Just wondering if anyone has had any experience of going as far as being appointed a barrister through their solicitor before deciding to seek a direct access barrister of their own just before their final hearing even if costs have been paid for the appointed barrister?
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Direct access barrister before final hearing
- Thread starter Lee79
- Start date
I'm sure others will be along soon, but technically you shouldn't have already paid for the solicitor appointed one in advance, although you might have been asked for a deposit to secure them. If enough notice is given you could ask for the deposit back (and may or may not get it).
I had suggested he might be better with a good Direct Access barrister for the hearing, rather than paying for both a Solicitor and a cheaper barrister. But he could check out the barrister that's been recommended. Just going by my own experience. The barrister my solicitor had chosen was very cheap (for a barrister) and hadn't had much experience (and not particularly well qualified) and usually only acted for Mothers. I changed team before the final hearing and wished I had just used the barrister and saved on the solicitor costs - once statements have been exchanged there's not much a solicitor needs to do really. And a barrister (if instructed) can make sure an order is written up on the day (not that shady business of leaving solicitors to write it up afterwards and them word it badly!)
Lee - do you have a link for the appointed barrister? In my case my ex went with a cheaper one recommended by her solicitor and my barrister wiped the floor with hers 
. Mine wasn't massively expensive, but I reckon any barrister costing £1000 or less is not that good. They'd be ok if your ex doesn't have a barrister, but if she does you want one that will fight a Dad's corner and not be apathetic.
. Mine wasn't massively expensive, but I reckon any barrister costing £1000 or less is not that good. They'd be ok if your ex doesn't have a barrister, but if she does you want one that will fight a Dad's corner and not be apathetic.Okay. I haven't written up either story for the CAO (x2, final hearing listed now for the 2nd CAO) or the financial side of divorce things yet, but....
DAB or solicitor-advised barrister, either way, you pay the money and get the knowledge, guile and achievements for what you pay. Short cuts produce short results.
My best advice to anyone would be to invest in a 'as much as you can afford' at the time for a barrister, and for final hearings, financial or CAO, definately do this. I've had one solicitor and the associated barrister costs for five hearings, then sacked the solicitor off and self repped through four further CAO court appearances, now I'm repped for CAO final hearing, having got the financials well and truly sorted. I can 'afford it' again.
There are, no doubt, some good DAB's out there, but they will rely on a solid briefing from yourself. If you are good, unemotional, factual and have confidence, brief them yourself, otherwise ask here for help. In my circumstances, with the financials completed well and truly in my favour, I used the 'spare cash' (big lol) to reappoint a solictor and get on with my life/work. Others aren't in that position, or might never be, but the phrase about paying peanuts and getting **** is absolutely the case here.
Good luck, choose and spend well and, while it is cash painful, value the investment you make.
SS.
Ps....my final hearing for the CAO beauty parade of barristers, provided by my solicitor, ranged from 2.5k to 5k, with each asking 2k for a "refresher day i.e, the 2nd hearing day. I went 3.5k for the 1st day and that's ex vat. F**k it. We'll see later this year....
Yep mine was 4k for a full day hearing (plus VAT) - he was very good though. Agree about the costs - it's almost a waste of £1000 to pay a barrister if they're not very good and you could do as well self repping. But you need to be very confident to self rep IMO. For a final hearing it is worth paying for the best you can - just to avoid having a return to court because the order isn't good enough.
If it’s not a final hearing I’d self rep as not much can happen as they’ll probably given directives or need fact finding to happen with Cafcass. If you think you can hold your own in court self rep in the final hearing but if there is any allegations or underhanded behaviour then I’d go with a barrister. It depends on the case really, every case is different and depends what you ultimately want out of it. Only you can say if the juice is worth the squeeze. Money doesn’t grow on trees but cheap barristers are cheap as they are learning their trade so if your ex has a half decent one they’ll get chews up and use it as a learning experience at your expense.