Advice about barrister

[EmergencyUndercrackers]

I'm involved in a legal dispute at the moment that's been going on for over a year. It's a very complex case and the other side have lawyers that are very aggressive and think nothing of making very personal attacks on me in their letters so it's quite stressful. My solicitors, on the other hand, favour the softly, softly approach. I can see where they are coming from as I'm pretty pragmatic and reasonable myself but, after all this time, it has yielded nothing and has actually led to escalation because the other side think we can be walked on so they think they have the upper hand. We actually have a pretty good case but they've yet to see any of our evidence.

We now have a barrister and I did hope this might lead to progress and a more forceful defence of my interests at last. Instead I find them really not suited to me and I don't know what to do, it's so disappointing. They don't seem to have a proper grasp of the case, they write letters that I know won't help and they are equally non-assertive with the other side although they are pretty assertive with me! I feel I am being annoying if I ask any questions or disagree with strategy even in a mild way.

Any tips on how to deal with them would be gratefully received.

I don’t see the point in appointing counsel and not taking their advice. Did you shop around for an expert in the field of law your case relates to? Did your solicitor appoint the barrister and not give you any choice? Did they get foisted on you by the Chambers? If you don’t like their approach you can terminate the relationship. However it’s a bit dangerous to think you know better than them. I would want clarification of their strategy and what they are seeking to gain by their approach. They might have great expertise of course but you may not get what you want.

I don’t think that I know better than them, however, I do know my case in detail because, obviously, it means a lot to me. I also have knowledge of the other people involved in the case. My solicitor gave me the choice of one barrister (there aren’t many where I live) And that was that. I’ve had no details of fees, haven’t signed anything and recently they wrote a letter where one of the main details of the case was wrong!

Solicitors have to abide by rules of conduct. Aggressive personal attacks are not on.

It sounds like your solicitor is acting correctly and professionally in that regard.

Getting facts wrong is unacceptable though. As is only offering one barrister. I offer my clients at least five, even if they aren’t local!

If you aren’t working under a no win no fee arrangement then you’re free to leave and find someone else to represent you. It doesn’t sound like they’re a good fit.

You don’t need a local barrister. There are conference calls, emails and modern technology. Barristers take clients from anywhere.

Of course mistakes are wrong. Ask the solicitor to get you a barrister from a city. Plenty in London, Manchester, Bristol and Birmingham for example. You can easily access specialisms for your area of law. Obviously London has the most choice. Check out Barristers in the field of law you want. Look at www.chambersandpartners.com. Often younger bartisters are cheaper but don’t go to a rock bottom Chambers and base decisions on price. You often get the best specialist expertise in London.

And do not use a barrister who isn’t attached to a Chambers. They have no support and can be out of touch.

Thank you both very much for your advice, it has been really helpful and given me a lot to think about. I'm especially thankful for the links BubblesBuddy but I can't find the field my case is in in the drop down menus, unfortunately and I don't want to write on the board what it is as I don't want to out myself.

Actually, ignore that. I've just realised where to look. Thanks again.

Hope you find more support.