg the Clerks Room - they are like an agency for barristers but they aren't a chambers and all the barristers will still each be members of their specific chambers).
Last resort I would think is a complaint to the Bar Council, their professional standards body.

Hi all, many thanks for your suggestions.

I have emailed the chamber this morning.

Should I tell the court about this too? Will the court produce the draft order if the barrister is unable to? Thanks.

Your barristers chambers should have a formal complaints procedure - I would look that up online.

The judge would have drawn it up if you were both self represented but they won’t remember it now. You can get a transcript from the hearing, perhaps you could take that to someone else to have it drawn up.

Citizens advice if he hasn’t fulfilled the job you paid him to do?

Thank you all.

I hope I had not been represented then at least the judge would have the order done.

However, during the hearing, the judge seemed to preferring having a legal representative there. I guess it made their job easier.

It is because I was represented via direct access counsel. Are barristers instructed through solicitors more responsible? I won't be able to afford both solicitors and barristers.

It does make the judge's job easier, yes. They will always be relieved when at least one person is represented and will look to the lawyer in the room to lead the case.

You've been unlucky - I wouldn't say a barrister instructed on a da basis should be any worse than one instructed via a solicitor. There is no doubt yours has behaved badly in not completing the drafting and in now ignoring you.

However, as a general comment what I would say is that the barrister is in large part only as good as the person instructing them (whether that's the client via da, or a solicitor). Barristers work with what they are given. They are used to being fed all the correct and relevant information and documents, in an organised way. They are not evidence gatherers, they are evidence presenters. Solicitors will generally do a better job of giving them adequate instructions than a lay person will.

This is precisely why most barristers will not do da.

If you are on the ball, organised with all the documents, understand all the issues and evidence and are able to communicate all that to the barrister then you can make a good job of it with a da barrister. (Divorce solicitor here)

@TooTrusting Many thanks for the explanation of how the roles of solicitor/barrister work. My limited experience at court hearing happened exactly as you describe.

In case my barrister is no longer able to draft the order (I don't know what happened at his side and am waiting for the chamber to find out), will the court produce the order?

Many thanks

No I think the judge would say it's the remit of your barrister as you had one. There's a chance they might but as it was some time ago I think the chances are slim.
I'm sure through complaining you'll get the barrister to do it.
Is it a simple order, ie the terms reached/ordered are quite simple? If so I may be able to help - I can send you a standard precedent that we all use, in which you fill in the blanks/delete the irrelevant clauses.

Contact the barrister's clerk in the first instance. Perhaps the barrister is ill or something. They will be able to find you someone else to do the order if that is the case. If you don't get anywhere with the clerk then follow the chambers' complaints procedure.

@TooTrusting @eurochick Many thanks for your suggestions. I am still waiting for the chamber's clerk to update me.

I have had a daylight robbery experience with a direct access Barrister, I think it is important to describe them, so others don’t use them. I can’t imagine many mums find themselves in the fortunate position of affording legal counsel, so when we feel we have been taken advantage of. We need to protect others.

@Nez123 My council replied to me in the end and things were sorted.