It is an interesting subject. In all the time I have been working with the specialist barristers, I have come to value the straight lines. There is very little left to the imagination. The most spectrum filled area of Law is probably Family Law. The reason being the variables and leniency allowed. Which is understood, with having children and vulnerable parties involved.
What I generally understand & appreciate is the need for clear positions. When a person is seeking representation or advice. Once we have received a complex family matter, perhaps involving a child arrangements application or divorce application. It is important the client is aware the barrister taking on their case is available, empathetic and experienced. This is where an experienced clerk will value the relationship with his barristers. Barristers will immediately inform you if they feel or believe they are not suited or inexperienced for the case. If a clerk is suggesting a barrister it is probably due to the inside information. Perhaps they come across a similar case or they are aware of the barrister’s experience.
A barrister can be instructed by a member of the public. As long as the barrister deems you a suitable person for Direct Acces or Public Access. For example, if a person who had a hearing in Central Family Court London. Required a barrister to represent them at the hearing. It could be a First Hearing Dispute Resolution Appointment, where you will need a barrister to negotiate and try to find a middle ground. This is where a barrister trying to settle the matter will be trained and experienced enough to know. The best outcome is to settle the issues.
Can a Barrister act for Family Member?
This is where we value the straight lines. Why would it matter if a barrister was acting for a family member? Well, the issues could challenge the barrister’s independence. The whole ethos behind the barrister’s role is to be independent when offering their opinion. Even in court, we are entrusting the barrister to remain truthful to the facts and dutiful to the courts. Can a Barrister help and guide a family? The answer is Yes and No. They can offer a small guidance. However, the moment it would challenge their independence they will recuse themselves.
Can you instruct a barrister for a Family Member?
Yes. We have had many instances, where a mother wishes to assist her son in his legal case. Parents are generally, able to call us now and ask for a barrister to attend court for their children.
We can speak with the barrister, who will be able to confirm their availability and their readiness to accept instructions. The Client Care Letter will be prepared in the name of the person seeking legal advice or representation. The funds can be paid by anyone.
If you have any questions feel free to email us at [email protected]