In England and Wales the roles of solicitor and barrister are distinct, even though both are qualified lawyers. Whilst hiring a barrister may seem like a duplication of work (and your costs), having a barrister working with your solicitor in preparation for a hearing is hugely beneficial.

Your solicitor will…

• Be your primary point of contact throughout the case. As a result of their ongoing involvement, they will have an in-depth understanding of your circumstances and objectives, that has typically been developed through regular conversations over many weeks/months.
• Advise you on your legal position and likely outcomes ahead of the hearing.
• Gather evidence from you and prepare court documents.
• Manage correspondence with the other party and the court.
• Support you through negotiations and interim decisions.
• Advise you openly and proportionately about whether instructing a barrister is in your best interests.
• Ensure your case is properly prepared and prepare a detailed brief for your barrister to review at the outset of their instruction.

Your barrister will…

• Typically be instructed to represent you at a particular hearing or to advise you in conference on a niche point of law.
• Specialise in advocacy and presenting arguments to the court both orally and in writing (having spent the majority of their professional life in court or preparing for court).
• Focus on how best to present your case in court, based on the preparatory work you and your solicitor have carried out. This will include identifying the strongest points in your favour and presenting your case persuasively and succinctly. As barristers are typically instructed later in a case, they can also be helpful in bringing a fresh perspective.
• Respond to the judge’s questions during the hearing on your behalf (taking instructions from you in real time as necessary) and deal with challenges raised by the other party.
• Cross-examine witnesses effectively.

Instructing a barrister does not reduce your solicitor’s involvement. Your solicitor will continue to support you before, during and after the hearing. They will also advise you on the next steps and future strategy. The idea of instructing both a solicitor and a barrister is to ensure you are as supported as possible throughout the whole family law process – both behind the scenes and in the courtroom itself.