How do you write a brief to counsel?

How do you write a brief to counsel?

Checklist for preparing a brief to counsel….Generally the brief should contain:

1. some brief observations of the facts relating to the work the barrister is asked to perform;
2. the specific questions (if any) upon which the barrister’s advice is sought; and.
3. the documents relevant to the issues.

What does a brief to counsel look like?

Brief to counsel is a summary prepared by a solicitor for a barrister, containing all of the information and documents relevant to the presentation of a case in court. A brief to counsel, at a minimum, contains instructions from the solicitor to counsel regarding the specific work to be undertaken.

What is the difference between instructions and brief to counsel?

When it is appropriate to use a barrister, the barrister is sent ‘Instructions’ (when asked to give an opinion on a case) or a ‘Brief’ (if the barrister is to appear in court). A brief background which usually sets out the relevant events in chronological order.

What is an instruction to counsel?

Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide independent objective advice and to deploy the skill of advocacy on behalf of the client.

How do you prepare for counsel?

3. How (instruct Counsel.

1. “Give the correct title which indicates where it is at (e.g. Proposed Proceedings, or the Claim No and relevant Court).
2. Identify who you are instructed on behalf of / act for.
3. Explain any relevant insurer involvement and funding.
4. If there is a Court hearing then provide full details.

How do I write a court brief?

Steps to briefing a case

1. Select a useful case brief format.
2. Use the right caption when naming the brief.
3. Identify the case facts.
4. Outline the procedural history.
5. State the issues in question.
6. State the holding in your words.
7. Describe the court’s rationale for each holding.
8. Explain the final disposition.

What is a brief to a barrister?

The brief is the set of papers given to the barrister retained to appear, advise or draft documents in a matter. The brief comprises observations, usually by the instructing solicitor, together with all the important documents relating to the matter.

What does a brief of evidence look like?

A ‘brief of evidence’ is a group of documents, including statements and photographs that the police may use as evidence at the hearing. In most cases, it will contain: statements from the police officers involved in the case. statements from the victim (if there is one) and witnesses.

What is brief description example?

2. A brief is defined as a short written or spoken statement or a statement of the main points of a legal case. An example of brief is a five minute news segment covering a short announcement by the president. An example of brief is a paper that explains why a person is guilty of a crime. noun.

What is a barrister’s brief fee?

A brief fee is a fixed fee which covers preparation for a hearing and the first day. A refresher is a fixed fee for each subsequent day of the hearing.

Can I refer my client to a barrister in Hong Kong?

Save in a few recognized situations, end-users of legal services in Hong Kong cannot instruct barristers directly. Instead, clients have to retain solicitors who will then instruct a barrister for the clients. By reason of this referral arrangement, barristers can focus their time and energy on legal research and case preparation.

Can a solicitor refuse to accept a brief in Hong Kong?

Special circumstances such as a conflict of interest or the possession of relevant and confidential information may justify his or her refusal to accept a particular brief. In Hong Kong, only barristers are subject to this “cab-rank rule” and solicitors are not.

Can a Queen’s Counsel be admitted in Hong Kong?

In addition, Queen’s Counsel are admitted from time to time on an ad hoc basis for the purpose of conducting specific cases in Hong Kong. It is difficult to define the profession of barristers in Hong Kong (sometimes referred to as “the Hong Kong Bar”). However, the following are the key characteristics:

How many barristers are there in Hong Kong?

There are about 1,500 barristers practising in Hong Kong. Out of these 1,500 barristers, there are about 100 Senior Counsel (i.e. Queen’s Counsel as they were called before 1 July 1997). Senior Counsel are appointed by the Chief Justice as a recognition of the relevant barristers”, ability and standing in the profession.