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Do I need a Barrist...
 
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[Solved] Do I need a Barrister?

 
(@whatdowedo)
Active Member Registered

Hi all

My case has progressed to the final hearing as the ex has disagreed with Cafcass recommendations. Everything put forward has been answered to and I've just been told that my ex has got a Barrister. My solicitor suggested that he could appoint one to represent me too but I don't feel I could afford that level of representation. I also don't believe I would need one.

As this is the first and hopefully the last time I go through something like this, I'm just wanting to know someones views who has been there and done that. Is there anyone that would go with the barrister at this stage?

Thanks in advance.

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Topic starter Posted : 25/07/2017 2:04 am
(@dadmod4)
Illustrious Member

If you are using a solicitor and barrister at the same time, you are potentially talking large sums of money (when I used a barrister about 10 years ago, the rate was about £2500 per half day for a London barrister). Is there a compelling reason why you (or your solicitor) think you need one?

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Posted : 25/07/2017 2:43 am
(@whatdowedo)
Active Member Registered

I have asked my solicitor his opinion about it but I've yet to receive a response. The only rationale given so far is because my ex has one.

ReplyQuote
Topic starter Posted : 25/07/2017 2:58 am
 Yoda
(@yoda)
Famed Member

Is your solicitor very young or lacking in experience? Do you have confidence in them? Solicitors are allowed to act as advocates, the same as a barrister can.

If you feel this is something you would prefer to do, it's worth considering the costs doing it via your own solicitor, and also get quotes from a direct access barrister and not involve your solicitor as you probably have all of the paperwork together at this stage of the proceedings.

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Posted : 25/07/2017 10:12 am
(@whatdowedo)
Active Member Registered

That he isnt. He's got over 30 years experience so not exactly young, lacking in experience or cheap haha.

To be honest I lack confidence in the entire process so far and by the time the final hearing comes about it will be nearly a year I've gone through it. I just found it to be an odd question and for something to surface like this on the final hearing is a bit off putting given that everything has gone in my favour on paper so far.

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Topic starter Posted : 25/07/2017 7:44 pm
(@mrb179)
Estimable Member Registered

Hi.

My personal opinion it would all be down to how confident you are. Myself I can hold my own in a debate but I think if someone was giving me a bit of a grilling in court I'd struggle.

I've had barristers at my first and second hearing and was glad I did second hearing although first one I fought was pointless. If you got the money then it got to be worth it at the final hearing especially if your ex has one. That's not to you wound not get the outcome your after without one.

I'm paying £900 for mine with final hearing coming up and I think money well spent but totally depends on the person and the complexity of the case and there has been many as I'm aware that have come and conquered without representation.

Good luck.

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Posted : 25/07/2017 7:55 pm
(@markdavies)
Active Member Registered

I had one . Worth every penny . But that is a personal view and without knowing your circumstances it's difficult to advise .For me I used one , against hers , for the difficult areas such as pensions , personal belongings and unsighted possessions , Mainly it'll be down to equity and not what the barrister says on the day. The judges despite what you have heard are no mugs . Scenario for me was... is there a reason for departure of equality in equity. Child involved ... wife worked but not enough earned for substantial mortgage or available monies from the equity to afford own home off proceeds . Outcome 60 / 40 % split . No pension claim , clean break

They are not cheap £2000 to £2500 per day ! Best option is a direct approach Barrister from one of the Chambers . These barristers all know one another from the local area and really IMHO know the outcome before you have started ..

If you had made an attempt for a deal at the start of proceedings ie letter ' to avoid costs... here is what I am proposing' at the outset go for costs ... You may be surprised especially if you have forked out to get to a final ...

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Posted : 25/07/2017 9:07 pm
(@marwood)
Eminent Member Registered

These barristers all know one another from the local area and really IMHO know the outcome before you have started ..

I think this is probably true for financial remedy proceedings, as there are fairly strict precedents, but children's act proceedings are far less predictable.

I'm currently spending a lot on a very good barrister, for the simple reason that if I don't get a good result and I haven't made every effort available, I'll kick myself. I appreciate that many others may not be in the financial position to do so though.

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Posted : 25/07/2017 10:42 pm
(@whatdowedo)
Active Member Registered

Me and my ex were never married. We do own a house together but we agreed I'd buy her out. Unfortunately this wasn't agreed via a solicitor or anything.

I've already spent around £3,000 for my solicitor over the course of the last 2 hearings. Cafcass basically recommended for everything to return back to what they were before all of the lies started to creep in.

I think the prices that have been put forward are what I was thinking they could be. It's well out of my price range. I was caught inbetween the legal aid system since there was evidence of domestic abuse by my ex and I was over the financial threshold.

It seems if this was a good course of action to take then id still be priced out of the ability to do so. Did Cafcass also recommend things in your favour prior to getting a barrister?

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Topic starter Posted : 26/07/2017 3:03 am
 Mojo
(@Mojo)
Illustrious Member Registered

Generally speaking a court will go with CAFCASS recommendations. If the case has gone in your favour this far, I see no reason why that shouldn't continue.

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Posted : 31/07/2017 1:35 am
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