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Who can instruct a Barrister?

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  • 09-05-2017 9:01pm
    #1
    bajer101
    Registered Users Posts: 2,178 ✭✭✭


    Hi, I was just wondering what are the requirements for engaging the services of a Barrister? My limited knowledge and experience has led me to understand that a solicitor is required as a "middle-mad" when engaging a barrister. Could you use a private, non-practising solicitor? i.e., someone with a law degree who works in house for a large company.


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    #2
    myshirt
    Registered Users Posts: 5,245 ✭✭✭myshirt


    Why do you need a barrister firstly?


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    #3
    testicles
    Closed Accounts Posts: 1,198 ✭✭✭testicles


    This post has been deleted.


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    #4
    bajer101
    Registered Users Posts: 2,178 ✭✭✭bajer101


    myshirt wrote: »
    Why do you need a barrister firstly?

    I don't. Sorry, no red top personal interest angle here, I am just interested.
    testicles wrote: »
    This post has been deleted.

    What does? How does it work? Thanks.


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    #5
    CIARAN_BOYLE
    Moderators, Sports Moderators Posts: 14,599 Mod ✭✭✭✭CIARAN_BOYLE


    bajer101 wrote: »
    What does? How does it work? Thanks.

    There's professional exams you need to pass


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    #6
    CeilingFly
    Closed Accounts Posts: 3,378 ✭✭✭CeilingFly


    Different barristers have different specialities, so in my opinion a solicitor is best person to recommend a barrister for a specific case.

    Also solicitors in many cases to the leg work of a case as they'll have the relevant staff whereas a barrister would normally not have staff.


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    #7
    bajer101
    Registered Users Posts: 2,178 ✭✭✭bajer101


    CeilingFly wrote: »
    Different barristers have different specialities, so in my opinion a solicitor is best person to recommend a barrister for a specific case.

    Also solicitors in many cases to the leg work of a case as they'll have the relevant staff whereas a barrister would normally not have staff.

    I'm not disagreeing with any of that, but my question is, who can instruct a barrister?


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    #8
    myshirt
    Registered Users Posts: 5,245 ✭✭✭myshirt


    bajer101 wrote: »
    I'm not disagreeing with any of that, but my question is, who can instruct a barrister?

    Your initial question makes zero sense, and I mean zero, so that is why the probing questions are needed.

    A solicitor typically instructs a barrister, but a barrister can be engaged directly on a select few issues and tasks. It is not Black and white. The best thing you can do is state loud and clear why you think you need a barrister.

    Someone with a law degree is only best placed to give you a steer or point you in the right direction. They are not best placed to give you the advice you need. Your solicitor should be your first port of call for anything you cannot grasp by yourself.


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    #9
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,710 Admin ✭✭✭✭✭hullaballoo


    At the moment, the answer is unclear tbh.

    Before the commencement of the Legal Services Regulation Act, only solicitors and certain others could directly instruct a barrister. The Act is now in force for the most part but it's unclear at this moment in time whether barristers who are also regulated by the Bar Council and subject to their Code of Conduct can accept instructions from outside of the prescribed list.

    It is a transitional period at present and no one knows what the profession will look like on the other side of the transition as it's still up for discussion.

    Fwiw, my own belief is that the outcome of the LSRA and its machinations will be an even further divided legal profession where there will be about 4 different kinds of barristers, some of whom will be accepting instructions from anyone but most of whom won't.


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    #10
    Avatar MIA
    Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    bajer101 wrote: »
    I'm not disagreeing with any of that, but my question is, who can instruct a barrister?

    Some other professions can liaise with a Barrister, an accountant being one.


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