The 3-way relationship
of barrister, solicitor, and client
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REVERSE BRIEFS
In most court matters, a barrister sole cannot file proceedings without a solicitor being engaged for the client. We call the solicitor who is engaged for proceedings, the "solicitor on the record" and the "instructing solicitor".
When a client comes to a barrister first, and that client asks the barrister to "act" for them in court proceedings or in respect of a dispute, the barrister will generally need to arrange a solicitor to be their solicitor on the record and/or their instructing solicitor. We call this process a "reverse brief" and I will explain why the formation of this relationship is called a reverse brief.
In the 'olden days', a client went to their solicitor or local law firm if they had a legal dispute. The solicitor would refer (or "instruct") a specialist lawyer (a barrister) to assist the client with their legal dispute. In modern times, clients who need help with serious and complex civil disputes or who are facing serious criminal charges seem to prefer to go straight to a specialist barrister, rather than spend time and money going through a solicitor. For complex matters, going to a barrister first might make alot of sense. You can 'cut to the chase': do you have an argument or not? Is there merit spending money on this matter? Are there other causes of action you had not thought of yet? Who is the solicitor you want to work with?
Nowadays, the NZ Law Society issues approvals for barristers to act on "direct instructions" from clients who are involved in specific types of matters - you can see what those types of matters are here. When I got approved to practice as a barrister sole, I was also approved to accept direct instructions. So, for example, I can act in the Family Court without a solicitor and in some criminal matters in the District Court without a solicitor. I can conduct out of court litigation (negotiation, mediation) without a solicitor. I can conduct employment matters without a solicitor in the Employment Court and Employment Relations Authority. I can have matters referred to me directly by charitable organizations, and sometimes the police and corrections officers will make referrals.
Where I must have a solicitor, always, is in matters where I have asked for a retainer to be held and/or in civil court matters. So, for example, I must always have a solicitor on the record in proceeds of crime matters. This is because proceeds of crime litigation is civil litigation, not criminal defence.
So, a traditional brief goes from client > solicitor > barrister sole
A 'reverse brief' goes from client > barrister sole > solicitor
Whichever way the '3-way' relationship forms, the client will need to pay the fees of both the barrister sole and the solicitor. Even if the solicitor is 'reverse briefed', the same legal duties and obligations are expected of them as if the client had gone to the solicitor first.
When a client comes to a barrister first, and that client asks the barrister to "act" for them in court proceedings or in respect of a dispute, the barrister will generally need to arrange a solicitor to be their solicitor on the record and/or their instructing solicitor. We call this process a "reverse brief" and I will explain why the formation of this relationship is called a reverse brief.
In the 'olden days', a client went to their solicitor or local law firm if they had a legal dispute. The solicitor would refer (or "instruct") a specialist lawyer (a barrister) to assist the client with their legal dispute. In modern times, clients who need help with serious and complex civil disputes or who are facing serious criminal charges seem to prefer to go straight to a specialist barrister, rather than spend time and money going through a solicitor. For complex matters, going to a barrister first might make alot of sense. You can 'cut to the chase': do you have an argument or not? Is there merit spending money on this matter? Are there other causes of action you had not thought of yet? Who is the solicitor you want to work with?
Nowadays, the NZ Law Society issues approvals for barristers to act on "direct instructions" from clients who are involved in specific types of matters - you can see what those types of matters are here. When I got approved to practice as a barrister sole, I was also approved to accept direct instructions. So, for example, I can act in the Family Court without a solicitor and in some criminal matters in the District Court without a solicitor. I can conduct out of court litigation (negotiation, mediation) without a solicitor. I can conduct employment matters without a solicitor in the Employment Court and Employment Relations Authority. I can have matters referred to me directly by charitable organizations, and sometimes the police and corrections officers will make referrals.
Where I must have a solicitor, always, is in matters where I have asked for a retainer to be held and/or in civil court matters. So, for example, I must always have a solicitor on the record in proceeds of crime matters. This is because proceeds of crime litigation is civil litigation, not criminal defence.
So, a traditional brief goes from client > solicitor > barrister sole
A 'reverse brief' goes from client > barrister sole > solicitor
Whichever way the '3-way' relationship forms, the client will need to pay the fees of both the barrister sole and the solicitor. Even if the solicitor is 'reverse briefed', the same legal duties and obligations are expected of them as if the client had gone to the solicitor first.
FREQUENTLY ASKED QUESTIONS ABOUT REVERSE BRIEFS
How involved is a reverse briefed solicitor?
My reverse briefed solicitors generally prefer to stay out of court and focus on transactional and/or administrative work related to my clients. From time to time, a solicitor may wish to appear in court with me; but this will only happen if the client consents. When a matter is large and complex, I prefer my solicitor on the record to be a small to medium sized firm. Large and complex pieces of civil litigation really do require a team approach, and clients need to factor this in to their litigation budget.
Can a reverse briefed solicitor instruct more than one barrister?
Yes.
Am I a "client" of the reverse briefed solicitor?
Yes.
Who chooses the reverse briefed solicitor? - Jessica or me?
As always, the steps we take in your litigation are up to you. I provide advice, and you decide what we should do. I have a few solicitors that I reverse brief to, but if you have a solicitor you prefer, I will first enquire with them to check if they would like to act as your solicitor on the record.
I have questions about my funds in the solicitor's trust account - who do I ask, Jessica or the solicitor?
You ask the solicitor and they should provide to you, promptly, a statement of funds held on trust on your behalf.
