Solicitor with higher rights of audience V solicitor + barrister ?

[whatsgoingon?]

I wonder if one of the legal team could advise on this. My son has a solicitor who is a criminal lawyer with Higher Rights of Audience, has told me he's defended and won similar cases, appears to be taking his case seriously, is spending time on it and who ***** has good contact with and likes. Although he does seem very competent, he's not a specialised sol. I did try to insist he see someone who specialises in this field early on but he's reluctant to change. The solicitor has said that he will defend ***** in court if he can .
- In general is it better to have a solicitor who has higher rights and who does it all or a sol + a barrister. In this case, who chooses the barrister?
- As ***** will be tried alongside someone who's being tried for rape and who there appears to be evidence against, I feel this needs to be someone who's extremely competent and will be very familiar with the case.

[Rights Fighter]

I wonder if one of the legal team could advise on this. My son has a solicitor who is a criminal lawyer with Higher Rights of Audience, has told me he's defended and won similar cases, appears to be taking his case seriously, is spending time on it and who ***** has good contact with and likes. Although he does seem very competent, he's not a specialised sol. I did try to insist he see someone who specialises in this field early on but he's reluctant to change. The solicitor has said that he will defend ***** in court if he can .

- In general is it better to have a solicitor who has higher rights and who does it all or a sol + a barrister. In this case, who chooses the barrister?

- As ***** will be tried alongside someone who's being tried for rape and who there appears to be evidence against, I feel this needs to be someone who's extremely competent and will be very familiar with the case.

You need a specialised sol and competent barrister. You can request your own barrister but you may not get them depending on how busy they are and how far they would have to travel.

If you really believe that your lad will not get the best he can under the circumstances he needs to state that he has 'no confidence' in his current representation at the earliest opportunity. This should be made to the most senior partner in the practice.

[lawlessone2009]

I tend to agree with RF.

Don't be fooled by a fancy title or status. Your boy needs the absolute best possibilities of a fair trial and competent representation. A two person team who specialise in the field is far better than someone who masquerades around with a fancy title and show interest.

A mechanic (lets call em Master Technicians from Vauxhalls misleading advert) can fix a car but an engineer can not only fix it but design, build and maintain it!

[whatsgoingon?]

Thanks, I'm sure the guy's a competent sol, but sometimes I have to admit, an engineer is required. The trouble is going to be persuading my 20 year old ( and green as hell) as we've already had this conversation. Legal aid? Does that exist anymore? Now he's not a student he does some casual work (is not on benefit) Off to look through some old posts.

[lawlessone2009]

Thanks, I'm sure the guy's a competent sol, but sometimes I have to admit, an engineer is required. The trouble is going to be persuading my 20 year old ( and green as hell) as we've already had this conversation. Legal aid? Does that exist anymore? Now he's not a student he does some casual work (is not on benefit) Off to look through some old posts.

I don't know the solicitor so he may well be an engineer..............

Have you done a bit of background checking on him?

Are you paying for your boys defence then?

There is a big difference between getting out your own bed in the morning and disappearing out the door to do whatever takes your fancy AND waking up in a small concrete room with a 'mattress' and stainless steel sink/toilet whilst waiting on your 15mins exercise....... Your legal team could very well BE the difference... Rights Fighter never gives out bad advice, I can be hit and miss sometimes as I am going through my own ordeal, and I would listen to her learned words. She could most likely write several books on people that she has helped out on appeal (after a period in jail) who blindly listened to solicitors who promised the world but buggered of on holiday around it instead of delivering.

[worriedandconcerned]

Well my solicitor (Gerry McDonald) has higher rights but he still instructed a competent barrister (Nerida Harford Bell) and i have to say i owe them my life.

They are both amazing people for different reasons but i would not be happy with your sons situation.
Putting it another way if you had a business who would you prefer to submit your accounts your accountant or bookeeper? They are both vital people but they specialise in different area's.

Also not sure what area you are in but if around Surrey or London area i dont believe you could do better that Gerry and Nerida.

Good Luck !

[whatsgoingon?]

I don't know the solicitor so he may well be an engineer..............

Have you done a bit of background checking on him?

Are you paying for your boys defence then?

There is a big difference between getting out your own bed in the morning and disappearing out the door to do whatever takes your fancy AND waking up in a small concrete room with a 'mattress' and stainless steel sink/toilet whilst waiting on your 15mins exercise....... Your legal team could very well BE the difference... Rights Fighter never gives out bad advice, I can be hit and miss sometimes as I am going through my own ordeal, and I would listen to her learned words. She could most likely write several books on people that she has helped out on appeal (after a period in jail) who blindly listened to solicitors who promised the world but buggered of on holiday around it instead of delivering.

I have great respect for HR's advice and that of others. He might very well be an engineer, and I have to say, judging by the comments of others he seems to have communicated more than many and is prepared to bring in expert witnesses. He's also on a 'trade commitee' I have looked on the internet and he has defended a couple of high profile cases which got off with light sentences . That's not what we want, we want a not guilty verdict but it seems it will rely largely rely on booze and consent issues If he was being charged on his own, this guy would probably be the guy for him if the prosecution have in mind to link my son's acts and fate with the other guy charged which could make the whole thing very messy. What concerns me is destabilising my son who is trying his best to cope on his own as he is, although that is nothing compared to what he would face if found guilty (and stopping the guy in his tracks if he is doing a good job) Stressing to sol the desire to use a competent barrister could be a solution. I'm not ignoring advice, I hear it loud and clear but I would really appreciate to be able to communicate privately to someone about this.
He's going for legal aid, I don't think we could afford to pay without getting a load or re-mortgaging, but if that's what it takes, then so be it.

