Divorce: Barrister or Solicitor

Does one engage a solicitor or a barrister in a divorce. Can anyone explain the difference, benefits and pit falls in doing so.

Hi StunnedDad, I''m certainly no legal expert, but what can you a££ord ?? A barrister will cost you hundreds of £££££''s an hour so i guess it depends of you financial situation, assets, children,, income etc.

I had no children involved, just myself & Ex & marital home so a solicitor was adequate for me to sort the bulk of things, however 12 months after my "absolute" there are complications with the FMH & ex, so it''s going thru the court''s.

I guess it depends what sort of outcome your looking for, your current circumstance & what you can & can''t a££ord. Sorry i can offer more help than that.

Solicitor: A solicitor practices litigation but not advocacy (the conducting of proceedings in Court.) While solicitors act on a client''s instruction, they are first and foremost an Officer of the Court. Solicitor fees are around £180 (plus VaT) ++ per hour.


Barrister: A barrister can not conduct litigation, they specialise in representing their clients to the Court during hearings (advocacy) and are usually engaged by a solicitor to act on the client''s behalf. There are a growing number of Direct Access barristers who can be engaged directly by a litigant in person. A litigant/client wouldn''t use a Barrister to carry out the everyday legal work for a divorce.

You don''t have to use a solicitor, there are a number of alternative options:

Represent yourself entirely. Wikivorce is the best free resource for litigants in person in family proceedings. The only costs you would incur are your own travel/stationery/other associated costs and court fees. You would do all the work, and have to address the court yourself. You can always take a McKenzie Friend with you to provide support, take notes and quietly give advice during the court proceedings.

Represent yourself, and use a solicitor on an as and when basis for legal advice (known as unbundling). Although you would be doing the bulk of the work yourself, you would still have the back-up of legal advice from a solicitor, and be able to keep a tight reign on the costs.

Represent yourself, do the work, and instruct a direct access barrister to represent you at hearings and speak on your behalf at court hearings – especially a Final Hearing.

If your spouse is a high earner, then it may be possible for you to apply to court for a Legal Services Order, which would provide you with assistance in paying your legal costs. More information can be found here – Legal Services Orders

This post on Wikivorce has a wealth of very useful guides/articles/document templates that LiPs may find useful – Useful Resources for Litigants in Person

Just a point of clarification to one of quotes above i.e. "A barrister will cost you hundreds of £££££''s an hour "

A barrister charges a similar amount to a senior solicitor in most cases. There are times when a very senior barrister e.g. Queen''s Counsel, will charge a lot more but the brief fee (the fee that reflects the work leading up to and attendance upon the first day of hearing) will reflect the number of hours spent.

If a barrister charges a brief fee of £3000 for a final hearing it might look as though they are receiving £500 per hour but that would not take into account the 10 hours spent preparing for the case prior to the hearing.

Charles

I phoned my solicitor last Friday and he has yet to call me back but, he did have time to send me his bill that arrived this morning.
I called a Barrister yesterday and he was there representing me today with a cost inclusive of an hour to talk before the case and then an hour in court which in total was almost 3 hours altogether £500 + VAT (£600)
And we won
My ex brought a solicitor and a barrister and I would imagine the whole lot including the lead up to the appearance in court to cost £2500 at least.
What a waste of pot money.......

If your in London the hourly rates can be much higher.

I guess it just depends on your individual circumstances and how much of the leg work you want to do yourself. Having a solicitor and barrister is the most expensive route.

If your divorce is likely to be amicable then it''s unlikely you will need to go to court and a barrister will not be needed.

If the case is complicated/technical and likely to end up in court, I think a barristers advise in invaluable.

I started off with a solicitor who charged me £240 p/h +vat. He obviously had a huge case load and was slow to do everything and was sometimes vague on very technical points. I''m a bit of a control freak so being a LIP suited me much better. I got rid of the solicitor and instructed a direct access barrister as it looks like i''ll be going to court. I feel I am in better control of my case now and the advice I get from the barrister is so much more specific. I also like the fact that he does not charge an hourly fee. He is hired on a fixed fee basis. That way you know exactly where you stand.

Don''t make the mistake I made and go for a local family lawyer - just because they are local. I met my solicitor once in over a year. Most work done through emails, phone calls and a few letters. Shop around, have a few free telephone consultations before deciding.
Good luck!

yougotmail wrote:

I phoned my solicitor last Friday and he has yet to call me back but, he did have time to send me his bill that arrived this morning.

Hahaha... I think we must have hired the same solicitor! Mine was the same:laugh: