“We need to brief counsel. Hand me that list…”
What are the factors that make a barrister a “barrister of choice” in 2020? Gone are the days of whisky-laden trolleys, cerise-ribboned briefs, Luddism being de rigour, prohibitions on barristers visiting solicitors offices, and women barristers being “novel”.
Effective Communication
What solicitors want when briefing a barrister was the theme of a recent CPD panel discussion hosted by the NSW Bar Association. A range of practical ideas were presented by panel members comprising Antonia Rose (Webb Henderson), Tobin Meagher (Clayton Utz), Dallas Campbell (Suncorp) and facilitated by Sue-Ella Prodonovich from Prodonovich Advisory.
Assuming the barrister has the right skills, expertise and seniority, the following characteristics shed light on a good barrister with “effective communication” topping the charts.
What makes a good barrister?
- Good communication (e.g. they return calls promptly, even if just to say they are busy, but “checking in”)
- Easy to work with (e.g. not precious or idiosyncratic)
- Rolls up the sleeves (e.g. not precious and will fully engage)
- Not afraid to express an opinion (c.f. very very very carefully couched opinions)
- Frank advice (e.g. be open to discussing realistic prospects)
- Decisive (e.g. will sort the wheat from the chaff and not run the “kitchen sink” of potential arguments)
- Pragmatic (e.g. sorts through the “academic” issues to the real issues; gives succinct advice – gone are the days of the long case summaries…just get to bottom line and show the reasoning)
- Hardworking (e.g. goes the extra mile, delivers to the deadline)
- Collaborative (e.g. open to discussing strategy with the broader legal team and client)
- Client friendly/ability to deal with clients (e.g. amenable to meeting the client and can be trusted to be put in front of client Board of Directors if necessary)
- Time management (e.g. being honest with time/priorities and delivering when you said you would)
What do the good barristers do (some tips and examples)
- Good communication (e.g. a quick phone call at outset to confirm that the brief has been received and will be looked at shortly)
- Provides feedback (e.g. will be honest with how they work, how they like the brief to be prepared, what is working and what is not etc)
- Is open to early briefing
- Honesty/frankness (e.g. on prospects)
- Plain speaking, direct and clear (e.g. no “sub text” or riddle speak)
- No “late surprises” (e.g. get to heart of key issues, and doing it early)
- Creative thinking (particularly early in brief and in strategy)
Characteristics to avoid…when to hit “pause”
- Poor communication (e.g. talking over solicitor/client or “mansplaining”, that is, being condescending to solicitor or client, especially junior members of staff)
- Inconsistent behaviour (e.g. talking differently to senior/junior lawyers)
How to identify suitable barristers you haven’t before briefed
- Talk to colleagues (e.g. those who have had first had experience with the barrister)
- Talk to the floor clerk
- Talk to other barristers you know about other good barristers
- Observe other barristers in court, including the opposition for subsequent briefs
What has changed in how barristers are selected in recent times
- Diversity considerations (e.g. equitable briefing policy)
- Clients being more involved and wanting to play a part in selecting the barrister