Seeking Counsel Advice

[breathe21]

If someone is seeking counsel advice regarding a dispute does this mean they are considering court proceedings? If counsel didn't think they had a strong case what would they advise?

[Barmaid]

It means that they are seeking the advice of a barrister. Generally, they are probably thinking about issuing proceedings; but it could be that they just want to explore options.

If it is Counsel's opinion that there is not a strong case, they will so advise. it does not necessarily mean that the client will follow that advice.

[Peter Pedant]

Barmaid is my fave...
Hi Barmaid !

If they are seeking counsel's advice [ but it always depends on the facts - I learnt that from BM ] I would take the view of can we settle this without the lawyers, it will be cheaper for us both.

Generally speaking, counsel's advice will identify the legal principles at stake and then say how he thinks the case will go. - for the other side. Obviously to get to that stage they have already racked up lawyers fees

Will the barrister ever tell the other side the case is a dog and they should settle ?
well perhaps
I was suing a computer for saying it was upgradeable and then when the time came to upgrade it was impossible - no lugs for the thingey to hang onto inside the machine -

So on the Friday before the Monday case, we wrote to them saying - your counsel is gonna read my/our statement and say - 'they will be able to prove everything in this statement' and so we will consider a sensible offer.....and they paid up 4 pm Friday with kick off booked at 9 am Monday.

but as you can see - that case "went to the wire...."


However in an employment case, my union sent a lawyer ( hey listen this barmaid ) at their own cost to the employer to tell them they cd not win their case (!) but the employer insisted and persisted in throwing away public money
http://www.nursingtimes.net/nursing-practice/clinical-zones/management/hospital-trust-acted-unlawfully-in-attempt-to-block-pay-increments/5041875.article
so the employer lost the case in court and the union claimed £150 000 of your tax payers money from the Hospital to get them to concentrate next time they did this. [ my union was seeking a High Court declaration in which costs are recoverable in case someone says hold there s something wrong with this story ]

[breathe21]

Thanks. Its a case where i need to have a registered caveat removed. The person contesting the will is saying i forced and made the testator change his will when diagnosed with a terminal illness and i made the person dependable on me making him feel had to leave me everything. I have now gathered witness statements including two from medical personels who all affirm the testator knew what she was doing and was a strong character who would not do anything she did not wish to do. She was not on medication until a year after the will was made. The testator was a close relative of mine and an estranged relative o the disputer for the past 12 years through no fault of the testator.

[breathe21]

Sorry have referred to her him a couple of times!

[factor-fiction]

Is this the same will dispute as the jaycee case, breathe?

[breathe21]

It is, sorry to confuse. I am now stopping this account and jaycee401 will just come on!