Hiring a barrister is a major decision and not one that should be taken lightly. In fact, when meeting with prospective barristers, it’s important to treat the meetings like interviews, asking a variety of questions that will help you get a feel for the person.
William Prasifka is a barrister from Dublin, Ireland, who knows firsthand how important it is to find a barrister who is right for you and your specific legal case. Prasifka studied law at the University of Cambridge and completed an internship at a Magic Circle law firm, before returning to Ireland to become a barrister. He provides some insight into what barristers do and the top five most helpful questions to ask your barrister in Ireland.
What is a Barrister?
A barrister is a specific type of lawyer who specialises in court advocacy. In order to become a barrister, you must pass an exam and then be “called to the bar,” after which you must complete a form of apprenticeship for barristers, which is known as “devilling.” Once you officially become a barrister, William Prasifka states that there are a wide range of responsibilities. These include drafting legal opinions, drafting legal documents that need to be filed for a case, representing clients in court if a case goes to trial, and negotiating a settlement in the event that your case does not go to trial. Something unique about barristers in Ireland is that they cannot be hired by just anyone. For example, a member of the public could not walk into a barrister’s office off the street and hire them. Rather, barristers are asked by solicitors to get involved with a case.
Thus, the first step in receiving the help of a barrister is to contact a solicitor. If the solicitor feels it necessary to engage a barrister, they will recommend doing so. It is then up to you and your solicitor to decide if you’d like to involve a barrister in the case. If you decide to do so, you can expect the barrister to perform any of the functions performed above, namely representing you in court. By contrast, solicitors typically perform most of their legal work in a law firm or office.
Question 1: How many cases similar to mine have you represented?
This is a great question to ask, as not only will it help you gauge the general experience of the barrister, but it will also help you understand whether the barrister has specific experience with cases of the same nature as yours. If the barrister has represented clients in similar cases, don’t be afraid to ask their track record, shares William Prasifka. Knowing the number of cases settled or won by the barrister is definitely information you want to have.
Question 2: Who is your typical client?
William Prasifka of Dublin, Ireland, shares that too few people ask this question, but it is an important one. Again, this question will help give you an idea of the experience the barrister has. If you’re considering them to help you with a particular legal problem, but you find out that their typical clients are corporations, the State or other government agencies you may wish to go with another barrister. Of course, for other legal issues, a barrister with such a range of client may be precisely who you are looking for.
Question 3: How long have you practiced law?
Another helpful question to ask is how long the barrister has been practicing law. This will instantly give you an idea of their level of experience and expertise. However, William Prasifka shares that just because they may be a beginner, as opposed to a veteran, doesn’t mean they should be dismissed outright. There are advantages to both types of barristers. While older barristers likely have more experience under their belt, young barristers may be more up-to-date on issues relating to setting up a business or technology. That said, if you get the feeling that a young barrister may be out of their depth, then you might feel more at ease going with a seasoned professional.
Question 4: What are your fees, and how will they be billed?
When you’re hiring anyone to perform a service for you, you’re going to have to talk costs. While it may feel a little awkward to ask, this is an absolutely necessary step. It is a simple fact that some barristers will cost more than others, something which you will need to factor in when deciding which barrister to work with. William Prasifka of Dublin, Ireland, shares that barristers do not all state their costs up front. If the case looks fairly straightforward, then the barrister may provide an estimate. However, some barristers prefer not to do this altogether, believing that it creates anxiety in the client where the focus should be on winning or finding a solution to the issue at hand. Further, the payment schemes offered by barristers’ offices vary. The payment method, payment options, and under what circumstances you will be billed can all be different depending on the barrister, so be sure to find out in advance.
Question 5: What is the most likely outcome for my case?
This is likely a question you are keen to ask and William Prasifka recommends asking it. Although there is no “right” answer, Prasifka always aims to answer this question as honestly as possible. In some cases, he feels confident that he will be able to win the case for his client, based on similar cases in the past that have been won, either by him personally or by other barristers. However, if the case is more complicated than that or if he truly feels they do not have a high probability of winning, he will tell his client in order to prepare them for the reality of the case that lies ahead.
This article does not necessarily reflect the opinions of the editors or management of EconoTimes


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