QLD retain a solicitor and a barrister

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Peter6

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4 June 2015
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Can I only retain a barrister for a trial in any state?

If I have to retain both a solicitor and a barrister, May I have solicitor and barrister in different states?

For cost concern, during the trial, does solicitor needs to appear in court as well?
 

Rob Legat - SBPL

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Generally you retain a solicitor, and the solicitor retains the barrister (on your behalf). They can be in different states, but generally your solicitor will assist in identifying the appropriate barrister for your situation. Generally at trial your solicitor and your barrister will be there. Only the barrister will 'appear' in the technical sense - the solicitor will be there to assist them by arranging notes, organising witnesses, taking notes and the like, so the barrister can concentrate on the advocacy.
 

Peter6

Well-Known Member
4 June 2015
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Thanks for your response.
Looks like it is practical to have only barrister appear in court.
 

Tim W

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28 April 2014
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Doing this is called "direct access".
It can be done, but most barristers don't,
and no barristers have to.

And yes, your barrister and solicitor can be in different states,
These days, the east coast is largely a common market for lawyers.
That said, it's unusual, and can be both inconvenient, and more expensive than,
the alternative.
 

Peter6

Well-Known Member
4 June 2015
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How about court's location?

If my barrister is in NSW and I am in QLD, can I have the trial in NSW?
 

Tim W

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Are you being prosecuted in Queensland or NSW?
 

Rob Legat - SBPL

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If you’re in Queensland and the respondent company has its registered office in Queensland, sue in Queensland unless there’s some overriding connection to another jurisdiction which warrants a departure from that. What that could be would depend on the exact circumstances of your claim.