Barristers: Interview with Olla Otrebski

Barristers have an important role in family law matters. We engage barristers to prepare advices on complex issues, provide a second opinion on the strengths and weaknesses of a client’s case, assist in the development of a case plan and present matters at interim and final hearing.

This week we present our interview with Olla Otrebski, barrister at Edmund Barton Chambers and Orange Chambers.

Olla Otrebski

Barrister, Edmund Barton Chambers and Orange Chambers

What is the difference between a solicitor or a lawyer and a barrister?

Solicitors and barristers are both lawyers. They completed a law degree at university and have been admitted, in the case of NSW, into the Supreme Court of New South Wales onto the Roll of Lawyers.

Barristers have sat an additional exam, called the Bar Exam. You do not need to practice as a solicitor to become a barrister.

Solicitors are experts in providing legal advice, negotiating settlements, collating evidence and drafting court documents. All solicitors are able to appear in court, but some choose not to and brief a barrister to appear instead.

Barristers, like solicitors, are experts in providing legal advice and negotiating settlements. However, the expertise of barristers is to present a client’s case and argument to the Court in the most persuasive way. They rely on the documents and evidence prepared by solicitors to run a client’s case.

You can see that both solicitors and barristers have an important role to play. One is not better over the other; rather they perform different functions in the legal process.

What qualifications do you need to become a barrister?

You need to be admitted to the Supreme Court as a lawyer, sit the Bar Exam, achieve a minimum 75% mark in that exam and complete the NSW Bar Practice Course.

What is an SC or QC?

SC stands for Senior Counsel. QC stands for Queens Counsel (now KC for Kings Counsel). Both acronyms represent senior and highly regarded barristers in their field.

In NSW, all of these appointments prior to 1993 were called Queens Counsel. All new appointments after 1993 were appointed as Senior Counsel. The status is the same.

Some States and Territories in Australia still use Kings (formerly Queens) Counsel.

Why do you wear the wig and black gown to court?

The tradition of barristers wearing wigs and robes (also known as regalia) comes from keeping a sense of formality in the proceedings, in addition to disguising the advocate (barrister) and judges. Some also say that this disguise promotes equality before the law by concealing personal features of an advocate, so that the focus remains on what he or she is arguing.

I practice in family law, where barristers do not wear wigs. This is to make the process a little less formal and daunting for families. Barristers continue to wear robes at trials in family law hearings or in hearings where a person may be cross examined.

Why do people use barristers?  Can’t a solicitor just appear for me?

Solicitors and barristers have some overlapping skill sets. However, barristers are experts in persuasion and presenting arguments in Court. It is what they do each day. Solicitors can certainly appear for you in Court; however a dedicated barrister should bring their independent opinion to your case and greater experience in Court work to give your matter the best chance as possible at success.

Can I approach a barrister to act for me without using a solicitor first?

This is a matter for the barrister. Briefing a barrister without a solicitor is called a ‘direct brief’. Barristers are not required to accept briefs on a direct access basis unless they choose to do so. In that case, the barrister must disclose certain things to the client, including circumstances in which it may become necessary to engage a solicitor, the things that they can and cannot do as a barrister and a reasonable indication of their experience.

What do barristers charge?

The principle behind barristers is for clients to have access to competitive expert advice.  

A barrister’s fees will ordinarily be reflective of his or her experience as a barrister rather than a lawyer. As such, a first year barrister who has been practicing in a field of law for 25 years as a solicitor would likely have the same fees as a first year barrister with less experience as a solicitor. A starting hourly rate for a barrister could be $250 to $300 plus GST.

A barrister with the title of Senior or Queens Counsel will likely have the highest fees, as they are providing premium expertise and advice.

Aside from appearing in Court, what other things do barristers do?

Barristers provide written and oral advice on a matter, such as whether the evidence in a case is strong or weak. Barristers also draft or finalise court documents and participate in mediations and negotiations. Some barristers have qualifications as mediators and arbitrators. 

What do you like about being a barrister?

I very much enjoy the strategy behind presenting a case or argument before the Court. It is intellectually challenging and rewarding work.

We would like to thank Olla for taking the time to answer our questions. 

Please note: the information in this article is general in nature and is not legal advice. For legal advice about your circumstances, contact us to make an appointment with one of our solicitors.