Instructing a Barrister
Barristers generally receive their instructions to act from lawyers holding a current practising certificate, whether they are partners of or employed by a law firm, employed by clients or government agencies or as In-House Counsel. It is, however, possible in certain specified circumstances to retain a Barrister directly without going through a lawyer.
As well, a Barrister may accept instructions from a client in certain specified circumstances, or from an approved professional organisation, without going through a law firm. This is referred to as Direct access. Direct Access to Barristers is regulated by the Direct Access Rules in PART VI of the Practice Rules of the Victorian Bar. For further details click here.
You may instruct a Barrister:
(a) to provide legal advice;
(b) to provide alternative dispute resolution ("ADR") services (for example, as a mediator, arbitrator or expert determinator, or as counsel in relation to a mediation, arbitration or expert determination process);
(c) to provide strategic advice, including in relation to matters which are likely to become productive of litigation;
(d) in relation to the conduct of existing or prospective litigation (although in limited circumstances where the Direct Access Rules apply).
Click below for an Information Kit which provides guidance to corporate counsel as to how to go about briefing a Barrister to provide relevant legal services.
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