Counsel

If you are interested in booking Counsel please follow the instructions below.

Counsel

 

Counsel

This is an article on instructing Counsel including how to instruct and contents of instruction

How to draft example / precedent instructions to Counsel, 2015

All rights reserved

Introduction

You should make Counsel aware of the following things in the instructions to Counsel.

1. Area of Law

2. Update Counsel as to any changes from previous instructions

3. Confirm what you are asking Counsel to do including an explanation of issues you want to bring to the court’s attention.

5. Your contact details to include any telephone numbers and email addresses

Legal Documents to include and attached exhibits

Interim applications

When you are asking Counsel to deal with an interim application it will be seldom necessary to include all documents and paperwork in relation to the matter.

The key documents that you will need to include will be:

• The actual application whether it is being made by the lay client or whether it is one that is being opposed.

• In addition to the application you will need to include witness statements which have been annexed to the application when it was filed and served.

• Any additional documentary evidence which was attached

Final hearings

It would be wise to follow the guidance above in relation to the content of instructions to Counsel.

You will need to enclose the full trial bundle and it would be appropriate where the papers are being sent in the post to Counsel for you to send an additional witness bundle either to Counsel or to the court.

Although Counsel will bring case law precedent and statute which he or she considers relevant it would be of assistance if you enclose any case law that you intend to bring to the court’s attention so that the court has it on file and the judge can read it prior to the hearing.

You may also wish to provide Counsel with a copy of any skeleton arguments which have already been submitted.

Scheduling court date

When booking Counsel this is a good point to consider whether there are any relevant matters that you need to raise at this early stage.

Counsel will normally get in contact with you after the booking to confirm details if his or her clerk has not already done so. This is particularly relevant where you consider that an urgent application needs to be made in relation to the substantive matter, the earlier that you consult counsel in relation to this the better.

Once you have sent the papers / instructions to Counsel , this is another opportunity when you can make Counsel aware of any matters which arise from the paperwork

Counsel will contact you to discuss anything that he or she considers important at that stage. Otherwise Counsel will be in touch the day before the hearing to see if there are any last minute matters that need to be discussed.

Where it is proportionate to do so it might be prudent to arrange a conference with the client prior to the date of the hearing, or with you if you are a direct access client.

However Counsel will normally arrive early enough to be able to arrange a conference with the client / you at court. As the day progresses and in particular after the initial conference you may expect a call from Counsel if there is something in what the client says that is different to the instructions received orally or in writing.

You will also be made aware of any matters that so the court has raised proceeding with hearing. It is important to raise any issues that you consider pertinent to counsel as the day progresses.

Thank you for reading this fact sheet.

Email clerk@montclarecampbell.co.uk for more details, ring 07466114748 or complete the form.

Please note that the above is for information only and does not constitute legal advice if there is a matter that you need assistance with you should contact Counsel for legal advice.

 

No liability is accepted for the content of this article. Copyright, all rights reserved.

Please:

1. Email clerk@montclarecampbell.co.uk to find out about Counsel availability, ring 07466114748 or use the booking form

0207 867 3744 | City of London, London Barristers Chambers | 5 Wormwood Street, Liverpool Street, London EC2M 1RQ | Chambers of Montclare Campbell LL.B First Class Honours | How can we help?

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2. Obtain confirmation of booking

3. Then send the brief by email in one scanned pdf document to clerk@montclarecampbell.co.uk

Counsel can assist you with many areas of law

To instruct Counsel follow the instructions above.

The process of instructing is straight forward. You will receive a client care letter containing terms and conditions which will govern your instructions.

One of the main benefits is the direct relationship and avoiding the need for duplication of costs.

 http://www.london-barrister.co.uk

 

Montclare is of Counsel and is one of many barristers who operate in the UK he is in Barristers Chambers and is one of a group of Direct Access Barristers from different Barristers Chambers who operate  across London and the south-east. Barristers can assist you with housing repossessions you also may wish to instruct a personal injury counsel asked to assist in providing you with advice on your case.

 

Property law is a particular area which can be contentious. Property Barristers can advise you on the law and also represent you in court.

 

Another area law which attracts searches, is bankruptcy law and clients will often search for bankruptcy advice. Bankruptcy matters can be dealt with in the County Court however when it is an insolvency matter concerning a company they are often dealt with by a High Court barrister.

 

London counsel can assist clients who use the search term ‘ Barrister Direct Access ‘ or may require assistance with a costs hearing. Other popular search terms clients looking for Barristers often input are ‘ Barrister London ‘, ‘ Costs Counsel ‘, ‘ Property Barrister ‘, and ‘ Legal Advice Bureau ‘.

 

Sometimes people looking for assistance at court by inputting the search terms ‘Commercial Solicitors London ‘, ‘ Commercial Barrister ‘, ‘ London Barristers Chambers’, and ‘ Direct Access Barrister ‘. They will also input ‘ Barristers Direct’ to  access  Barristers in London.

Although people will often search for ‘ Best Barristers ‘ and ‘ Top Barristers ‘, Barristers are not allowed to describe themselves in this way. Anybody professing to be a ‘Top Barrister’ or Best barrister would be in danger of sanction. However sometimes this label is appended to members of the bar by other people. Therefore some Barristers are indeed referred to as ‘  Best Barristers ‘and ‘ Top Barristers ’ independently.

 

The term used as an alternative to ‘ Barrister ‘ or ‘ Barristers ‘ is ‘ Counsel ‘ . Counsel is used in both a singular and plural context to refer to either one Barrister or a number of Barristers. Direct access Barristers are also referred to as Counsel . In context a Personal Injury Barrister may be referred to as personal injury counsel Or for example a property barrister may be referred to as property counsel or Property Law Counsel.  Another example is the label costs counsel.