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Query over order for FHDRA

Hey @Flozinho

Can I ask how old your son is please?

I currently have a CAO for 3 overnights per fortnight (plus half holidays), but am thinking of applying for a Variation (probably when she starts Primary school in September) to get 2-2-5-5 or 50/50.

So am trying to guage wether court might reject it as she is only 4yrs old.
My son is 7
 
Hi @Flozinho

I have booked 3-4 barristers so far, mainly through the Solicitor.

What I can tell you is that, usually, there are 3 components, you are almost at the hearing so I will tailor this accordingly:

- The instruction, what you want & what it will cover
The Barrister is usually therefore before the start of the hearing & you will meet up with them, you will be on a List of Cases for the day, so if you are lucky then the hearing is later in the day so you have time to chat in full with your Barrister.

if you would like to meet them before hand, you could suggest they meet you an hour earlier in a local coffee shop, albeit you may get charged for this (150-250 plus VAT)

Your instruction would be something like, I would like a DAB for a 1 hour FHDRA in the Family Court, I will meet the Barrister at X time.

- There is a DEEMED DATE which is when fee needs to be paid.
Make sure you are clear on this so that you pay them with cleared funds on time otherwise they will not chase for funds & you will not have representation. At this point, they will likely say funds are due now but if you need a bit of time just ask to pay it a few days or max a week before the hearing.

- The Position Statement
Once you have written this include print 3 copies & bring it with you to court plus send a copy to the Barrister, they will need to read it before they get into court. They can also exchange it on your behalf on the day, either digitally or using the three copies you take with you.

Just a quick note here, the PS can also be written by the Barrister for a small fee, usually same as a 1-2 hour meeting with them. However I am not sure you have sufficient time to brief the Barrister on your situation sufficiently before this hearing to enable them to compose - it's something to think about for the next hearing.

- HAGGLE
Every time I have booked, I have taken the price they've given me & just gone, it's a straight forward hearing, there are no additional case notes, it's only 1 hour, can you do this for £X & I've had a 50% success rate.

Be aware that a Barrister who is free this close to a hearing is likely to miss out on work, so they are more likely to reduce the cost slightly to get it - only do this if you actually intend to book that particular DAB

-CASE NOTES
If there is anything extra that you feel is relevant but hasn't been put in the PS, I would suggest collate it in a timeline order into a word document, call it case notes & send it to the DAB ahead of time so that they are fully briefed.

I hope that all helps :)
Hi @MagicJ

I have a DRA hearing of 1.5 hours in September. I have just been quoted £5,400 (Inc VAT) which includes preparation, a remote conference before the hearing, drafting of a position statement and representation at court. Very expensive and I cannot afford this. You mentioned haggling above, what would you ask them to reduce it by?
 
To be honest that sounds extortionate for a half day hearing. A very good barrister would charge between 2k to 2.5 for a half day hearing which would of course include representing you, and doing a position statement. A phone consultation would be extra (usually about 1k) but isn't actually necessary. Once you've hired them, they should accept you forwarding things by email (just one or two emails - you can't bombard them) which could include a written summary of your situation to update them.

An initial consultation can be useful though - but even so that should still come to no more than 3.5k. 5,400 is high end for a full day final hearing! I'd find another barrister.
 
To be honest that sounds extortionate for a half day hearing. A very good barrister would charge between 2k to 2.5 for a half day hearing which would of course include representing you, and doing a position statement. A phone consultation would be extra (usually about 1k) but isn't actually necessary. Once you've hired them, they should accept you forwarding things by email (just one or two emails - you can't bombard them) which could include a written summary of your situation to update them.

An initial consultation can be useful though - but even so that should still come to no more than 3.5k. 5,400 is high end for a full day final hearing! I'd find another barrister.
Yes, I was shocked at that quote and asked if it was right? They said yes and ......... on the basis of a 1 day final hearing would be around £8000+vat.
 
Hi @MagicJ

I have a DRA hearing of 1.5 hours in September. I have just been quoted £5,400 (Inc VAT) which includes preparation, a remote conference before the hearing, drafting of a position statement and representation at court. Very expensive and I cannot afford this. You mentioned haggling above, what would you ask them to reduce it by?

I have haggled as well, I got 37.5% off. It was at the enquiry stage for me. All I did was tell them the quote was out side my budget and let them know what my budget was. My expectation was having to book another barrister. They came down though. Not to exactly what I wanted. To what I wanted + VAT.
 
Hi @MagicJ

I have a DRA hearing of 1.5 hours in September. I have just been quoted £5,400 (Inc VAT) which includes preparation, a remote conference before the hearing, drafting of a position statement and representation at court. Very expensive and I cannot afford this. You mentioned haggling above, what would you ask them to reduce it by?
My first DRA cost 1.8k+VAT as did my second.

You have plenty of time, I'd ask around a few chambers before you settle on anyone

Is this for a KC level Barrister? What wasn't their year of call and year of Silk?
 
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I think the barrister he enquired about wasn’t available and they quoted this for someone else - presumably much more senior.
 
My first DRA cost 1.8k+VAT as did my second.

You have plenty of time, I'd ask around a few chambers before you settle on anyone

Is this for a KC level Barrister? What wasn't their year of call and year of Silk?
Thanks.
You had two DRAs?

