Sometimes, because of capacity (I'm flat out busy) or qualification (lack of experience in a particular area of law) I will "instruct up". I refer hundreds and thousands of dollars worth of work to senior barristers in Auckland and throughout the North Island.

​It is a delegation of work up the experience ladder, rather than delegating down to a junior litigation solicitor or another junior barrister in another Chambers.  You might like to review the below FAQs and information. 
If I am going to recommend a Senior Barrister or King's Counsel, it will likely be one of the following:

King's Counsel 
Jim Farmer KC (Commercial)
Dr Rodney Harrison KC (Public and Constitutional law)
Vanessa Bruton KC (Complex trusts and estates)
Lady Deborah Chambers KC (Relationship property and trusts)
Tiffany Cooper KC (Serious sexual offences, objectionable material)
Nick Chisnall KC  (Criminal appellate work)

Senior Barristers
Peter Davey (Serious criminal offences - Category 3 and 4)
Simon Judd (Public and Administrative, Commercial, Civil) 
John Green (Criminal - Category 3 - Judge Alone trials)
Chris Baird (Complex commercial)
John Hannan (Complex employment, workplace investigations)

Mediators I recommend:
The Honourable Raynor Asher KC 
The Honourable Rhys Harrison KC 
Grant Allan 

​Junior or Intermediate Barristers I recommend:
Roshni Kaur (Family) 
Simon Hamilton (Civil/Commercial/Insurance)
Nura Taefi (Employment, Civil, Commercial)
Esther Watt (Public and Constitutional law) (Wellington)
Alex Shinkarenko (Immigration, Relationship Property)


​When would Jessica advise a Senior Barrister or King's Counsel is required to assist her with litigation (or to lead it)? 
- When litigation is more complex or ripe with a multitude of legal issues and/or multiple defendants. In some cases, there might be a discrete issue which is in a practice area I do not have good or related experience in (perhaps immigration). I have a duty to act in my client's best interests, thus if I make a judgment call at the outset that another more experienced barrister is required to either lead or assist/review my work, it is simply because I want to ensure you are getting the best legal service in the circumstances. 

How does Jessica choose which Senior Barrister or King's Counsel should lead the litigation or assist with it? 
- I have a number of civil and criminal barristers I work with on a daily basis. These are senior and very experienced barristers, some are known as King's counsel or KCs. They are 'king's counsel' because the profession has deemed these barristers to be of exceptional and excellent quality. I will often recommend a colleague I am familiar with, and I will take into account your ability to fund litigation i.e. if money is available to pay KC fees, I might recommend a King's counsel. However, if your budget is limited, then I will recommend a senior barrister who charges less than a KC or who is willing to charge reduced fees or fixed fees (if fixed fees are appropriate in the circumstances).  As a real example, when commercial litigation is brought to me of a significant value, I might recommend Jim Farmer KC as a first port of call. When securities matters are brought to me, I have recommended Stephen Bryers in the past. 

Do I have to go with Jessica's recommendation? What if I have another barrister in mind to lead/assist? 
- No. If you have another senior barrister you are familiar with or that you have read to be of experienced skill in a particular practice area, by all means, let me know! We can both contact the barrister and meet with them. This is your litigation and I act on your instructions. 

I just wanted Jessica to be my barrister. I don't want this other senior barrister to work on my case. Can I say no and insist Jessica handle everything by herself?
- Yes you can say "No" and insist I lead your case, or insist I run your litigation without a senior in the background assisting or guiding. BUT, and that is a big but, if I have already made an assessment that your litigation requires an extra set of eyes, I have already noted a legal issue or some aspect of your case that I am concerned about. There is nothing worse than being 'forced' to argue a particular area of law where I am uncomfortable or unsure in, especially where I have already flagged this to you as a client. 