Does the reverse briefed solicitor and Jessica and I need to be in the same location to engage?
No. It is 2024, we do not need to be in the same place to work effectively and efficiently for you. I work with clients in Australia and New Zealand regularly with reverse briefed solicitors. Email, messaging apps, Microsoft Teams, Zoom etc all assist us to work together effectively through the duration of your matter.
Jessica reverse briefed a solicitor for me, but after 6 months, I don't like the solicitor. Can we change the solicitor?
Yes we can, but there may be some delay to your litigation if any legal steps are required to be taken to remove the solicitor from the court record, and there may be some delay finding another solicitor to reverse brief to.
Does the solicitor have to know what's going on with my litigation?
Yes they do. It is important the solicitor is kept updated with the litigation, key correspondence, invoicing, and filing and service of documents. Importantly, the solicitor has duties and obligations to you as a client, and it is important they know what is going on.
My grandfather said barristers can only be instructed by a solicitor - is that correct?
In the 'olden days' that was correct. In modern times, there are many excepted areas of practice where a solicitor is not required. You might like to read this webpage again :)
Why are you cc'ing in the solicitor on court correspondence?
The solicitor needs to be kept abreast of the progress of the litigation, my advice, and the steps you are taking.
Does a reverse briefed solicitor issue their own terms of engagement?
In my professional opinion, yes, they should. In practice, I notice some solicitors who are reverse briefed do not issue their own engagement letter. That is a decision for their own practice. My practice will always issue a personalised Proposal for Engagement to every client.
Are reverse briefed solicitors cheaper than other solicitors on the record?
In my experience, yes. They charge far less in legal fees than solicitors who instruct barristers (a traditional brief, or a 'forward brief').
What happens if a case doesn't need much solicitor work but then it does, will the reverse solicitor do the work? I have only ever had cases where the barrister briefed the solicitor, and those solicitors did not do much.
Great question, and an interesting one coming from the client's perspective. Generally, my reverse briefed solicitors "do not do much", and that will be because the solicitor and I agree my practice can manage the vast majority of the work. I have been involved in a few matters where the transactional work load dramatically increased and we did have to find another solicitor on the record. It was not difficult to find a small to medium sized law firm to take over, especially for my clients who are all privately funded.
How involved is a reverse briefed solicitor?
My reverse briefed solicitors generally prefer to stay out of court and focus on transactional and/or administrative work related to my clients. From time to time, a solicitor may wish to appear in court with me; but this will only happen if the client consents. When a matter is large and complex, I prefer my solicitor on the record to be a small to medium sized firm. Large and complex pieces of civil litigation really do require a team approach, and clients need to factor this in to their litigation budget.
Can a reverse briefed solicitor instruct more than one barrister?
Yes.
Am I a "client" of the reverse briefed solicitor?
Yes.
Who chooses the reverse briefed solicitor? - Jessica or me?
As always, the steps we take in your litigation are up to you. I provide advice, and you decide what we should do. I have a few solicitors that I reverse brief to, but if you have a solicitor you prefer, I will first enquire with them to check if they would like to act as your solicitor on the record.
I have questions about my funds in the solicitor's trust account - who do I ask, Jessica or the solicitor?
You ask the solicitor and they should provide to you, promptly, a statement of funds held on trust on your behalf.
Does the reverse briefed solicitor and Jessica and I need to be in the same location to engage?
No. It is 2024, we do not need to be in the same place to work effectively and efficiently for you. I work with clients in Australia and New Zealand regularly with reverse briefed solicitors. Email, messaging apps, Microsoft Teams, Zoom etc all assist us to work together effectively through the duration of your matter.
Jessica reverse briefed a solicitor for me, but after 6 months, I don't like the solicitor. Can we change the solicitor?
Yes we can, but there may be some delay to your litigation if any legal steps are required to be taken to remove the solicitor from the court record, and there may be some delay finding another solicitor to reverse brief to.
Does the solicitor have to know what's going on with my litigation?
Yes they do. It is important the solicitor is kept updated with the litigation, key correspondence, invoicing, and filing and service of documents. Importantly, the solicitor has duties and obligations to you as a client, and it is important they know what is going on.
My grandfather said barristers can only be instructed by a solicitor - is that correct?
In the 'olden days' that was correct. In modern times, there are many excepted areas of practice where a solicitor is not required. You might like to read this webpage again :)
Why are you cc'ing in the solicitor on court correspondence?
The solicitor needs to be kept abreast of the progress of the litigation, my advice, and the steps you are taking.
Does a reverse briefed solicitor issue their own terms of engagement?
In my professional opinion, yes, they should. In practice, I notice some solicitors who are reverse briefed do not issue their own engagement letter. That is a decision for their own practice. My practice will always issue a personalised Proposal for Engagement to every client.
Are reverse briefed solicitors cheaper than other solicitors on the record?
In my experience, yes. They charge far less in legal fees than solicitors who instruct barristers (a traditional brief, or a 'forward brief').
What happens if a case doesn't need much solicitor work but then it does, will the reverse solicitor do the work? I have only ever had cases where the barrister briefed the solicitor, and those solicitors did not do much.
Great question, and an interesting one coming from the client's perspective. Generally, my reverse briefed solicitors "do not do much", and that will be because the solicitor and I agree my practice can manage the vast majority of the work. I have been involved in a few matters where the transactional work load dramatically increased and we did have to find another solicitor on the record. It was not difficult to find a small to medium sized law firm to take over, especially for my clients who are all privately funded.