Why Brief a Barrister?
Barristers are courtroom specialists. They are highly skilled advocates who have received specialised training in presenting cases in a court or tribunal, both orally or in writing. They play a key role in the administration of justice by presenting their clients’ case as persuasively as possible, to achieve the most favourable outcome.
Our barristers are expert advocates in their fields of practice and regularly represent their clients across a broad range of jurisdictions, at trial level and on appeal.
Courts in which our members are briefed to appear include all Federal Courts, such as the High Court of Australia, Federal Court of Australia, Federal Magistrates Court, Family Court of Australia, as well as State Courts, such as the Supreme Court, District Court and Local Court of New South Wales. They also appear in specialist courts such as the Land and Environment Court and Industrial law jurisdictions.
Our members are also briefed to appear in tribunals such as the New South Wales Civil and Administrative Tribunal (NCAT) and at coronial inquests and commissions of inquiry, such as the Independent Commission Against Corruption (ICAC).
Barristers are trusted advisors to their clients. They provide expert legal advice, which not only extends to the provision of legal opinions, but also to drafting and settling documents, such as pleadings, affidavits, contracts, policies and general correspondence. Our barristers are regularly briefed to provide legal advice in their areas of expertise. Dispute resolution specialist litigation is not always the most efficient and effective way to resolve a legal dispute. As dispute resolution practitioners, barristers have a broad, multi-disciplinary skill-set, that enables them to facilitate the resolution of disputes in forums other than in court, such as mediation, conciliation or arbitration “Alternative Dispute Resolution” (ADR). Several of our barristers have undertaken formal training in ADR and can act as arbitrators or mediators. All can be briefed to appear to act on behalf of clients at mediations and arbitrations.
Briefing a Barrister
A barrister may accept a Brief to Appear and/or Brief to Advise in one of three ways.
1. Referral Briefs: from Solicitors in Law Firms
All barristers at Frederick Jordan Chambers accept Briefs to Advise and/or Briefs to Appear from solicitors in law firms, in accordance with the “cab rank” rule. This rule obliges barristers to accept any work in a field in which they hold themselves out as having competence to practise.
2. Direct Briefing: from Solicitors in Corporate Organisations and Government Departments
Most barristers at Frederick Jordan Chambers accept briefs from solicitors in corporate organisations and government departments (also described as “in-house counsel”).
In-house counsel who are interested in briefing our barristers should contact our Clerk.
3. Direct Client Access Briefs: from Members of the Public
“Direct Client Access Briefs” refers to any briefs received and accepted by barristers from members of the public, without the person first engaging a solicitor.
Not all barristers at Frederick Jordan Chambers accept Direct Client Access Briefs and there is no obligation placed on a barrister to accept such brief.
There are rules which outline what work can be done by a barrister where a Direct Client Access Brief is accepted and what disclosure must be first made to a direct access client prior to the acceptance of such brief.
For more information about which of our barristers accept Direct Client Access Briefs, and the requirements for briefing a barrister in these circumstances, please contact our Clerk.
Level of Seniority
Barristers are either Senior Counsel or Junior Counsel.
Frederick Jordan Chambers is home to some of Australia’s leading Senior Counsel. Senior Counsel (SC) (also known as Queen’s Counsel (QC) or “Silks”) are highly experienced barristers of many years standing in the legal profession. They act in complex matters and are often briefed in conjunction with one or more Junior Counsel.
As the largest set of chambers in New South Wales, Frederick Jordan Chambers offers the experience and expertise of over 80 junior counsel, across a broad range of practice areas. Our junior counsel usually appear alone in a Court, Tribunal and/or other dispute resolution forum, unless the matter is sufficiently large and complex, and warrants them to appear with Senior Counsel.