We already have an instructing solicitor, if we bring on another barrister or barristers, do I need to engage another instructing solicitor?
- Good question! Sometimes you do need to engage another instructing solicitor, but nine times out of ten, the incumbent solicitor will instruct the senior for us. We will then have ONE instructing solicitor, who has instructed TWO barristers.  (I have been part of a litigation team where a solicitor has instructed 7 barristers once! Long story...)

But if we bring on more lawyers, whether King's Counsel or Senior Barrister, that is going to make my legal fees more expensive isn't it? 
- Generally, legal fees are more efficient when we have a junior barrister doing the 'less complex work' (at a lesser rate) and the senior barrister doing the more complex work in court documents or by way of oral argument in Court or when attending alternative dispute resolution (mediation for example). As an example, if you insisted I lead (without a senior) complex tax litigation, then I would be charging you legal fees for simply 'learning' or 'studying' that area of law in addition to actually performing the litigation! That would turn out to be horribly more expensive than if you simply agreed to engage the senior barrister. Further, if the senior barrister or King's counsel is engaged, as a courtesy to my clients, I drop my hourly rate further to assist my clients. 

I already paid a retainer to the instructing solicitor for Jessica's fees, do I have to pay another retainer for the senior barrister? 
Yes you will. In most cases, the senior barrister and I will have sat down and worked out what is the most cost effective strategy for you in terms of fees and funding. Because I drop my hourly rate when we engage a senior/King's counsel, the retainer required lowers also. 

Who drafts letters and court docs?
- Good question! I cannot give you a definite answer on this. As a barrister working as part of a litigation team, it is a collaborative effort. I have been a junior to King's counsel who allowed me to draft all court docs after brief phone calls with them. I have been a junior to a senior barrister who only allowed me to draft Memoranda and filing emails! Again, the law is the same, but barristers have different approaches as to how they practice. I personally like a flexible and agile hierarchy. 

Do I get one invoice for both Jessica's and the Senior's fees or are there lots of different invoices? 
I prefer that clients are issued with two separate invoices, so one for the senior and one for the junior. In most cases the instructing solicitor will only charge a nominal one off fee at the start of the matter, or in some cases, a monthly nominal fee for the use of their 'mail box' as instructing solicitor (I will discuss this with you before we reverse brief the solicitor).  

Do I get further time to pay my invoices since there is more than one barrister to pay?
- No. In some large pieces of litigation, I notice the senior will be happy for my invoice to be paid before his. Generally this will be a professional courtesy as it will be me who has provided the senior with the work - i.e. the client would not have been theirs were it not for me recommending them to you. (I tend to feed work 'up the chain' at the bar)

Who will lead the litigation? Who makes the decisions?
- The answer can be nuanced depending on the nature of the litigation. If we engage a senior barrister (who will be a specialist) or a King's Counsel (who will be a very respected member of the law profession) they will naturally expect to lead and to make the final decision on all steps in the litigation. I respect and abide their decision (generally) when it comes to their area of specialty in the law. However, from time to time I will disagree with a particular step they want to take, or more likely, do not want to take. I will tend to let you know about the disagreement, and we will then follow your instructions. 

Can I still insist Jessica has the final decision on next steps in the litigation? 
- Yes. However, what I have found is it will be very difficult for a senior (or King's Counsel) to 'bow down' to the contrasting ideas of an intermediate barrister. In one case, the senior barrister terminated their engagement with the client on the basis of the client wishing to do what I had suggested prior to what the senior assessed to be the best course of action. I make no comment on whether such decision of the senior was professionally appropriate. I do tend to be popular with clients and relatable, but that quality is never synonymous with, nor could it ever replace, the experience a specialist has. 

