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any Barristers in the house? Or solicitors or anyone let downlast minute by barrister

  • 09-10-2008 4:30pm
    #1
    Registered Users, Registered Users 2 Posts: 2,738 ✭✭✭


    What is the process if say, for example, you were due to start trial in 2 - 3 working days and you are suddenly told by legal team that your original barrister was not available and they are assigning you someone different who does not know your case inside out as you like it?
    They arrange an appointment for you to see the new one of course, but you still feel a bit 'less important' from want of a better term.


Comments

  • Closed Accounts Posts: 198 ✭✭sh_o


    This can happen. Sometimes a barrister may become stuck in another trial or hearing and cannot then attend to your matter. Maybe another trial overruns for some reason. Depending on the complexity and the type of case, and indeed the new barrister, two days may be plenty of time for the new barrister to get up to speed. Also when necessary, barristers will put in more hours than 9-5 Monday to Friday if need be!


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    In fairness to barristers, they often need the gift of bi-location or tri-location. In the majority of situations, the barrister concerned has no control or little input into whatever double or treble listing has occured.

    In Dublin the numbers of sittings in all courts have increased, and most lists start at 10.30 or 11 a.m.

    In many circuit areas, two circuit court judges may be sitting, sometimes in different towns.

    While a client would prefer to be represented by someone they may have already met, an experienced barrister coming into a case can assimilate the necessary facts and prepare any legal submissions very quickly.


  • Closed Accounts Posts: 8,048 ✭✭✭Amazotheamazing


    I'm sure the new Barrister will do what the old one would have done, try and settle without having to go into Court. It's their area of speciality.....


  • Registered Users, Registered Users 2 Posts: 2,991 ✭✭✭McCrack


    It's in everybody's interest that a contentious matter gets settled without going to hearing, (reduces costs including legal fees for one)


  • Closed Accounts Posts: 198 ✭✭sh_o


    The steps of the four courts tends to focus people's minds and it is difficult to put a value on certainty!


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  • Closed Accounts Posts: 8,048 ✭✭✭Amazotheamazing


    McCrack wrote: »
    It's in everybody's interest that a contentious matter gets settled without going to hearing, (reduces costs including legal fees for one)

    Yeah, I've used that line on clients too!

    I'm only half joking OP, but it would depend on the nature of the case before anyone here could give real insight, by and large, I think you should be ok.


  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    The listing system contributes to causing this problem as well as a case going on longer than expected.

    I did once see a proverbial "dock brief" handed over to a single junior at 10:00 in a running down action in the Dublin High Court. He won the case by 12:30 that day and got the costs too. Not too surprisingly he is now a judge !!


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