When a civil action or criminal prosecution is current,
or in contemplation, a practitioner may often require assistance
from an Advocate on their client’s behalf. This need may
arise even in situations where no legal proceedings are contemplated.
There are many sound reasons for seeking Counsel’s help.
- Pressure of business, preventing the busy practitioner
from devoting the necessary time to the problem.
- Realisation that the practitioner does not have sufficient
expertise in advocacy, or in the legal field concerned.
- Appreciation that the problem might benefit from an independent
review which would not cut across the existing solicitor-client
Whatever the reason, the option of engaging Counsel should
always be considered by practitioners wishing to provide their
client with the best possible service. The combination of
Counsel and agent is often the best representation a client
could wish for and, as already indicated, practitioners will
never feel that the client is other than their own.
While they hold professional instructions, Counsel must act
as they think appropriate, having regard not only to the interests
of the client, but also to their duty towards the Court. However
the scope and duration of such instructions are always matters
to be determined between practitioner and client.