I engaged Jessica because I like her style of litigation, I like the creative choices she makes and the calculated risks she takes - will she still be able to practice like this?
- Important question and the answer is nuanced. Look, I am going to be honest. 90% of the time if we engage a senior or King's counsel, I will not be able to exercise the creativity or calculated risk taking many of my clients are accustomed to and expect. This can be frustrating for myself and my long-term clients, but I do try and select seniors who are flexible in practice style (if possible). There are some seniors (and King's counsel) who I know will allow me to 'be myself' and I will let you know the names of these men. (They are all male)

Do both lawyers attend meetings with me? 
- It depends. If it is a procedural type of meeting, perhaps a vote at a boardroom meeting, it might just be me. If it is a two monthly catch up in my Chambers, the senior might want to be present. At the end of the day, it is your litigation, your money, your time, if you want us both present at all meetings, you will instruct us as so. All senior barristers who work with me know I am a very fast typist that takes many notes from meetings/interviews/prison visits,  so the senior will generally have a good record of any meeting they did not attend. 

Do both lawyers communicate with me on the phone and in emails? 
- Broadly, yes. From experience, the senior will communicate less with you than I will. Sometimes that is 'generational' and sometimes that is because it is more efficient that a lawyer at a lesser hourly rate updates you on procedural and substantive steps taken. There are an increasing amount of clients who like to provide instructions via messaging apps. It is important for clients to understand that some senior barristers I work with are uncomfortable communicating on apps, and this can sometimes result in a delay in response to client's questions. 

I have an urgent question or urgent instructions regarding the litigation, do I email Jessica or the Senior? 
- Urgent and high risk questions should be put to the senior barrister or King's counsel first. You will cc me in, but it will be important the senior has oversight of an urgent or high risk aspect of the litigation. 

What if I really don't like the Senior or King's Counsel, can I just communicate with Jessica, and Jessica pass on messages to the Senior?
- For whatever reason, sometimes clients of mine don't gel with the senior barrister. While the law is black and white, the way barristers work and approach client relations can be different. Often my clients come to me because I provide a fresher approach to litigation than a more established 'set in their ways' barrister might. There can be a disconnect from time to time with (particularly) young professionals and King's or Senior Counsel. It is not ideal for me to be the messenger between you both, but if there is a disconnect or a break down in the relationship between client and instructed senior, then yes, I will be happy to be the 'go between'. 

Can we fire the Senior Barrister or King's Counsel if Jessica or I don't like them after awhile? 
- Yes we can, and yes I have done this before. We are all professional adults. We move on quickly. We don't take it personally. Please note, we would only terminate their engagement after I have discussed the issues you have raised with me, with them. It is never ideal to chop and change barristers when litigation is hard fought and active in the Courts. 

Does the Senior come to mediations and Court with us? 
- Yes to mediations. Yes to substantive Court hearings, no to procedural Court calls or mentions. Again, it is about what is the most efficient and effective use of your money and our time. 

If both Jessica and the Senior come to Court, who does the talking? 
- Generally, the senior will want to do the talking. And 60% of the time that is because I will be uncomfortable doing the oral submissions relating to a particular aspect of the case or a legal issue that I do not have experience in.  I have found that most of the time, they will not want to be seen sitting next to an intermediate barrister who is 'on their feet'. They may not mind if they are obviously giving me 'experience'. 

If we are in Court, and I don't like the way the Senior is leading the case, can I tell the Senior off?
- Good question! Of course you can. If you are uncomfortable speaking to them directly, you can tell me, and I will pass your instruction and critique on. It is your litigation at all times! What happens sometimes, is if you and I are a bit unhappy or disturbed by a step taken or perhaps an attitudinal issue, we can discuss this with the instructing solicitor and the solicitor will discuss the issue with the senior. This helps to avoid the professionally awkward moment of an intermediate barrister telling a senior off.

If a Senior or King's Counsel is only 'guiding' in the background, how will their time or value be recorded so that I know I am not being ripped off?
- As all my clients know, I provide detailed invoices every fortnight or every month. Not all of my senior counterparts provide as detailed invoices as I do, and this can result in upsetting moments for my clients who are accustomed to my invoices. Most lawyers are persons of utmost integrity and character and would not intentionally 'rip off' a client. We just don't do that. If there is an issue with the invoice, it is important to let myself and the solicitor know, and the solicitor will enquire with the senior as to time spent on the matter. 

