What exactly does a family barrister do?

Insightful question…Unless you’ve had the misfortune to need a family barrister you most probably don’t have much of a clue what we do. Most people I meet (including my Mum, bless her) don’t have a very clear picture of what barristers do, let alone family barristers. And if your best source is (mainly american) legal dramas on telly you’ve probably got it completely arse about face.

So what does a barrister do? Some of what barristers do can also be done by solicitors, but these are totally separate professions, unlike America where all lawyers are – well, lawyers. Barristers are not more senior than solicitors, they are just different. Barristers are specialist advocates. We are trained in representing a client in court, in arguing a case and in cross examining witnesses at a trial. We are also often asked to advise a client and the solicitor about a specific aspect of a case, and sometimes to draft legal documents. Barristers tend to spend a good deal of their time in court, or on their way to court…or on their way back from court…we travel a lot. Barristers are self employed and cannot pick and choose what cases they take on. This is called the cab rank rule – if a fare comes along you take it. In most cases, to instruct a barrister you need to go through a solicitor, who will be responsible for the litigation part of a case (the taking of initial instructions, the issue of proceedings, the gathering of evidence, the preparation of a case for trial, and of course the instruction of counsel (barrister). Its still probably true that most barristers are from Oxford or Cambridge, but this is increasingly less true (I am part of an expanding minority of non-oxbridge types). In other respects also the bar is slowly becoming more diverse.

So what about family barristers? What do they do?

Typically a family barrister will represent either a parent or a local authority or a child in family cases. These will often relate to disputes about where a child should live or how much time a parent should spend with the child, disputes about the finances arising when couples divorce, disputes about property and finances when unmarried couples separate, injunctions where there is domestic violence and care and adoption proceedings when the state intervenes to try and protect a child from harm it thinks the child is suffering. We might represent a father or husband one day and a wife or mother the next (not in the same case obviously).

Because cases involving children need the court to keep a careful and regular eye on developments in the case, these cases often involve lots of short hearings at intervals of a few months. This and the nature of family work in general means that family lawyers are in court more often than most lawyers working in other areas. Not everything we do is a full trial, but a lot of what we do is in court. I am in court probably 4 days out of 5 each week, usually in a different place in London and the South East. I make a short trip to my desk most days to catch up on paperwork and make phone calls, but the bulk of my time is spent at court, taking instructions from and advising a client, addresing a judge or negotiating outside the door of the court.

In the family courts we rarely wear a wig and gown, but this does happen occasionally (if somebody has breached an injunction and the court is considering sending them to prison this is serious stuff and requires legal robes).

8 thoughts on “What exactly does a family barrister do?

  1. Thanks Lucy, Your viewing stats, and my knowledge, have now been improved. Caro x

  2. Thank you so much!
    I have tried everywhere looking for a clear explanation of this profession (specifically family law) for ages and finally I get it!!

  3. That really helps me understand why my solicitor is advising we use a barrister for the next hearing. Thank you

  4. […] of solicitors to have good relations with at least some barristers and vice versa. However, many (but not all) barristers consider themselves to be the more senior arm of the profession, to the chagrin of […]

  5. How much does a family law barrister for financial remedy charge? is it per hour? or would it be a fixed price?

    • It depends on their experience, the complexity of the case, the advice / representation required, travel time and cost and the amount of work involved – and whether or not they are being instructed directly or through a solicitor. Some will charge by the hour, others a fee for a specified piece of work.

  6. Can you find your own barrister even though your solicitor is already working for you, or do you have to have the solicitors barrister.

    • most often if a solicitor is instructed they will choose a barrister, as they will know who is available and likely to be suitable. But you are the client and are entitled to ask for a particular barrister or to be consulted about the choice of barrister – or to leave it up to your solicitor if you prefer (many people do prefer). Increasingly people do make their own suggestions to a solicitor, who may be able to say “good choice” or “wouldn’t touch that one with a bargepole” or “she isn’t available”. And increasingly solicitor do send their clients the cv / web profile of the barrister they are proposing to instruct / have instructed. It’s a bit disconcerting when a client comes to court and identifies your from your picture (or complains that you don’t look enough like your picture to be recognised at court!). Basically – you’re the client so it’s up to you. But do listen to your solicitor, as they will have experience and can guide you in your choice, and you do want to find someone who will work well with your solicitor to make a good team.

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