how to deal with barrister?

[fighter]

I am gripped with fear again as we do not have a specialist barrister. Our solicitor assured us that the barrister we have is extremely good in this kind of case and we were not able to give a name of a specialist on time. We were so stressed that time that I have given up insisting on changing barrister.

The solicitor was really good and working well for us and we feel ungrateful not to trust him on this. I guess what I wanted to know or hear is that there are successful cases even if their barrister is not a specialist. It would be helpful.

How should we deal with the barrister? do we address our concerns through the solicitor? or do we tell the barrister ourselves? Do they take instructions from us? like what sorts of questions should he ask the accuser? My partner knows the accuser well so he thinks there is a certain way the accuser should be dealt with? Sorry might be some silly questions but I dont know how it works. In fact, I need to understand i think what is the role of barrister vs. solicitor. Oh such an unfamiliar ground.

Any advise is appreciated. We will meet the barrister next week, so we will see how we feel again; maybe we were just so stressed that time particularly when our solicitor was not with us. I am the queen of worrier..grrr!

[Casehardened]

Barristers were (and sometimes still are) know as advocates, i.e. their are your voice so should reflect your thoughts as to the conduct of the case.

However convention dictates that they are instructed by solicitors so really the defence case must be constructed by the solicitor in conjunction with the defendant. It does seem that a good barrister (which is the sort you want!)will be in court most days so will rely on the solicitor to prepare the case notes.

If you are confident in your solicitor then this is a solid foundation for the case and as as you are meeting the barrister next week then you will have an opportunity to highlight the accuser's weaknesses and suggest possible lines of questioning.

You have been very pro-active and articulate in your case, you couldn't have done any more, and I am sure your legal team will pick up on this and pull out all the stops for you.

[fighter]

Thanks so much casehardened. Just what I wanted to hear. You made me feel better already. My partner and I tend to over analyze a lot of things and I also want to be one step ahead of everything. :-)

[Saffron]

Excellent advice from CH.
The only thing I would add is that you should question every decision made by both your sol and your barrister. Question it in a polite and non-confrontational manner, but make sure you understand everything they are doing. I can't stress how important this is. If they tell you that they have decided to not use a certain piece of evidence/testimony, make sure they explain to you exactly why they have decided not to use it. Do not have blind faith in their judgement. We did and it cost us dearly.

I wish you every success in this case. I really really hope that you get the right outcome. Thinking of you xxx

[fighter]

Thanks Saffron, yes that is also a good advise to question every decision they make. In the first meeting, the barrister identified who to call and not to call to the witness stand and explained briefly why in some cases and in our stressed state we didnt feel good about it.. but later on it does make sense. I would keep all your advises in mind. I think the lesson for us also is to always come to the meeting with sharp mind. I remember my partner just came from nightshift. So from now on will always ask for an appointment that would be more convenient to us.

[lawlessone2009]

I would recommend giving it another shot next week and see how you are feeling and what impression you get.

If you are not happy I would not hesitate one little bit in seeking out someone who has a reputation and also makes you feel comfortable and listened too.

You're only going to get the one proper shot at trial so you want the absolute best of the best of everything. Legal representatives are only doing a job, they go home at night. If your case is unsuccessful imagine the consequences.

I would highlight your fears, maybe even note them all down, and have your solicitor or the barrister (or even both) have a go at easing them.

Hope all goes well and I wish you the best of luck.

[fighter]

thanks lawlessone, yes, we would try again to assess the barrister next meeting. I have a feeling when we met him, he has only seen the other side's statements and not my partner's statement; other evidences and character witnesses statement that the solicitor has gathered on our behalf.

At least if we don't feel good about him again this time, we would have a name of a specialist ready to give by this time to the solicitor.

Would also begin jotting down my fears and concerns!

[lawlessone2009]

The Barrister will be judging you at the same time you are judging them.

Remember that belief is as strong as evidence when it comes to leading a jury. A strong and determined Barrister who is focused entirely on the case is better than a friendly one that talks rubbish and fails.

You will no doubt have many questions to answer also (well, your other half mainly but you supporting or leading if he is that demoralised) and the meeting will hopefully lay many fears to rest. You will be able to judge reasonably quickly what your thoughts and feelings tell you and if your solicitor has done a lot of work along with your input then I wouldn't worry.

The Barrister may be having an off day, everyone is only human at the end of it all. Don't be too judgemental but be sure that you have what you need and don't hesitate to change. It may be worth your while calling back on here with any further questions AFTER your meeting and before you decide, IF you decide, to change anything.

It seems apparent from my short time here that there are many many far more knowledgeable individuals than myself. I've got my own struggles at the moment where as others know the processes involved in detail either through being involved directly in legal defence or through self experience.

You should check out your Barrister online. There is a member on here, Rights Fighter, who seems to be the preferred inside info provider on legal professionals who may be worth passing the Barristers name by and seeing what they say.

[Rights Fighter]

Fighter - who is your barrister? I might know of him......

[fighter]

Is it okay to put the barrister's name here?

[Rights Fighter]

I can't see why not. We post up sols and barrister's names anyway.

[fighter]

Jim Davis of Angel Chambers :-)
Thanks!

[Rights Fighter]

I don't know of him but found this:

Jim Davis was admitted as a solicitor in 1978. He thereafter worked as a Branch Crown Prosecutor CPS from 1986 until 1995 and Special Casework Lawyer CPS from 1995 until 1997. He was called to the Bar and joined Chambers in 1997. Jim's practice includes all aspects of Criminal Law representing both prosecution and defence. He has prosecuted high profile murders. Since joining Chambers he has also established a strong defence practice. He is included in the Attorney-General's nominations.

I can see no notable cases listed at the moment but as he prosecutes he could well be a damn good person to have on side as he will know what tricks the other side will pull, as he will have pulled them himself!


I have been recommended Hugh Wallace (9 Park Place Chambers, Cardiff). The client said this about him:

He is a very nice guy, but still manages to draw the information out he needs and gets his own way in the end. He also gets the jury on your side.


He is a former chief crown prosecutor who now does mainly defence work.

[fighter]

rights fighter, yes please, it would be nice to have a name on hand in case the meeting dont go well next week. You have given me Hugh Wallace but he is in Cardiff about 45 minutes away and our solicitor is about 30 mins away from the opposite direction :-)

[Rights Fighter]

Hugh is still within your public funding catchment area I believe so would be perfectly acceptable, I would think.

I have attended publicly funded trials where the barrister has travelled from London to Nottingham and further afield.