Can solicitor issue circuit court proceedings?

M

muchmore

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hi!
can a solicitor issue circuit court proceedings without involvement with a barrister? If the proceedings are issued first by the solicitor, can the barrister come in later and advise/represent?

thanks!
 
Yes and yes. They can issue without a barrister ever seeing the case.
 
My solicitor tells me he can do this too - someone owes me a few quid - quelle surprise.

ONQ
 
Yes to both parts of question.

In my time I have conducted many Circuit Court cases without a barrister in an area of law in which I specialised.

However for a number of reasons many solicitors consult a barrister. These include

1. Pressure of work

2. to make sure the pleadings cover the facts as instructed.

3. Most Circuit Court judges are former barristers, only a minority are former solicitors - solicitor for that and other reasons may think it better to brief a barrister.

Litigation is an uncertain art - the only certainties being that it is expensive, time consuming and stressful if parties are personally involved. If a solicitor advises consulting a barrister client should accept such advice.
 
In my experience (and I bow to Nuac's many decades in the profession) barristers will always draft the pleadings on the instruction of the solicitor so yes it is normal for Counsel to be engaged in any sort of litigation and it would be unusual for them not to be.
 
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