What are instructions to counsel?

Asked by: Audreanne Predovic  |  Last update: February 19, 2022
Score: 5/5 (36 votes)

The principal purpose for instructing Counsel is [to attend the hearing on [DATE OF HEARING] at [TIME OF HEARING] at [COURT NAME] OR [to advise on [evidence OR in conference OR in consultation]] OR [to draft [particulars of claim OR defence]].

What does it mean to instruct counsel?

Instructing counsel to advocate on a client's behalf should be a matter of careful thought and preparation. The role of counsel is to provide independent objective advice and to deploy the skill of advocacy on behalf of the client.

Who prepares instructions to counsel?

In order to obtain Counsel's advice on any of the above, a solicitor drafts a set of "Instructions to Counsel'. (but see 2.1. i above when counsel is being briefed to appear in court in which case the document is called a 'Brief to Counsel'.

What should be included in a brief to counsel?

A well prepared brief will normally contain the following:
  • Index. The index should be the first page of the brief. ...
  • Instructions to Counsel (Areas of Practice) The instructing solicitor should select a barrister who practices in that area of law and is available to accept the brief. ...
  • Documents. ...
  • Cover or Backsheet.

What is the difference between instructions and brief to counsel?

When it is appropriate to use a barrister, the barrister is sent 'Instructions' (when asked to give an opinion on a case) or a 'Brief' (if the barrister is to appear in court). ... A brief background which usually sets out the relevant events in chronological order.

Drafting a Brief to Counsel Trailer

19 related questions found

What rights of audience do solicitors have?

Solicitors and registered European lawyers (RELs) are granted rights of audience in all courts when they are admitted or registered. However, they cannot exercise those rights in the higher courts until they have complied with additional assessment requirements.

How do you instruct a solicitor?

Do your research – ask friends, family and colleagues for recommendations and make sure you instruct a specialist conveyancing solicitor. Be aware of what duties they'll undertake on your behalf and ask whether they're on your mortgage lender's panel of solicitors and can act for both you and your lender.

How do you write a counsel brief?

The front-sheet of a brief should contain the following information: the identity of the client; • the court in which the matter is proceeding; • the date the matter is listed; • the identity of the instructing solicitor; • whether or not there is to be a conference; and • what has to be done.

What are observations to counsel?

Observations to counsel. Index to brief to counsel.
Generally the brief should contain:
  • some brief observations of the facts relating to the work the barrister is asked to perform;
  • the specific questions (if any) upon which the barrister's advice is sought; and.
  • the documents relevant to the issues.

What types of legal briefs are there?

Legal briefs are used as part of arguing a pre-trial motion in a case or proceeding. Amicus briefs refer to briefs filed by persons not directly party to the case. These are often groups that have a direct interest in the outcome. Appellate briefs refer to briefs that occur at the appeal stage.

How do you address a barrister in a letter?

In practice, legal faculty are addressed as 'Mr./Ms. (Name)' in the style of their practicing legal colleagues. —-#4) See next post for a lawyer or attorney and spouse (Joint form of Address).

What is a conference with counsel?

What is a conference with counsel? A conference simply means a meeting with the barrister who has been instructed by a solicitor to advise on or be the advocate in a case. There may be two barristers if the case warrants this, a QC who will advocate at the hearing and a Junior Counsel or just a Junior Counsel.

What does a brief to counsel look like?

Brief to counsel is a summary prepared by a solicitor for a barrister, containing all of the information and documents relevant to the presentation of a case in court. A brief to counsel, at a minimum, contains instructions from the solicitor to counsel regarding the specific work to be undertaken.

Can I have a barrister without a solicitor?

If you do not have a solicitor working for you, you can go directly to a barrister yourself if they are a “Public Access” barrister.

Can I speak to my barrister directly?

Direct access barristers

It is possible to approach and instruct a barrister directly without having to go through a solicitor. Barristers can do the following: advise you on your legal status and rights. draft and send documents on your behalf.

Who can a barrister accept instructions from?

4. As a self-employed barrister, you may accept instructions provided you are: appointed or instructed by the court; instructed by a solicitor or other professional client.

Can a barrister work in a law firm?

Barristers, however, are not always self-employed. Some barristers are employed 'in-house' at law firms and large commercial organisations (such as the Government Legal Service), which takes away the uncertainty associated with being self-employed and brings with it regular income and benefits.

What kind of work does a barrister do?

Barristers are regulated specialist legal advisers and court room advocates. They can provide a range of services, including: representing people or businesses in court or tribunal or another formal setting, making their case for them; advising their clients on the strengths and weaknesses of their case; and.

Can barristers refuse cases?

Despite the low fees associated with legal aid cases, the cab-rank rule clearly states that you should still represent the client. Equally however, if the barrister will not be paid appropriately or the client is not willing to pay an appropriate fee, they can refuse the case.

How do you refer to counsel?

"Counsel" is used to refer to a barrister who is instructed on a particular case. It is customary to use the third person when addressing a barrister instructed on a case: "Counsel is asked to advise" rather than "You are asked to advise".

What does a junior counsel do?

Reviewing, drafting, negotiating a wide range of agreements and providing legal advice on business issues. A junior lawyer within the commercial team dealing with the day to day commercial work.

What is a backsheet law?

Traditionally legal documents such as conveyances and other deeds would have a backsheet page as the last page bound so that the written side was facing downwards. The purpose of the backsheet page is similar to the cover of a book. ... Modern deeds and similar legal documents are generally printed on A4.

Does a solicitor have to follow your instructions?

Failure to Follow Instructions

While you may lean heavily on your solicitor for advice, the decision of what legal steps you take is ultimately up to you. Therefore, a solicitor may be negligent if they do not follow the instructions you give.

What does looking to instruct mean?

Instructing is a regularly used term in the property/conveyancing industry. ... This basically means telling your chosen conveyancer to act for you and to start work.

Why do solicitors instruct barristers?

A solicitor will usually instruct a barrister to represent their client in court for two reasons: their commitments to their other clients mean they can't attend court on that day, or they feel that the case requires a specialist advocate or expert guidance.