Input from barristers before statement submission to court

[BigLes]

Hi All,

Would anyone advise asking for a barrister’s input into a statement (be it a position statement, witness statement, or final hearing statement) before it is submitted to the court? In my limited experience I have found that barristers have a perspective that solicitors do not, and they can offer insight into what happens in a court room and what a judge/magistrate likes to see. Once the statement is submitted they can only use that insight to any real effect on the day of the hearing. If however, they were allowed to give their thoughts on the content of a draft statement then their input would be more proactive.

 

[Roblox]

Yes doesn't hurt.

I was fortunate to have a family friend that was a barrister in family law. He gave a perspective and definitely helped.


Make sure they're a good one.

 

[Ash]

If it's a direct access barrister, they are usually happy to look over statements and advise or suggest the odd thing (but not to the extent of helping you write it from scratch as that's a solicitor's job usually). A direct access barrister should also do a position statement of their own so you don't need to (you might need to ask them to - some do, some don't and it might depend what kind of hearing it is as well).

But if you're using a solicitor as well as a barrister you usually have no direct contact with the barrister until the day of the hearing. Everything is done via the solicitor, who works directly with the barrister. It's why I prefer using a direct access barrister. But there are times when you might need assistance from a solicitor (eg to exchange statements before final hearing and prepare the bundle).

Solicitors never seem to do position statements and usually tell you you don't need one. I don't agree with that. I bypassed that once and did one anyway and that had a lot more effect than the solicitor did!

I read your other thread - if you've been using a solicitor all this time and it's taken 1.5 years, then maybe consider not using one and just using a direct access barrister. You can have a one off consultation with them first, which is all that's needed and they will represent you at the hearing and either look over a position statement or write one themselves. They can say things in a PS that we can't. Because if we criticize the Mother it counts against us. If a barrister does it, it has power.

 

[Roblox]

I'd also add that in my experience whilst solicitors can be great for the divorce side of things they can often just be padding things out and incurring unnecessary costs on the child matter side of things as a lot of the child matter stuff is actually just admin.

 

[BigLes]

The solicitor said that they don’t normally allow barrister input into a statement as it adds additional cost. She said that they can discuss general matters etc in a meeting before statement submission. My feeling is still that a second pair of eyes (and a pair of eyes that is regularly in a court room and speaking to magistrates/judges) would be useful. An extra £300 (or whatever it will cost) on top of a predicted total outlay of ~£18k can’t hurt!

 

[BigLes]

I'd also add that in my experience whilst solicitors can be great for the divorce side of things they can often just be padding things out and incurring unnecessary costs on the child matter side of things as a lot of the child matter stuff is actually just admin.

100%. £25 for reading my email asking for a copy of my court order. £25 to reply to me saying it would be sent to me when it arrived. £25 for her call the courthouse asking where my order is. I’d imagine another £25-75 for posting and emailing the sealed order and countersigned + redacted copy of the order. It adds up.

Part of the reason why I ask so many questions on this forum is so that I don’t have to ask my solicitor and be charged £50 for her reading and then replying to my email!

 

[Roblox]

100%. £25 for reading my email asking for a copy of my court order. £25 to reply to me saying it would be sent to me when it arrived. £25 for her call the courthouse asking where my order is. I’d imagine another £25-75 for posting and emailing the sealed order and countersigned + redacted copy of the order. It adds up.

Part of the reason why I ask so many questions on this forum is so that I don’t have to ask my solicitor and be charged £50 for her reading and then replying to my email!

Yes I had similar. I need to get a hair stand test done and they charged me for getting quotes which they then relayed to me...

I think from my experience you use solicitors for advice on child matters but do leg work yourself unless costs aren't an issue I suppsoe

 

[Roblox]

Needed