Legal Aid & Barristers Opinion

brrabus · 23-09-2013 4:41pm #1

Hi

My elderly mum has had a Barristers Opinion through the Legal Aid Board in a matter relating to property and the Management Company where she lives. The case was accepted by them on the nature of her age and undue stress being caused.

Anyway, the Barristers Opinion was in my mums favour and the solicitor in their office at the time stated that we should take this opinion to other solicitors in order to speed matters up. She also said that another solicitor may take the case on a Pro-bono basis as it is testing the new Multi Development Unit Legislation, and it could be good pr for their firm. We said we would try and also asked the Legal Aid Board to proceed with the case but it is still in limbo, nothing has been done since. I am getting nowhere with them, and put it this way, my mum would not be good at remembering things. However, the problem, on top of the case just being in limbo with them, is that we cannot get a copy of the Barristers opinion from the Legal Aid office. The initial solicitor who we spoke to is no longer there. Why say that we should take this opinion to another solicitor and then refuse to give us a copy of it?

Tom Young · 23-09-2013 6:34pm

A Barrister's (Counsel's) opinion belongs 'lock, stock and barrel' to the querist (person requesting advice) in all instances. Copyright included.

The pro bono nature does not change that position.

Find out the name of the Barrister and ask for a copy via the new solicitor. The likelihood is that Counsel would probably have no problem giving it over.

Note: Counsel's name would be clearly on any opinion.

Note two: An opinion is merely that, it does not guarantee success.

brrabus · 23-09-2013 7:17pm

Thanks for your response Tom Young. Today, my mum got a call from the Legal Aid office to come in (as there is a meeting pending, don't want to say too much on the net at the moment) and they were a lot more receptive. The solicitor at the office seemed very interested in the case and phoned the Barrister. Unfortunately he is away at the moment but this probably links into what you are saying at it belonging to them. Finally someone is talking to my mum on this, I have asked her to push for a copy of this report.

I do understand that an opinion is no guarantee of a success and have explained such to my mum. The Legal Aid office now at least seem willing to push on legal action on this case. TBH I don't know how much more my mum can take.

brrabus · 23-09-2013 7:42pm

@ Tom Young -- Can I just ask, even though the Barristers opinion was obtained by the Legal Aid Board, because this was obtained by them on behalf of my mum, does that make it belonging to my mum as it was paid for on behalf of my mum?

NoQuarter · 23-09-2013 8:09pm

It belongs to your mum, copyright and all.

brrabus · 23-09-2013 8:21pm

NoQuarter wrote: »

It belongs to your mum, copyright and all.

Thank you for that, sort of confirms of what I would have thought as she was the client effectively. So there is no reason why they are refusing to provide her with a copy. We will be insisting on getting a copy of such report. As to why they have been stonewalling us is beyond me.

johnnyskeleton · 23-09-2013 10:37pm

My understanding is that while it belongs to the client, it can be withheld until the fees are paid. In a legal aid scenario, this possibly means the minimum contribution.

Legal Aid & Barristers Opinion

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