Legal Briefing -Solicitor briefs barrister re CoyCRIMINAL

Brief by a solicitor to a barrister concerning a corporate client in a criminal matter. Barristers can be hard to please. They are heard to complain that their briefs comprise 'not enough observations' or 'too many observations'. Or too many lever arch files.

However, most lawyers ' barristers and solicitors ' seem to agree that a brief need not be a great work of literature. But it does need to (a) be delivered in good time, and (b) under cover of instructions that contain the essential information, so that the barrister never subsequently complains 'why didn't you tell me about that?'.

This document can be adapted to become a pro forma covering brief in criminal matters. (L-DD9097E)

Legal Briefing -Person briefs solicitor re COMMERCIAL

'Civil litigation', in the widest sense of the word, includes all litigation other than criminal prosecutions. However 'civil litigation' also has a narrower meaning, meaning claims in contract, or claims in tort (meaning a "civil" wrong, such as an act of negligence). Here we use "civil" in this narrower sense.

Normally a civil solicitor's job starts with an initial face to face interview with the new client. However, if the solicitor or the client are in a hurry, or afraid of missing some important details, the client might ensure that the available time is used to maximum benefit, by recording in writing some details the solicitor might need to know sooner rather than later. It also helps that memories fade, but writing doesn't. While your memory is fresh, and in your own time, set down as many important details as possible. It is better to say too much now, than to remember something important when the court case is almost over.

This briefing, which can also be called 'confidential written instructions', can also economise on legal costs. Normally the human eye reads about three times as fast as the normal human mouth can speak. The reader may of course go back and read something a second time, but that is less disruptive than a listener asking a speaker to repeat themselves.

Remember that most court cases are decided on the evidence rather than on the facts. If there is no evidence of the fact, then it doesn't exist in court. So start collecting the evidence sooner rather than later. That includes eye witness testimony, and relevant documents.

Provided this briefing is created for the purpose of obtaining legal advice and representation, it should remain confidential at all times. Do not produce multiple photocopies if this document. (L-DD9102E)

Legal Briefing -Coy briefs solicitor re COMMERCIAL

'Civil litigation', in the widest sense of the word, includes all litigation other than criminal prosecutions. However 'civil litigation' also has a narrower meaning, meaning claims in contract, or claims in tort (meaning a civil wrong, such as an act of negligence). Here we use civil in this narrower sense.

Normally a civil solicitor's job starts with an initial face to face interview with the new client. However, when the client is a corporation, the officer with responsibility for briefing the solicitor might not be a witness to relevant facts. How many people should go to the initial interview? It is difficult to know.

A corporation (a separate person in the eyes of the law) acts and thinks through one or more individual persons (directors, company secretary, executive officers) each of whom may know different parts of the big picture. This document can be assembled with input from several company officers, to set out the bigger picture, prior to an interview between the lawyer and the company officer appointed to give the briefing.

A written brief also helps because memories fade, but writing doesn't. While the witnesses' memories are fresh, the corporation can gather as as many important details as possible. It is better to say too much now, than to remember something important when the court case is almost over.

This briefing, which can also be called 'confidential written instructions', can also economise on legal costs. Normally the human eye reads about three times as fast as the normal human mouth can speak. The reader may of course go back and read something a second time, but that is less disruptive than a listener asking a speaker to repeat themselves.

Remember that most court cases are decided on the evidence rather than on the facts. If there is no evidence of the fact, then it doesn't exist in court. So start collecting the evidence sooner rather than later. That includes eye witness testimony, and relevant documents. Open up a confidential 'litigation file' and assemble all relevant documents and witness statements' your lawyer will need it.

Provided this briefing is created for the purpose of obtaining legal advice and representation, it should remain confidential at all times. Do not produce multiple photocopies if this document. (L-DD9103E)

Letter to Chief Justice of the High Court

Free. Letter to the Chief Justice of the High Court of Australia with care regarding matters of address and protocol. (C-1060)

*NSW - Statutory Declaration (affirmation) (form)

For those who have no religion or no god and do not wish to make an oath under the Oaths Act. A blank 'stat dec' form for declaration in the State of New South Wales. This is in questionnaire form, useful if you wish to prepare the whole document on the screen before printing out and signing. A list of all persons qualified to be a witness is attached. (L-0019) See Ruling 003

*NSW - Statutory Declaration (oath) (form)

A blank 'stat dec' form for declaration in the State of New South Wales. This is in questionnaire form, useful if you wish to prepare the whole document on the screen before printing out and signing. A list of all persons qualified to be a witness is attached. (L-0006) See Ruling 003