Bar Association of Queensland

The following information may assist people who have not had previous experience instructing a barrister. 

There is presently a requirement that barristers undertake only "barristers' work" as defined by the 2007 Barristers Rule.

Make sure to:

• Check that the service you require is work of that kind a barrister is permitted to undertake.  The distinction is based on that kind of legal work barristers have traditionally undertaken and can perform most efficiently and cost-effectively.  It is in the public interest that the barrister perform the legal work for which barristers are best suited.
• Decide as precisely as you can the legal service you need.  If you want the barrister to represent you before a court or Tribunal, try to establish which Court or Tribunal, and the time, date and nature of the hearing.  Sometimes matters are in Court for 'mention' or 'direction' only, rather than for a full hearing.
• Ascertain the date, time, place and nature of the hearing day precisely as possible and give this information to the barrister.
• If the nature of the work is advisory only, write down precisely as you can the nature of the advice or the question to be put to the barrister.
• At this stage it is best to telephone the individual barrister to discuss what is required to engage the barrister's services, including fees, and to find out what information or documents may be required.
• When you have decided which barrister you wish to retain, discuss the fees which will be charged so that you (and the barrister) understand how much this matter will cost (or hourly rates to be charged), and other important information.

Documents to be supplied - Advisory work

You may ask a barrister to give you advice in writing or speak to you personally at a conference or meeting. In either case, the barrister must be informed, preferably in writing, of the nature of the advice required or the question upon which the barrister's advice is sought.

Relevant facts and documentation must also be supplied.  You should prepare a written list in date order which sets out the facts and events which you think may be relevant.  Documents should also be arranged in date order.  The barrister will require a copy.

Court and Tribunal Work

The barrister should be provided with copies of the following: 

• Court or Tribunal documents which commenced the proceedings, and any subsequent Court Documents.
• Any correspondence between you and anyone else involved in the proceedings.
• All witnesses statements, affidavits and statutory declarations which you may possess, either for yourself and your own witnesses, or for other parties.

It is best to prepare an index of these documents.  You should prepare a list by date order of relevant events and documents, with a cross-reference to the statements, affidavits or statutory declarations (including annexures and exhibits), to show where and how each relates to the case.  It is often helpful to write down your own thoughts about the matter, and the persons, events and documents which are likely to be relevant to the proceedings.

If the barrister is obliged to carry out work you could have done, such as sorting and listing documents, the cost of doing so might be included in the barrister's fees.

Usually it will be necessary to have a least one conference or meeting with the barrister before the proceedings.  All documents should be forwarded to the barrister prior to the meeting to allow sufficient preparation time.

Barristers' Work

The 2007 Barristers Rule (Rules 73 to 80) presently define "barristers' work" ( which a barrister may undertake) and work which a barrister may not undertake ( which is more appropriately performed by a solicitor). The distinction is maintained in the public interest as reflecting the functions which barristers have traditionally performed and which they can undertake most cost-effectively and efficiently.  The Rules may be varied from time to time. Click here to access the 2007 Barristers Rule.