After saying the original quote was too high.... the chambers gave me an alternative barrister that charges £2500+vat for the DRA to include a short zoom conference then £5000+vat for the 1 day hearing when listed. The barrister year of call is 2010 and is a junior (tier 6) from what I can tell more specialised in finance than child arrangement orders. So still expensive and I may not get good representation :(
I don't know what to do. I will keep looking and as you say ask around a few chambers before I settle on anyone. I just think it will come down to gut feeling as you dont get a chance to have a consultation before you commit to paying their huge fees!
 
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I have haggled as well, I got 37.5% off. It was at the enquiry stage for me. All I did was tell them the quote was out side my budget and let them know what my budget was. My expectation was having to book another barrister. They came down though. Not to exactly what I wanted. To what I wanted + VAT.
Thanks Resolute. Good outcome getting 37.5% off. Does your barrister practice in London? Were they good?
 
I used one of the direct access portals rather than going through chambers. She was good enough. Needed steering though and I did not really see her in action. We made agreement outside of court.
 
I used one of the direct access portals rather than going through chambers. She was good enough. Needed steering though and I did not really see her in action. We made agreement outside of court.
Thanks. Which portal did you use? Did you apply for 50/50? I need a good barrister who believes good fathers should get 50/50.
 
London has plenty of barristers to choose from. I'd be aiming for the following rates ex VAT:

1hr - 1000-1500

Half day - 1800-2500

Full day - 3000-4000

Obviously, this is if expenditure needs to be limited. If you have the money, 10-20k a day is justified (and easily possible 😲). You can get cheaper than the above rates. I'd consider that risky though.
 
London has plenty of barristers to choose from. I'd be aiming for the following rates ex VAT:

1hr - 1000-1500

Half day - 1800-2500

Full day - 3000-4000

Obviously, this is if expenditure needs to be limited. If you have the money, 10-20k a day is justified (and easily possible 😲). You can get cheaper than the above rates. I'd consider that risky though.
So the 2500+vat for the 1.5 hours DRA to include a short zoom conference then £5000+vat for the 1 day hearing are still on the high side
 
Thanks. Which portal did you use? Did you apply for 50/50? I need a good barrister who believes good fathers should get 50/50.
If you google Direct Access Barrister the main ones come up. I have no reason to recommend the one I used above others. From what I can tell, they are selling the same product.

There is a degree to which you get what you pay for. Rates I mention are based on what others have said they paid for good results. We do not put individual barrister names or company names on the forum. All the ones I know of have been shared with Ash. He keeps a log. Maybe it would be good to pm him.
 
IME there is only a half day or full day quote (certainly via Chambers). A 1 hour hearing is classed as a half day as that is the time allocated and it usually takes that long.

I think Flozinho has found someone now (if they're available). The quote you had for the other one was far too high.

Half day, as Resolute says, maybe 1800 to 2,500
Full day, minimum 3,000 for a good one and it can go as high as you like!. Personally I think you'd get a very good one for 4k for a full day (ie 2k for a half day).

Any consultation would be extra, but that is a one off cost and you don't have to have a consultation. The cost of that is usually about 1k for a one off consultation. It might depend what stage you're at as to whether a consultation is helpful or not, but once you've instructed someone, you're usually able to send them an email with attachments for anything that might be relevant to help them get to grips with the case. That could include a typed summary by you of what has happened and what you'd like to try and achieve (which is what I did).

Barristers won't correspond by email much - they are busy people and working in their heads the whole time to do a good job. You may get a one line response. Best to only send the one email.
 
IME there is only a half day or full day quote (certainly via Chambers). A 1 hour hearing is classed as a half day as that is the time allocated and it usually takes that long.

I think Flozinho has found someone now (if they're available). The quote you had for the other one was far too high.

Half day, as Resolute says, maybe 1800 to 2,500
Full day, minimum 3,000 for a good one and it can go as high as you like!. Personally I think you'd get a very good one for 4k for a full day (ie 2k for a half day).

Any consultation would be extra, but that is a one off cost and you don't have to have a consultation. The cost of that is usually about 1k for a one off consultation. It might depend what stage you're at as to whether a consultation is helpful or not, but once you've instructed someone, you're usually able to send them an email with attachments for anything that might be relevant to help them get to grips with the case. That could include a typed summary by you of what has happened and what you'd like to try and achieve (which is what I did).

Barristers won't correspond by email much - they are busy people and working in their heads the whole time to do a good job. You may get a one line response. Best to only send the one email.
Hi Ash

I have not found anyone yet. Still looking.
 
This is a conversation we have had a few times in individual threads. Might it be useful to have an article or a sticky along the lines of 'Booking a Barrister: Hints & Tips'?

It would be good to have a place where people can share details of difficulties they had and what worked for them. Stuff like booking conditions, deposits, costs/benefits of booking through solicitor, tasks to include in instruction, refunds... I have found booking a barrister to be a bit of a minefield tbh.

EDIT
If this happens, we should all be general in what we say. I'm not suggesting anything like an advertising board.
 
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This is a conversation we have had a few times in individual threads. Might it be useful to have an article or a sticky along the lines of 'Booking a Barrister: Hints & Tips'?

It would be good to have a place where people can share details of difficulties they had and what worked for them. Stuff like booking conditions, deposits, costs/benefits of booking through solicitor, tasks to include in instruction, refunds... I have found booking a barrister to be a bit of a minefield tbh.
If the bit at the start that is about my FHDRA and Cafcass safeguarding letter can be removed and it can only be about booking a barrister than yes no problem.
 
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