What Solicitors Want: The Holy Grail of the Solicitor & Barrister Relationship
L to R: Sue-Ella Prodonovich, Dallas Campbell (Suncorp), Antonia Rose (Webb Henderson), and Tobin Meagher (Clayton Utz)
What solicitors want when briefing a barrister was the theme of a recent CPD panel discussion hosted by the NSW Bar Association. A range of practical ideas was presented by panel members comprising Antonia Rose (Webb Henderson), Tobin Meagher (Clayton Utz), Dallas Campbell (Suncorp) and facilitated by Sue-Ella Prodonovich from Prodonovich Advisory.
Talitha Fishburn, Barrister at Wardell Chambers attended the session and generously agreed to share her notes:
“We need to brief counsel. Hand me that list…”
What are the factors that make a barrister a "barrister of choice" in 2020?
Gone are the days of whisky-laden trolleys, cerise-ribboned briefs, Luddism being de rigour, prohibitions on barristers visiting solicitors offices, and women barristers being “novel”.
Assuming the barrister has the right skills, expertise and seniority, the following characteristics shed light on a good barrister with “effective communication” topping the charts.
What makes a good barrister?
Good communication (e.g. they return calls promptly, even if just to say they are busy, but “checking in”)
Easy to work with (e.g. not precious or idiosyncratic)
Rolls up the sleeves (e.g. not precious and will fully engage)
Not afraid to express an opinion (c.f. very very very carefully couched opinions)
Frank advice (e.g. be open to discussing realistic prospects)
Decisive (e.g. will sort the wheat from the chaff and not run the “kitchen sink” of potential arguments)
Pragmatic (e.g. sorts through the “academic” issues to the real issues; gives succinct advice - gone are the days of the long case summaries…just get to bottom line and show the reasoning)
Hardworking (e.g. goes the extra mile, delivers to the deadline)
Collaborative (e.g. open to discussing strategy with the broader legal team and client)
Client friendly/ability to deal with clients (e.g. amenable to meeting the client and can be trusted to be put in front of client Board of Directors if necessary)
Time management (e.g. being honest with time/priorities and delivering when you said you would)
What do the good barristers do (some tips and examples)
Good communication (e.g. a quick phone call at the outset to confirm that the brief has been received and will be looked at shortly)
Provides feedback (e.g. will be honest with how they work, how they like the brief to be prepared, what is working and what is not etc)
Is open to early briefing
Honesty/frankness (e.g. on prospects)
Plain speaking, direct and clear (e.g. no “subtext” or riddle speak)
No “late surprises” (e.g. get to heart of key issues, and do it early)
Creative thinking (particularly early in brief and in strategy)
Characteristics to avoid…when to hit “pause”
Poor communication (e.g. talking over solicitor/client or “mansplaining”, that is, being condescending to solicitor or client, especially junior members of staff)
Inconsistent behaviour (e.g. talking differently to senior/junior lawyers)
How to identify suitable barristers you haven’t before briefed
Talk to colleagues (e.g. those who have had first-hand experience with the barrister)
Talk to the floor clerk
Talk to other barristers you know about other good barristers
Observe other barristers in court, including the opposition for subsequent briefs
What has changed in how barristers are selected in recent times
Diversity considerations (e.g. equitable briefing policy)
Clients being more involved and wanting to play a part in selecting the barrister