Maximising the solicitor/barrister relationship in a matter

The following draws on my experience of how best to provide legal services to your clients when briefing me. 

I realise the precise form suggested is not always achievable.

If you would like to do things in a different way I am happy to hear suggestions.

  • I prefer to be briefed electronically.
  • I prefer conferences with clients to be in person, and the first conference with the client should be in person unless an alternative is arranged beforehand. My secretary, Rhonda (rhonda.fowler@fjc.net.au ), will usually ask why a conference is not to take place in person. In my experience too much is lost in AVL/telephone discussion with a client I have never met.
  • I prefer to be briefed with individual documents with meaningful names and dates, preferably adopting as much of the naming conventions discussed in this link – https://ebriefready.legalready.ai/knowledge/file-naming-conventions/ – as possible. A consolidated brief in addition can assist navigation by reference to the page numbers in briefs.
  • Consolidated briefs must be bookmarked with recognisable (see above) bookmark names (I will often split them using software and the software splits on bookmark names).
  • The brief I have and my junior’s brief should be identical.
  • A brief should be delivered at least 7 days prior to a conference or any other activity involving me.
  • Every brief and all documents should be copied to rhonda.fowler@fjc.net.au in the same email as they are sent to me.
  • If you want me to look at something the request to do so deserves a separate email – you should not include hearing or other dates, requests for advice or inquiries about availability in emails attaching documents.
  • Lengthy observations on brief often do not help. Critical dates and numbered requests for advice on specified issues, even if general (liability or prospects, for instance), are more use than a lengthy recount of information hopefully contained in the brief. If a fact is important and is not apparent from the brief (sometimes the case with procedural or interlocutory circumstances) inclusion of this fact is useful.
  • Pleadings when filed should be sent immediately, in accordance with the above.
  • Court timetables are helpful information – even the court generated generic listings will help.
  • Prior to second and subsequent conferences a synopsis/agenda should be sent by no later than 3pm on the Friday (or last working day) of the week prior to conference (That’s when Rhonda stops work – and it costs your client nothing to have her sort out the material whereas I will charge for it if I have to do it).  
  • The synopsis/agenda should
    • Set out in chronological order developments since the last conference;A list of documents served by all parties.A list of documents obtained on behalf of your client which have not been served, their date, and any issues arising from them or reasons for non-service. If my advice is required on service this should be statedList, in chronological order, upcoming deadlines.Pose any questions which need addressing in the conference.
    • Explain any issues foreseen in the smooth running of the case.
  • I aim to provide written advice after every conference. If you haven’t received it within 7 days you should chase it.
  • Before a court listing at which a hearing date is likely to be allocated a review conference with the client should take place to ensure, if a hearing is allocated, the matter will be ready when the hearing arrives.
  • A lot of time is lost with 1 line emails going back and forth. My work mobile number is part of my email signature: ring it rather than starting a game of email ping pong.
  • Since in almost every matter the end result will be a mediation or hearing I recommend preparation of a Court Book from the outset (an iterative Court Book). It can and should be added to as a matter progresses. It should have an index reflecting up to date contents. If this method is followed a Mediation Bundle, Court Book or brief to an expert (and possibly an up-to-date brief) should be able to be prepared almost instantly, avoiding the last minute panic to get these things done.