What should be included in a brief to counsel?
Your memo should set out all the details required to effectively communicate the key facts and issues, and may include:
- Setting out the claim or allegations made.
- Setting out your client’s position.
- Flagging potential issues of contention.
- Notifying counsel of any settlement negotiations or possible settlement options.
What is a brief to advise?
Brief to counsel is a summary prepared by a solicitor for a barrister, containing all of the information and documents relevant to the presentation of a case in court. Brief to advise on evidence; Brief to settle a document; or. Brief to appear at a hearing.
What is the purpose of a brief to counsel?
There may be situations when it would be better for someone other than the legal representative handling the case to try and negotiate a settlement. (i) Asking Counsel to appear as advocate, to attend interim or final hearings (in which case the written instructions are called a ‘Brief to Counsel’).
What is counsel advice?
A Counsel’s Opinion is written advice that will explain in plain language where you stand from a legal point of view, whether you have a strong case if the issue goes to court and what your other options are.
What are observations to counsel?
Observations to counsel. Index to brief to counsel….Generally the brief should contain:
- some brief observations of the facts relating to the work the barrister is asked to perform;
- the specific questions (if any) upon which the barrister’s advice is sought; and.
- the documents relevant to the issues.
How do you structure a legal brief?
Steps to briefing a case
- Select a useful case brief format.
- Use the right caption when naming the brief.
- Identify the case facts.
- Outline the procedural history.
- State the issues in question.
- State the holding in your words.
- Describe the court’s rationale for each holding.
- Explain the final disposition.
What is the difference between a brief to counsel and instructions to counsel?
When it is appropriate to use a barrister, the barrister is sent ‘Instructions’ (when asked to give an opinion on a case) or a ‘Brief’ (if the barrister is to appear in court).
What does it mean to ask for counsel?
Right to counsel means a defendant has a right to have the assistance of counsel (i.e., lawyers) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant’s legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial.
What is the difference between counsel and counsel?
A council is meeting for discussion or advice, but to counsel is a verb meaning to give advice. They sound exactly the same, but the language council met and decided to counsel you on how to keep them straight. If you need a verb or a lawyer, use counsel because she’ll say something helpful.
What is advice on evidence?
In the case of : Oshry & Lazar v Taxing Master & another 1947 (1) SA 657 (T) at 662 the Court also has this to say about advice on evidence : “ In preparing advice on evidence the whole case has to be considered; the pleadings have to be considered, the documents discovered have to be considered and then Counsel …