[lawlessone2009]

I have great respect for HR's advice and that of others. He might very well be an engineer, and I have to say, judging by the comments of others he seems to have communicated more than many and is prepared to bring in expert witnesses. He's also on a 'trade commitee' I have looked on the internet and he has defended a couple of high profile cases which got off with light sentences . That's not what we want, we want a not guilty verdict but it seems it will rely largely rely on booze and consent issues If he was being charged on his own, this guy would probably be the guy for him if the prosecution have in mind to link my son's acts and fate with the other guy charged which could make the whole thing very messy. What concerns me is destabilising my son who is trying his best to cope on his own as he is, although that is nothing compared to what he would face if found guilty (and stopping the guy in his tracks if he is doing a good job) Stressing to sol the desire to use a competent barrister could be a solution. I'm not ignoring advice, I hear it loud and clear but I would really appreciate to be able to communicate privately to someone about this.
He's going for legal aid, I don't think we could afford to pay without getting a load or re-mortgaging, but if that's what it takes, then so be it.

You're clearly devoted to your boy and that is something that can lack these days. Very nice to see it here.

There is a high chance that the case against your boy won't proceed. The prosecution have a habit of charging everyone involved in the hope that people 'talk'. They then prosecute the main offender and throw everyone else by the wayside. I am by no means implying that it is for definite but it is a strong possibility.

I completely overlooked the charging of both parties. Your boys solicitor and the co-accused may well be in communications in order to ascertain the correct way forward. They could very well be waiting on the prosecution putting their cards on the table and giving decisive direction before your side start to implement theirs.

If you are reasonably satisfied with your solicitor at the moment then raise your questions with him and see what his answers are. If it's on legal aid then there is little for the solicitor to loose by instructing a barrister. Maybe he already has or is in the process off... Ask him the questions, jot them down on a sheet of paper if necessary and get answers to each one individually.

Your boy could very well be believing that it's all going to blow over and go away... Head in the sand... He could be focusing on his innocence saving the day. It doesn't happen easily very often unfortunately and sometimes doesn't happen at all. Keep an eye on his 'mood' as it will change, stress and anxiety does that!

[whatsgoingon?]

Thanks for your advice Worriedandconcerned and Lawlessone. Yes, he is burying his hand in the sand.. says he's alright so long as he doesn't talk about it. It's breaking my heart., but getting on with the rest of his life is keeping him going. Anyway, I'll be phoning his sol in the next week and come to a decision.

[whatsgoingon?]

A while on

Well it's a while on since I wrote on my own thread! My son changed solictor to Gerry McDonald and barrister Nerida Hartford-Bell a few weeks ago. There were just too many question marks with the other guy and when I fianlly met him in person alarm bells started clanging and just wouldn't stop! I met Gerry and Nerida last week and found them both extremely competent and approachable and could see that they were really taking my son's case on board.
Court case starts next week... we're as well as can be expected, have had the added hassle of booking travel and accomodation, but the practical aspects are sorted now. I've had really good support, some excellent advice and as near to friendship as you could get from members of this site and we've been able to carry out some of the recommendations. It's very difficult to get one so young to realise this is serious, especially as he knows he did nothing wrong and to some extent that's been the hardest part. He said today, for the first time, that it's been hell for over a year now and has stopped him leading his life and although until recently this generated inertia on his part, he's finally come to realise that he needs to play an active part in his own defence.

[Faith]

Excellent choice...Gerry and Nerida are fantastic!

[lawlessone2009]

Well it's a while on since I wrote on my own thread! My son changed solictor to Gerry McDonald and barrister Nerida Hartford-Bell a few weeks ago. There were just too many question marks with the other guy and when I fianlly met him in person alarm bells started clanging and just wouldn't stop! I met Gerry and Nerida last week and found them both extremely competent and approachable and could see that they were really taking my son's case on board.
Court case starts next week... we're as well as can be expected, have had the added hassle of booking travel and accomodation, but the practical aspects are sorted now. I've had really good support, some excellent advice and as near to friendship as you could get from members of this site and we've been able to carry out some of the recommendations. It's very difficult to get one so young to realise this is serious, especially as he knows he did nothing wrong and to some extent that's been the hardest part. He said today, for the first time, that it's been hell for over a year now and has stopped him leading his life and although until recently this generated inertia on his part, he's finally come to realise that he needs to play an active part in his own defence.

Superb update.

I'm sorry to hear that it's going to trial but I have only ever heard good words said about your new defence team.

Your boy will be on a different planet just now and even when this is all over it's going to take you all a long time to rebuild.

Good to hear you're all setup with the travel and accomodation, one less thing to worry about.

I am sending you my best wishes just now incase you're not back before or during the trial.

[whatsgoingon?]

Thanks alot L1. I'm afraid I haven't been reading your updates lately. I hope you're managing to get your life back. x

[worriedandconcerned]

Well I think this is an excellent choice and gives you a good fighting chance.

I had Gerry and Nerida last year and I will never forget them till the day I die.

Believe me Nerida is outstanding on her feet in court and she will give it all

[Izzy]

Well I think this is an excellent choice and gives you a good fighting chance.

I had Gerry and Nerida last year and I will never forget them till the day I die.

Believe me Nerida is outstanding on her feet in court and she will give it all

Brilliant to get a team with such a good recommendation. Thank goodness for your alarm bells, I could see how someone young and out of their depth in legal matters like this could easily end up with the wrong solicitor.

I really hope for the best outcome for you all WGO so you can all start living your life again with this behind you.
You've been there for everyone else on the forum for so long, everyone will be rooting for you and your Son next week