Wiseman Lawyers Are Solicitors - Don't I Need a Barrister?

I occasionally see unsuspecting Defendants in the Magistrates courts proudly approaching the bar table with two lawyers rather than one, one of whom is dressed in a wig and gown, like it’s some kind of episode of Law & Order UK.

The lawyer in the wig will do all of the talking, while the other one nods and shuffles papers, pointing to random sections of legislation.

There are 2 types of lawyers in Queensland, Solicitors and Barristers.

In a nutshell, Solicitors handle all of the front end work, dealing with clients, researching case law, seeking client instructions, obtaining supporting documentation, briefing Psychologists, basically running the matter.

Capable Solicitors will also handle all of the back end work in Magistrates Court matters, advocating on behalf of the client at court, drafting written summaries of case law, negotiating with Police Prosecutions.

Barristers are ordinarily brought in only when matters become highly technical, such as when there is a complicated trial, as well as in District and Supreme Court pleas of guilty, where imprisonment is a certainty, but the Judge needs to be guided on the length of the imprisonment term.

Where Barristers are not required is in DUI Drink Driving and Traffic Law matters.

I prepare all of my court matters myself from start to finish.

I carry out all my own case law research, draft my own written submissions, engage in my own courtroom advocacy.

I represent clients facing a high risk of imprisonment every day, yet I never see the need to engage a Barrister.

To be frank, I know Queensland DUI Drink Driving & Traffic Law back to front, and I am not confident that any other lawyer in Queensland does.

I would not trust the welfare of my clients to anyone else.

Because I do the same thing, all day, every day, all of the Magistrates are familiar with me, they know me in a professional capacity well, as do all of the Police and Queensland Transport Prosecutors.

There is a practice amongst certain non-Traffic Solicitors of convincing clients that their DUI Drink Driving or Traffic matter is so serious that a Barrister absolutely must be engaged.

What they are really saying is that the matter falls outside of their area of practise.

However, more often than not, the Solicitor will engage the Barrister who does all of their commercial dispute trials, for example, and the client ends up with 2 lawyers, neither of whom specialise in Queensland Traffic Law.

I see it quite often with professional sports persons who have been charged with a Traffic offence.

The client ends up with 2 lawyers who think telling a Magistrate that unlicensed driving is a ‘trivial matter’ for example is appropriate, and then the Magistrate, understandably, blows their top.

So what I am saying is no, you do not need a Barrister.

Regards

Andrew Wiseman, Wiseman Lawyers