Barristers and solicitors form the ultimate legal partnership, with an essential mutual reliance at its heart. But it is not always smooth sailing in the courtroom. Briana Everett and Claire Chaffey report as the mud gets slung.

SOLICITORS HAVE THEIR SAY: Given the chance to vent their frustrations and to say with all honesty how barristers really get on their nerves, solicitors seem to share a number of pet peeves.

While admitting that working with barristers is usually smooth-sailing (well, almost), solicitors didn't hold back when it came to the barristers who have let them down in the past.

"Most of the counsel I work with are fabulous, but there are some that I'll never brief again," says Swaab Attorneys litigator Michelle Harpur. "I really think that most of them provide great service and it's really gratifying working together, but I will not brief those who let [me] down. You're bitten once."

Show them some love

Like any relationship, communication is vital. However, it appears that barristers can sometimes let the team down through their lack of communication and availability.

According to some solicitors, barristers often go missing in action and catching them on the phone can sometimes be near impossible.

"Lack of oral communication, failure to return phone calls and general inability to contact one another has a major negative impact on the relationship between barristers and solicitors," says Solicitor X. "The key to the success of the relationship is working together, which can't be effectively achieved without sufficient communication."

"When I think about what really irks me, it's the barrister who tries to do stuff on the run and does not pay proper attention to the case

until it's a little bit late"

Michelle Harpur, partner, Swaab Attorneys

Solicitor X says a solicitor should be able to contact the barrister when necessary and the barrister, whether senior or junior counsel, should be available to discuss the matter with the solicitor when required.

"Problems arise when barristers, for whatever reason, are unavailable to communicate with solicitors," he says. "Sometimes, but not always, it is appropriate for the senior counsel to communicate with the solicitor via the junior counsel. Senior counsel who refuse to communicate directly with solicitors, but insist on communication going via junior counsel, tend not to contribute to a strong working relationship."

While it's the lack of communication and team work that seems to bother solicitors the most, the failure by barristers to devote their full attention to a case also causes some friction.

"Many of them - the good ones - are just too busy," Harpur explains. "The difficulty with that is the tendency for some of them to deal with things too much on the run … when I think about what really irks me, it's the barrister who tries to do stuff on the run and does not pay proper attention to the case until it's a little bit late."

"Lack of oral communication, failure to return phone calls and general inability to contact one another has a major negative impact on the relationship between barristers and solicitors" Solicitor X

Solicitor Y agrees and says what irritates him the most is when barristers haven't read their briefs properly, particularly once the clients become involved. Solicitor X points out that barristers are briefed so they can provide appropriate support and assistance from the outset - and not just for court appearances.

"[What frustrates me are] barristers who only properly consider the brief shortly prior to a hearing and then raise numerous concerns or requirements that could have been raised at a much earlier stage in the proceedings," says Solicitor X.

Similarly, included in the group of barristers Harpur will never brief again are those that have been involved in the case from its early stages, have given advice and then changed their opinion after finally looking at the brief right before the hearing. "They've been winging it for nine months, [the] hearing comes along and then they sit down and look at it and go: 'Oh I didn't understand this' or 'I didn't understand that'…" Harpur says.

And don't forget the client

According to solicitors, some barristers could show a little more sensitivity towards clients and pay them more attention.

And while it's not the norm, a real gripe for solicitors is when barristers are condescending to clients or solicitors. "Whilst it doesn't happen very often, barristers [can be] impolite to clients or treat clients with disdain," says Solicitor X.

"Not all barristers relate well to clients and nothing is more annoying than having to persuade the client that the barrister you have engaged for their case is actually on their side," adds Solicitor Y.

Barrie Woollacott from Slater & Gordon says barristers could be more sensitive to a client's capacity to understand and comprehend what is going on and by ensuring that the client understands the advice they're receiving. "This is particularly relevant in times of high stress like mediation or trial," he says. "Barristers are under pressure during the trial so they are not always focused on spending a lot of time explaining things to the client, so the solicitor needs to be clarifying or answering any questions the client may have."

Forgetting the client is one thing, but Harpur adds that a number of barristers fail to consider the solicitor as a client as well.

"We all have different roles and solicitors are as much the barrister's client as the party to the proceedings is," she says. "The solicitor, in order to project manage the litigation, requires a degree of service and attention as a client, as does the party to the proceedings."

Barristers vs Solicitors

According to marriage experts, money is well and truly at the top of the "contentious issues" list. And, if money issues aren't sorted out, the whole thing can end in a nasty divorce. Perhaps not so surprising, then, is the discovery that the relationship between solicitors and barristers is no different, and discrepancies over dollars can lead to a parting of ways.

>> Read Part 1 of our feature:

What Barristers want