A member asked
over 8 years ago
Solicitor Vs Barrister
Would you recommend engaging a Barrister in addition to a Solicitor in a Property Settlement case, if the other party has done so? If so, what are the advantages in relation to the cost of doing so?
Researchers at LawAdvisor
Hi there.
If you are referring to the settlement of assets between yourself and your ex-spouse, the answer to your question is not straightforward. It will depend on how complex your case is, and whether the facts are being contested in Court. The main reason people hire barristers is for their specialised skills in leading court actions/litigation, and their skills in providing written and oral arguments to a court. Keeping this in mind, you should consider what type of process your are going through, and make a decision based on whether you will need the specialised advocacy skills that a barrister provides. If a court appearances is involved you may choose to engage a barrister to advocate for you. However, if the settlement is only involving mediation or another form of informal dispute resolution a barrister may not be necessary. In any case, your solicitor will be able to give you sound advice as to whether they believe a barrister’s skills are necessary.
If you are referring to a property settlement where titles to property are exchanging hands, then a barrister is not necessary. When you are dealing with a single title, property settlements are usually quite straightforward affairs. In most cases it is the solicitor who will attend the settlement on behalf of the client. Many people choose not to hire a solicitor at all, and instead engage the services of a professional conveyancing firm, who specialise in property settlements. In any case, if you approach an experienced solicitor or conveyancing firm to act on your behalf, they will be able to guide you on this point.
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