If Jessica needs a Senior or King's Counsel for my litigation, why don't I just hire another barrister who does not need a Senior?
- Ouch! This is a good option for you also, and sometimes I may prefer to refer you to another barrister outright. 

What does 'guidance in the background' actually mean? 
- It means that when I am choosing which steps to take, or what strategy to follow, I will go and see that barrister or email/call them and pass it by them first. It is a good moment between colleagues to bounce ideas off each other and also a great time for a senior barrister who is guiding in the background, to warn me off a particular path. This process is followed because this gives you the best chance at the outcome you want. 

Jessica said a Senior is required for 'oversight and strategy', does that mean Jessica switches off and she lets the Senior do all of that?
- No, it simply means that I will have my own ideas, but at the end of the day, the senior or King's counsel is there to lead the case. I do not switch off because if the senior was to get sick or to collapse in Court, it is me as junior counsel to him/her that must take over.

Jessica acted on category 3 offences for me by herself before, but she told me for category 4 offences she could only ever act as junior counsel, why is this?
- I am not prepared to take on category 4 offences as lead counsel nor am I qualified to. These are very serious offences and I would like my clients to have the best barristers they can afford leading this litigation. For category 4 offences I will recommend Peter Davey, Tiffany Cooper, or Nick Chisnall. 

Can I pay most of my money to Jessica and a small amount to the Senior or King's Counsel?
- This is a strange but repeated question when it comes to instructing up. You must pay the invoice total of both mine and the senior's invoices!? 

I have had Jessica and a Senior act for me before, and I preferred Jessica's submissions. If a Senior or King's Counsel is brought on again, can I insist that Jessica writes the submissions?
- Oh lord! Of course you can make this request, it is your money, and your litigation. However, I must say it would cause professional anxiety and potential upset if a senior or King's counsel was engaged and the client insisted I write the subs. This is an interesting request that has come up a couple of times with test cases - the solicitor and/or the client and/or myself will agree that a less conservative approach is taken whereas the senior barrister may want to stick to the path well travelled. If you feel strongly that I should write the submissions, I will discuss this with you and the solicitor first. Only after that will I approach the senior. 

I am a long-time client of Jess's, and I know she works to her own hours. How does this work with an "old school" barrister who might be 9 to 5? 
- Excellent question! All long term clients of mine know I have a no meetings before 10am policy, however most seniors are early birds and accustomed to getting it all done by 5pm before home to watch the news at 6pm and eat dinner (I apologise for that outdated stereotype). I always let the senior know, firmly, the way I work, and we find what is the sweet spot between our work styles and communication periods. As a general rule, if I know a senior barrister will try and push for 8am meetings, I will not refer to them. 

What if Jessica and the Senior have a falling out during my litigation? 
- We fire them! No no no, but potentially. I have not had a falling out with a barrister during litigation ever. We work as a team, and we both have duties to you as a client to 'get through' the trial or hearing or tough patch. If a barrister irritates myself and my client during litigation, rest assured I will never recommend or use that barrister again. 

If I think the litigation is going well with the Senior or King's Counsel running it can I just fire Jess part way through? 
- Ouch! Yes! *sad face* If you are uncomfortable terminating my engagement yourself, you can speak with the instructing solicitor behind my back. 

If I decline the appointment of a Senior and we continue through to Court, if I change my mind, can we appoint a Senior at any stage during the dispute?
- In theory, yes we can. But the appointment and lag period while the senior gets up to date with the progress of the litigation and facts can cause significant delays and you may be at risk of an adverse costs order down the line. 

Do I have to pay two office fees?
- Perhaps? It will depend on how much resources your case is using. Clients know I only charge an office fee when preparing for trial for example, i.e. I am doing lots of printing, bundling, using lots of office resources. 

How are disbursements dealt with from two different barrister's offices?
- disbursements will be charged on each barrister's invoice as they are incurred. A copy of disbursement related invoices should be enclosed with the barrister's invoice that charges you for it.