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Barrister or Solicitor?

  • 21-02-2013 11:00am
    #1
    Registered Users, Registered Users 2 Posts: 20,240 ✭✭✭✭


    In the case of going to court for a Judicial separation, what parts does one's solicitor and barrister play?

    Which one matters the most?

    I am not at all confident about my solicitor at the moment, so should I be worried, or will I be Ok if the Barrister is good?


Comments

  • Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    cnocbui wrote: »
    In the case of going to court for a Judicial separation, what parts does one's solicitor and barrister play?

    Which one matters the most?

    I am not at all confident about my solicitor at the moment, so should I be worried, or will I be Ok if the Barrister is good?

    A barrister is only as good as his brief. If a solicitor is bad, it is often the case that the barrister is undermined and can't make up for the solicitor's deficiencies.


  • Registered Users, Registered Users 2 Posts: 64 ✭✭subrosa


    It may sound a little facetious (I apologize if it does) but if you don't have confidence in your solicitor you should find another. You wouldn't employ an architect that you had no confidence in. No reason why you should pay a solicitor in similar circumstances.

    The Barrister and Solicitor, ideally, should be a team. They have different competencies and specializations. A good Barrister with a bad Solicitor will be hamstrung, and while this can sometimes be overcome, it'll make the case more difficult than it should be (the same obviously applies to good Solicitor/bad Barrister)


  • Registered Users, Registered Users 2 Posts: 20,240 ✭✭✭✭cnocbui


    Thank you both for the good advice.

    I really am in a quandry as to what to do. My solicitor asked for payment in advance at the beginning of the process for a negotiated settlement to the tune of about €2,500. I paid. A negotiated settlement proved impossible, so on my solicitors advice I gave approval to instigate a motion for judicial settlement. We are now about 6 days from when my solicitor is scheduled to meet my wife's solicitor and the Registrar for a case progression hearing.

    I am thinking it might be a bit late to jump ship? If I do, I am wondering if that would invalidate the motion already lodged etc.

    I have been trying to contact my solicitor for the past three weeks without a single reply to any of multiple phone calls left. I am thinking if they don't have the time or the inclination to even speak with me for being busy on other clients affairs, what chance of any effort being put into properly preparing my case?

    Yesterday I tried emailing a reply and supporting documents for a discovery request and all the emails with attachments bounced. Of course I can't ring to ask about alternative arrangements like an encrypted file host.

    I honestly am wondering if I shouldn't just send the documents directly to my wife's solicitor!

    Then there is the problem with the sheer impossibility of getting anyone to recommend a solicitor for fear of libel/litigation. You can't ask on boards and I don't know anyone else I could ask.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    cnocbui wrote: »
    Then there is the problem with the sheer impossibility of getting anyone to recommend a solicitor for fear of libel/litigation. You can't ask on boards and I don't know anyone else I could ask.

    People get recommendations by PM all the time.

    I'm not sure how recommending a solicitor could defame them.


  • Registered Users, Registered Users 2 Posts: 20,240 ✭✭✭✭cnocbui


    I someone could PM me recommendation for a family law solicitor in Limerick, I would be grateful.


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