How a barrister can help

If you are facing legal action, you want the best representation available – representation from a specialist whose business it is to understand how to resolve your issue, explain the options available, position your case to keep it out of the courts, or to advocate for you in court.

Barristers are specialist advocates with expertise in resolving disputes – as negotiators, mediators and advocates before courts and tribunals. An important part of the help they provide is to assist clients to refine their legal strategy to resolve issues as swiftly and effectively as possible.

Many barristers are leading experts in their area of law and can provide valuable advice on issues, such aslike how a contract or agreement may be interpreted if it is disputed in the courts, how a particular course of action may be viewed by regulators, or how to manage the risks of an individual’s or organisation’s actions.

How do you find the right barrister?

There are a number of ways to find the right barrister to help you.

Are you an individual looking for legal help?

Barristers can help individuals with solving many legal problems, like property or estate disputes, and representation before planning or regulatory tribunals. There are rules that outline what barristers can and cannot do. For instance, they are not able to incorporate companies, convey property, or administer a trust.

Barristers are not obliged to take work directly from individuals, but many do. If you are engaging a barrister directly rather than through a solicitor, you will be provided with an Information to a Prospective Client Disclosure Statement. That document will explain any effect using a barrister without a solicitor may have on your case.

You can find a barrister on-line or contact a barristers’ clerk to find the best barrister to help you. Your barrister will let you know what information they need, and what are the costs involved.

Are you facing criminal charges in a Magistrates’ Court?

If you are facing criminal charges in a Magistrates’ Court, BarristerCONNECT is a simple, online way of connecting with a barrister who can help you and represent you in court. Enter your details on the online request form and you will be contacted about your case. The barrister will discuss your case with you, with no obligation to proceed.

In many instances, using BarristerConnect is more cost-effective than going to a solicitor and then to a barrister.

Have you already spoken to a solicitor?

In many cases, individuals who wish to start or need to respond to legal action in Victoria will first turn to a solicitor. The solicitor will provide you with advice such as what remedies may be available to you, what are the costs involved, and what is your likelihood of success.

The Law Institute of Victoria is the professional association for Victorian solicitors. You can find information on choosing the right solicitor and the costs of obtaining legal advice on its website.

If your case is likely to be heard in a court or tribunal, or if you are seeking mediation or help with negotiating a settlement to the dispute, your solicitor will very often engage a barrister to help prepare and act on your behalf. Your solicitor may recommend a particular barrister to you, or you can find a barrister directly by searching the Victorian Bar website.

Once the barrister has been selected, the instructing solicitor will be able to provide a stronger indication of the likely costs involved. Further information about costs is available on this page. The solicitor will then be responsible for finalising the arrangement with the barrister.

If you believe that you may not be able to afford legal representation, there are a number of services that may be able to assist you. Read more here.

Are you a solicitor wanting to find a barrister?

A barrister could give your client the vital edge in settling or winning a case. A barrister can help you provide your client with the best legal strategy and tactical advantage, and give you the specialist support you need to discharge your obligations efficiently and effectively.

You can find a barrister on-line or contact a barristers’ clerk to find the best representation for your clients’ matters.

Are you a company officer, director or executive looking for a barrister?

If you have a corporate, organisational, or directorial legal problem, it is often much more cost effective to brief a barrister directly rather than go through a solicitor.

The Legal Profession Uniform Conduct (Barristers) Rules 2015 outline what work barristers can and cannot do. For instance, they are not able to incorporate companies, convey property or administer a trust.

Barristers are not obliged to take work directly from individuals, but many do. If you are engaging a barrister directly rather than through a solicitor, you will be provided with an Information to a Prospective Client Disclosure Statement. That document will explain any effect using a barrister without a solicitor may have on your case.

You can find a barrister on-line or contact a barristers’ clerk to find the best barrister to help you.

Are you an in-house counsel or government solicitor?

Corporate counsel and government solicitors who hold Victorian practising certificates can brief barristers directly. Patent and trademark lawyers can also brief barristers directly.

More information on how barristers can help corporate counsel and other legal professionals is here.