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BAD EXPERIENCE WITH BARRISTER!

Nujra Rof

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I was looking for a direct access barrister for a first hearing on a CAO or prohibitive steps order and came across xxxxxxx. Initially it started well as he gave me some time on the phone which a lot of solicitors and barristers I found do not (all want funds on account or keep completely quiet and distant). He was busy on the court date but said he can appoint a junior who he felt was competent for this, I agreed to it based on his recommendation. A week later my ex wife had a letter from her solicitor sent to me stating I call off the hearing as it is a waste of time. Pretty straight forward response - NO. I wanted it to sound somewhat professional so I asked xxxxx if he could help and he quoted £350+vat! I literally replied and said "£350+vat for one letter :/ ' and he got really offended and stated I have trivialised the work involved and he didn't appreciate it and will now cancel the barrister for the hearing too!!

I was SHOCKED! I think that is a lot of money, so just wanted to ask, but he sent me a long message and I thought are you seriously cancelling my court hearing arrangements on a Friday evening in December. But I just thought I don't want him or his recommendation representing me as I am the one who is meant to be emotional right now, not my legal counsel.

If anyone has a London based (or able to travel) reasonably priced direct access barrister they can recommend I'd really appreciate it (thank you kindly)
 
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Hi. I'm sorry to hear this. I've removed the Barrister's name and Chambers as we have a rule not to name lawyers. I think this has been an unfortunate situation. Barristers don't do letters for you - that's a solicitor's job. If you are using a Direct Access Barrister and not using a solicitor, you need to do the communications with ex's solicitor yourself. If he did agree to do a letter for you that would have been an extra favour (albeit at a cost) as they don't do that kind of thing normally - although occasionally a DAB will agree to say help write a statement for an extra fee (also normally a solicitor's job),

Although £350 plus vat is a lot of money, the average solicitor charges £250 plus vat hourly and can easily run up a few hundred pounds just taking your instructions, reading the other side's letter, composing a letter and corresponding with you over any changes needed or whether it can be sent.

So actually I don't think his fee was over the top, considering what Solicitors charge. Barristers normally do a fixed fee for hearings - as that is their expertise - representing you at hearings (and also writing up orders if they are direct access). They are not cheap generally but you get a good service for the money (and results hopefully).

I think if you got emotional he probably just didn't want the hassle. Sorry this happened for you.

If you want help responding to the ex's solicitor's letters, we can help you compose an email response - without charge. It's a shame you have lost your barrister now though. To be honest I think they don't really like acting for people who ask them to do things a solicitor would normally do. Which may be another reason the fee was high.

Barristers are also people who don't communicate a lot - they are very clever people - have cases in great detail in their heads and perform very well at hearings - which is their main job - winning cases and being extremely prepared with dictionary level knowledge in their heads. So they can be a bit aloof and get offended easily. They expect being spoken to with respect so it's not like just dealing with the electricity board!

When is your hearing and do you have time to find someone else?

Without seeing your ex wife's solicitor's letter, it's hard to know the right response, but a simple polite, short email along the lines of

Dear Ms.Mr Ex

Thank you for your letter. I am not in agreement with cancelling the hearing. I hope matters can be resolved amicably during negotiations at the hearing. Yours sincerely, your name
 
Thanks Ash. That is so useful!! Honestly love the support and brotherhood on this forum. So true about the barrister being that way, was all a bit strange….

My court hearing is on 30th Jan so need a DAB for then, do you think I have enough time to find one?

I agree that as they sent me an email (with a letter attached) that I can just reply to the email as you’ve stated, short and sweet, no need to get into details, that’s for court.
 
Yes I think you'll have time to find another one :-)
 
Having said that, he could have been more sympathetic, but as you say he was probably offended.
 
Where is the best place to find one?
I'll message you. By the way I think it's better you're changing as the one you initially went to wasn't exclusively family law/children matters - he did all sorts. It's better to have one that is exclusively family law/childrens matters.
 
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I was looking for a direct access barrister for a first hearing on a CAO or prohibitive steps order and came across xxxxxxx. Initially it started well as he gave me some time on the phone which a lot of solicitors and barristers I found do not (all want funds on account or keep completely quiet and distant). He was busy on the court date but said he can appoint a junior who he felt was competent for this, I agreed to it based on his recommendation. A week later my ex wife had a letter from her solicitor sent to me stating I call off the hearing as it is a waste of time. Pretty straight forward response - NO. I wanted it to sound somewhat professional so I asked xxxxx if he could help and he quoted £350+vat! I literally replied and said "£350+vat for one letter :/ ' and he got really offended and stated I have trivialised the work involved and he didn't appreciate it and will now cancel the barrister for the hearing too!!

I was SHOCKED! I think that is a lot of money, so just wanted to ask, but he sent me a long message and I thought are you seriously cancelling my court hearing arrangements on a Friday evening in December. But I just thought I don't want him or his recommendation representing me as I am the one who is meant to be emotional right now, not my legal counsel.

If anyone has a London based (or able to travel) reasonably priced direct access barrister they can recommend I'd really appreciate it (thank you kindly)

I can recommend a barrister that I used last week for a Prohibited steps order, who I thought was good if that helps.

My ex had an aggressive type of barrister and mine was polite, courteous and things went our way.
 
I can recommend a barrister that I used last week for a Prohibited steps order, who I thought was good if that helps.

My ex had an aggressive type of barrister and mine was polite, courteous and things went our way.
Sure - could you direct message me the details? And an idea of cost if you’d be so kind
 
Ah ok every day is a school day in this process - exclusive family law makes sense :)
I can recommend a barrister that I used last week for a Prohibited steps order, who I thought was good if that helps.

My ex had an aggressive type of barrister and mine was polite, courteous and things went our way.
Can you please send me his or her details as well please. thanks.
 
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