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Working With a Barrister: How to Get the Best From Your Family Law Team
When you’re going through a separation, parenting dispute, or property settlement, the legal system can feel overwhelming. You might suddenly hear new words like “counsel” or “barrister” and wonder:
Why do I need another lawyer?
Are my costs going up?
What will this person actually do for me?
At ALA Law, we know that more people in your matter can feel intimidating. This blog explains, in plain language, what a barrister is, why we might brief one in your case, and how you can get the best out of your legal team.
What is a barrister – and why do I have one?
In Australia, many lawyers are solicitors, and some are barristers.
- Your solicitor (that’s us) is your day-to-day contact. We gather information, prepare documents, manage your matter, talk with the other side, and support you through the process.
- A barrister (counsel) is usually a specialist in court advocacy and complex advice. They spend a lot of time in court, running hearings, cross-examining witnesses, and making detailed legal arguments to the Judge.
You can think of it like this:
Your solicitor is your “GP” and guide.
Your barrister is your “Specialist” for court and key negotiations.
They are both part of your team.
When do we brief a barrister in family law?
We don’t brief a barrister in every case. We usually involve one when:
- Your matter is listed for a court hearing (interim or final)
- You have a complex property pool, such as companies, family trusts, or SMSFs
- There are serious parenting issues, such as allegations of family violence, risk, substance use, or relocation
- We are attending a mediation or conciliation conference where strong negotiation and advocacy skills will help
- You need detailed advice about your chances of success or different options
We will always explain why we recommend briefing counsel and discuss this with you before we do it.
How your solicitor and barrister work together
Once we engage a barrister, we “brief” them. That means we provide:
- A summary of your situation and what you want to achieve
- Important documents (applications, affidavits, reports, financial information)
- A clear outline of the issues and upcoming court dates
- Specific questions we want their help with
We then work together as a team to:
- Plan the strategy for your case
- Decide what evidence is needed and how best to present it
- Prepare for court hearings, mediations, and negotiations
- Give you clear, consistent advice about your options
You still have one united legal team – you are not being “passed around”. We stay actively involved and responsible for your matter.
How you can help us brief your barrister well
You play a very important part in helping your legal team do their best work.
You can help by:
- Being honest and open
- Tell us the full story – even the uncomfortable bits. It’s much better that we know early so we can manage risk, rather than be surprised in court.
- Keeping key documents together
- Court documents, emails, text messages, bank statements, medical reports, school reports, and anything else we ask for.
- Answering our questions as fully as you can
- Sometimes we will ask detailed or difficult questions. We are not judging you – we are preparing for how the other side or the Court might see things.
- Responding promptly to requests
- Often we are working to strict court deadlines. Delays in information can limit what your barrister is able to do.
The clearer the information we have from you, the stronger and more accurate the advice and advocacy we can give.
What to expect at a conference with your barrister
You will usually meet your barrister at a conference – either at our office, at the barrister’s chambers, online, or at court.
At that conference, you can expect:
- Introductions and a plain-language explanation of their role
- A chance for you to tell your story in your own words
- Questions from us and the barrister to make sure we understand the facts and your priorities
- Discussion about possible outcomes, risks, and next steps
- Preparation for any upcoming hearing or mediation, including what will happen on the day and how you can prepare
You are welcome – and encouraged – to ask questions. This is your life and your matter. No question is too small or too silly.
Talking about fees – no surprises
We understand that money is a big concern in legal matters.
Before we brief a barrister, we will:
- Explain why we think it’s necessary
- Provide information about the likely costs for their work
- Let you know what parts of your matter they will be involved in (and what parts we will continue to handle ourselves)
If you are ever unsure about fees, please ask. We would much rather talk about it openly than have you worried or guessing.
Feeling nervous? That’s completely normal
Most people going through family law proceedings have never been in this situation before. It is completely normal to feel:
- Nervous about meeting a new lawyer
- Worried about being judged
- Scared about what will happen in court
- Unsure about whether you’ll “say the right thing”
Our role – and your barrister’s role – is to support and guide you, not to criticise you. We will:
- Help you understand the process step-by-step
- Prepare you for what to expect at court or mediation
- Talk honestly with you about strengths, weaknesses, and options
- Work hard to protect your interests and your children’s wellbeing
The bottom line: You have a team behind you
Briefing a barrister is not about making things more complicated; it’s about strengthening your support.
When your matter needs it, having both a solicitor and a barrister:
- Gives you a broader range of experience and strategy
- Ensures you are well represented in court and negotiations
- Can improve your chances of a workable, safe, and fair outcome
If you’ve been told that a barrister will be involved in your matter and you’re feeling unsure, we’re here to talk it through.
If you’d like to understand more about how a barrister could assist in your family law matter, speak with the ALA Law team – we’re always happy to explain the process and what it means for you.