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Injured View Drop Down

Joined: 17/January/2017
Location: Australia
Posts: 3
  Quote Injured Quote  Post ReplyReply Direct Link To This Post Topic: Barristers
    Posted: 17/January/2017 at 16:45
What makes a barrister take on a case? When the odds of success are 50/50?


Edited by Injured - 17/January/2017 at 16:46

emca01 View Drop Down
Legal Guru
Legal Guru

Joined: 20/July/2012
Location: Australia
Posts: 2251
  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 17/January/2017 at 17:14
The odds of success might be 50/50 - the chance of barrister getting money 100%

citizen181 View Drop Down
Senior Member
Senior Member

Joined: 02/February/2012
Location: Australia
Posts: 678
  Quote citizen181 Quote  Post ReplyReply Direct Link To This Post Posted: 19/January/2017 at 17:52
The previous poster correctly highlighted the base nature of the issue, however, the are a number, a few, Barristers for whom professional stature is as important as the dollars they'll earn from handling a particular matter, for instance, for whom the case may set a legal precedent that will enhance their standing among their peers, win or loose, or where it may just be in the public interest for the matter to be heard.   In fact some Barristers may even waive or substantially reduce their fees in such matters. In any event they are required by law to discuss and fully disclose the cost and the risks. That said few will give an absolute on the chances of success or failure so as to avoid blow-back if such is not achieved so they will always talk in generalities.

Edited by citizen181 - 19/January/2017 at 17:56

Gulia View Drop Down

Joined: 11/December/2017
Location: Australia
Posts: 2
  Quote Gulia Quote  Post ReplyReply Direct Link To This Post Posted: 16/December/2017 at 19:02
Either way th Barristers or SC's WIN.....And I mean $$$$

Anthony Fronis View Drop Down

Joined: 27/December/2017
Location: Australia
Posts: 1
  Quote Anthony Fronis Quote  Post ReplyReply Direct Link To This Post Posted: 27/December/2017 at 01:12
Hi Injured,

I am a barrister. In general, provided the case is within my expertise, I would take it on in the following circumstances:

1. The client agrees to my fee in which case the odds of success are irrelevant (provided I do not breach my duty to the court by running an argument that would be an abuse of process)

2. It is a no win no fee case but I believe we can win or settle

3. A pro bono case I would be willing to accept and this would depend on the merits of the case and the lack of ability for the client to pay and whether it would be more appropriate for the case to be no win no fee. Essentially, the client would need to have a genuine need for a pro bono barrister.

I do not know of any barrister who would refuse to work if their regular fee is going to be paid. In actual fact this would not be allowed due to what we call the "cab-rank" rule. That is, we are obligated to accept a brief within our area of expertise at our usual rate with only some exceptions. This is to prevent clients from being denied access to justice and ensure unpopular people can still retain a barrister to act for them. The difficulty of course is that many people cannot pay the regular fee and this is why they need to seek no win no fee or pro bono services.

whatplanetisthis View Drop Down
Senior Member
Senior Member

Joined: 19/August/2013
Location: Australia
Posts: 184
  Quote whatplanetisthis Quote  Post ReplyReply Direct Link To This Post Posted: 28/December/2017 at 06:45
Last post, you said "
I do not know of any barrister who would refuse to work if their regular fee is going to be paid."

I call b.s & tumbleweeds blowing down the vacated cab rank should some punter come looking to hire a "persuader" to appear for him to enact justice along with exposing one of you lot , for past dishonourable conduct and misleading of court via off the charts bullying and blatant lies.
No offence personally pal but allowing for a man to be of privilaged position within a clique where it is heathen-like to use that privilage position for the imterests of justice should it involve exposing the wrongs of a fellow legal brethren, can only lead to furthering the gulf existing between haves and have less. Do fellow man a favour and rally up backing to force the only remaining industry to come join the rest of society in modernised work environments. Quoting latin and feeling right chipper that undisturbed a high number of you would talk as if a 16th century Lord of the manor isnt romantic nor an admired human talent , It's a load of smug bolloc*s ! Plus your fees are an affront to human decency !

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