How to brief a barrister in Victoria
In Victoria you can brief a barrister by contacting them directly or through their clerk. Most solicitors go through the clerk: give the nature of the matter, the court and the dates, and the clerk will advise which barristers on their List are suitable and available, negotiate the fee, and enter the brief in the diary.
Who can brief a barrister?
Barristers are usually briefed by law firms, with an instructing solicitor liaising between client and barrister. In-house counsel and government solicitors can brief a barrister directly without going through a firm. Individuals can approach a barrister or clerk directly, though barristers are not obliged to accept work from individuals.
If you already have a solicitor, the Victorian Bar’s guidance is to speak to them first about whether counsel is appropriate for your matter. Barristers can also be briefed directly for certain matters through Barrister Connect. The full position is set out on the Victorian Bar’s Briefing a Barrister page.
The four steps
- Work out what you need. The court, the type of hearing, the dates, and the area of law. For a more complex matter, senior counsel may be appropriate: a King’s Counsel or Senior Counsel will advise whether their involvement is warranted and can bring in a junior to assist.
- Contact a clerk. One call reaches an entire List. If you are unsure which barrister would be right, the Bar’s own advice is to contact a clerk, who will connect you with an available and appropriately skilled barrister.
- Confirm availability and receive a costs disclosure. The clerk can confirm whether a barrister is free on your date. Before or as soon as possible after engagement, every Victorian legal practitioner including a barrister must provide a costs disclosure: the basis on which fees are calculated, an estimate or range with the variables explained, and when invoices will be raised.
- Agree the costs, then deliver the brief. A written costs agreement is provided and agreed before work begins. Once accepted, the clerk enters the brief into the barrister’s diary and confirms the booking.
What does a barrister cost?
Barristers’ fees vary with the type of work, the likely length of a hearing, and the barrister’s experience. You will know the likely cost before you commit: Victorian barristers must provide a costs disclosure and a written costs agreement, which you accept before work begins.
The Victorian Bar’s position is that barristers’ fees are highly competitive and often provide value for money in comparison with other legal professionals of similar experience, and that in some circumstances barristers may act pro bono or at a reduced rate.
How quickly can a clerk confirm a booking?
Often on the same call. Because the clerk holds the diaries for an entire List and those diaries are updated in real time, availability is a matter of looking rather than asking. Where the barrister is available the clerk can enter the brief immediately. If your first choice is unavailable, the clerk can advise on others on the List whose practice suits the matter.
Who to contact
Thirteen clerking Lists operate in Victoria. Each has its own clerk’s office, direct line and email.