FREQUENTLY ASKED QUESTIONS
You will find answers to many of the more frequently asked questions about our services below. If you have a question that is not answered here, please let us know.
Who do you provide services to?
How do you select the right counsel for my case?
1. Database
Our proprietary database of barristers contains information on length of time in practice; type of practice to date and areas of expertise; arbitration and mediation practice; education and qualifications; publications; professional and personal activities; wins and losses; typical clients; and range of fees charged.
2. Inside knowledge of the Law Library
In daily contact with Irish barristers, we know about the qualities of individual counsel from their colleagues in the Law Library, invaluable information rarely available to solicitors, other professionals and their clients.
3. Feedback
We always ask for and act on feedback from users. We use your feedback to amend and update our database of counsel. Your feedback, and that of your fellow solicitors and other professionals from around Ireland, allows us to "rank" barristers better. Feedback on past performance is most often the deciding factor for us when selecting the right barrister to deal with your case.
Does Brief Counsel Ltd itself “brief counsel”?
Do you maintain a panel of counsel?
Do you favour any particular counsel over others?
Do you really have access to all barristers in the Law Library?
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* Code of Conduct for the Bar of Ireland, Par. 2.14.
What is the role of the Bar Council?
* Code of Conduct for the Bar of Ireland, Par.2.14
Does using your service alter the legal relationship between solicitor and counsel?
As before, you take instructions from your client. You and your client decide that counsel should be briefed. Counsel receives instructions from you through us and carries out work for you. The only difference is that you and your client now enjoy greater control over the process of briefing counsel, as we eliminate the hassle of finding the right barrister and of getting them to do what you need.
We will always tell you which counsel has received your instructions and you can of course discuss matters with them in the usual way. If you prefer, we can discuss the choice of counsel with you in advance. We're happy to discuss with you the counsel we use in more detail.
How do you manage issues such as conflicts of interest, privilege and confidentiality?
In addition, counsel are under a professional obligation to manage any possible issues of conflict of interest, privilege and confidentiality in their instructions in an appropriate manner, in accordance with the Code of Conduct of the Bar of Ireland.
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* A Guide to Professional Conduct of Solicitors in Ireland 2nd ed. (Law Society of Ireland, 2002)
What are the costs and taxation implications of using your services?
Our services are free for Irish solicitors and other professionals. For more information, please view our Costs page.
Can you arrange for competitive tenders from multiple counsel?
Yes. Send us the papers with a request to arrange for competitive tendering, and we will contact you to discuss the matter further.
How do you charge for the services you provide?
Our services are provided free of charge to Irish solicitors, other professionals and their clients. Counsel pay a small service charge for the services we provide to them.
Won’t counsel simply add your service charge to their fee?
I’ve found a good barrister through you – why should I still use your services?
Why use counsel at all?
There is available to all Irish solicitors and other professionals a deep pool of highly-qualified and specialist advocates, whose working environment is the courts of Ireland. Barristers provide Irish solicitors and other professionals with a cost-effective service and are generally cheaper than solicitors for most routine litigation, advocacy and related work.
A further important consideration is that a solicitor "will not be liable in negligence if he fully presents his client's case to appropriate and competent counsel and then reasonably (as opposed to blindly) relies on the advices he receives."* Using Brief Counsel Ltd is the best way for solicitors and other professionals to ensure that counsel is appropriate, competent and properly instructed for the case at hand.
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* Patrick Groarke (solicitor and consultant to the Law Society's Litigation Committee), "Professional Pitfalls", Law Society Gazette, July 2003, p. 12 at 16.