Questions about barristers - need help!

ilovebiology

Hi,

I am currently speaking to a barrister about my case. I have never dealt with a barrister before, he is very honest, and genuine and I really feel he can fight my case for me. I sent him a draft about my case (15 pages), told him the honest truth about me, and all about what has taken place against my employer. I can prove my case entirely with hard evidence I have gained over a period of time. I also have medical professionals who can back up my injuries are a result of negligence as a result of my employers actions, and can prove my employer are in breach of their duty of care. The company doctor can also back me up with this.

I have a number of questions that I would really value your answers/views on -

My barrister reviewed my case I submitted to him, and he got back to me. He stated all my bad points , the conditions needed for a successful personal injury claim (Which I am aware of). He did state that I had a case, and said that it was a big case, and he did not have the time or resources to invest 100% into working on the case for me?? Can I ask what people would think on his view as I am confused, and not sure what he means??

Would barristers upon reviewing a case state straight away to the client that they would take on the case, or in my case, would you have to approach them one or more times to explain the case, so they can understand and interpret the gravity and seriousness of the case? (I believe this is the situation with my case)

I intend to get back to him, but I am not sure how to approach him, and I believe the next time I approach him is crutial for him taking on my case. He read about what my case is about, however he has not seen any of the evidence I have which can prove my case 100%, my employers negligence, and medical reports I have.

What would be the best way to approach him about my case?
How can I get him to take on the case, as I will give him all the time in the world he needs to prepare it, if he can make it into a case I can win in court through all the evidence I have?

I have one very important question, I am hoping you could help me with here. The role of my barrister is to prepare my case in a legally convincing submission for the Union in a number of months time, and I want him to convince the Union of my case, so that they can fund the legal costs for the High Court etc. IF I won my case in the High Court, the Union would pay my legal team, and as part of me being a member of this Union, I would receive 100% of the damages. Like I said, the Union would pay my barrister and my legal team, but would it be possible for me to offer my barrister a % of my damages, so he would work really hard on the case for me, and ensure I win in court? (This would be like an added bonus for him for working on the case for me, and ensuring I would win). Would it be possible for me to make a deal like this with my barrister?

Thanks for reading, and I would really appreciate you answers on this, as it is really important to me.

Tom Young

Firstly, sorry for your troubles. Whatever they may be.

Secondly, a critical word is missing from your thread. That word is the word: solicitor.

Thirdly, relating to above. The Bar of Ireland that regulates and is the collective grouping of Barristers in Ireland requires that all barristers be instructed by a solicitor or a body approved in certain circumstances and from time to time by the Bar of Ireland.

Fourthly, the Bar is an independent referral Bar. That means any solicitor can brief any Barrister at any stage and there is no limitation to who is available from the collective. This is save for a few things: 1. availability to take on the case; 2. conflicts; or 3. if taking the case would embarrass (professionally or otherwise) the Barrister.

Do you have a solicitor?

If yes, great. Ask all the below questions in the quote fields to your solicitor who no doubt referred you to this barrister.

If no, engage one an do so quickly. Then address all questions to same.

While you may have met your Barrister, the instructions in relation to the case come from your solicitor and strictly so.

He did state that I had a case, and said that it was a big case, and he did not have the time or resources to invest 100% into working on the case for me?? Can I ask what people would think on his view as I am confused, and not sure what he means??

You should have your solicitor address this question directly to your Barrister. It may be that the Barrister is too busy, may need a senior counsel brought in on the case or something else. Nobody here can know what he means, nobody.

Would barristers upon reviewing a case state straight away to the client that they would take on the case, or in my case, would you have to approach them one or more times to explain the case, so they can understand and interpret the gravity and seriousness of the case? (I believe this is the situation with my case)

It depends on the complexity and indeed the expertise of the Barrister. Raise with your solicitor promptly.

What would be the best way to approach him about my case?

Through your solicitor and solicitor only.

How can I get him to take on the case, as I will give him all the time in the world he needs to prepare it, if he can make it into a case I can win in court through all the evidence I have?

You cannot make him do anything in fact. He has already expressed a concern over timing. Deal with your solicitor. Change the Barrister if need be but do so with the solicitors advice.

Like I said, the Union would pay my barrister and my legal team, but would it be possible for me to offer my barrister a % of my damages, so he would work really hard on the case for me, and ensure I win in court? (This would be like an added bonus for him for working on the case for me, and ensuring I would win).

This is a matter also for your solicitor to deal with.

Summary: Don't worry unnecessarily about your Barrister. Engage with your solicitor and if dissatisfied switch them out.

ilovebiology

Tom Young wrote: »

Firstly, sorry for your troubles. Whatever they may be.

Secondly, a critical word is missing from your thread. That word is the word: solicitor.

Thirdly, relating to above. The Bar of Ireland that regulates and is the collective grouping of Barristers in Ireland requires that all barristers be instructed by a solicitor or a body approved in certain circumstances and from time to time by the Bar of Ireland.

Fourthly, the Bar is an independent referral Bar. That means any solicitor can brief any Barrister at any stage and there is no limitation to who is available from the collective. This is save for a few things: 1. availability to take on the case; 2. conflicts; or 3. if taking the case would embarrass (professionally or otherwise) the Barrister.

Do you have a solicitor?

If yes, great. Ask all the below questions in the quote fields to your solicitor who no doubt referred you to this barrister.

If no, engage one an do so quickly. Then address all questions to same.

While you may have met your Barrister, the instructions in relation to the case come from your solicitor and strictly so.



You should have your solicitor address this question directly to your Barrister. It may be that the Barrister is too busy, may need a senior counsel brought in on the case or something else. Nobody here can know what he means, nobody.



It depends on the complexity and indeed the expertise of the Barrister. Raise with your solicitor promptly.



Through your solicitor and solicitor only.



You cannot make him do anything in fact. He has already expressed a concern over timing. Deal with your solicitor. Change the Barrister if need be but do so with the solicitors advice.



This is a matter also for your solicitor to deal with.

Summary: Don't worry unnecessarily about your Barrister. Engage with your solicitor and if dissatisfied switch them out.

Tom, thank you so much for your reply here. The situation is that, the barrister I am dealing with was a barrister for many years, and is now working with a law firm since a few years ago. He looks after all the employment cases for the firm, and it is a small firm, but I have found him very kind and helpful.

He was not referred to me by any solicitor as I went into speak to him myself, and he stated he is a qualified barrister. With this in mind, any further advice on my issues above?

I greatly appreciate any advice on this, thank you in advance

Jo King

He is not working as a barrister. He is working as solicitor. He probably means that the case is too big for his firm. Some cases need a lot of staff to run. Some small firms cannot handle major litigation.

nuac

I had cases with a barrister fadó fadó long before the days of Albert Reynolds who maintained the salient points about any case should be capable of being reduced to one sheet of paper. He was complaining about the volume of paper and superflous information in his brief.

This poster should put his or her story in concise chronological order and see a solicitor,

Would also need to watch the statutes of limitations.