Monthly Archives: December 2017

On the Roles and Responsibilities of Barristers

LawIt can be confusing when trying to figure out what the difference is between barristers and different types of legal personnel. Basically, a barrister is a type of lawyer, there being two different types of lawyers, solicitors and barristers. To further confuse things, in some countries, like the United States, lawyers are usually both solicitors and barristers, called an attorney-at-law. However, in many countries the two types of lawyer still remain separate, which has its benefits and drawbacks. In countries where they remain separate, a barrister generally specializes in court litigation and is a subject-matter expert in certain types of court cases. In this article, you’ll learn about a few of the specific things a barrister can do.

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Right to Appear Before a Higher Court

Barristers usually have what is called the rights of audience with higher level courts, whereas solicitors may or may not have these rights. For this reason, if a client needs their case to go before a higher court, they will usually need to contact a barrister to make the argument.

Large Base of Case Law Knowledge

As mentioned previously, barristers are frequently experts on certain types of cases. This is beneficial law3because it allows the barrister to build a case for a client or advise the client of the probability of success that the client will have should they bring the case to court. In some cases, a solicitor would not have the knowledge necessary to do this for their client, in which case the solicitor themselves will consult with the barrister.

Apparel

An interesting thing about barristers is that in certain countries, they wear different clothes than the solicitors do. For instance, in the United Kingdom, barristers typically wear horsehair wigs, stiff collars, bands, and gowns. Solicitors only recently gained the right to wear clothes like this in the courts. This is really only the case in the UK, but it is one more thing that distinguishes barristers from solicitors.

Trial Preparation

Traditionally, barristers have a large role to play in trial preparation, however as the traditional roles break down, this is the case less and less. The way that legal firms are building is changing to favor solicitors building the case on their own, with less formal input from a barrister.

The Pros and Cons of a Stand-Alone Barrister

            In much of the world, the role between solicitors and barristers has changed to the point where they are combined. This can be both good and bad. The benefits of having separate roles between solicitors and barristers is that clients get to have a different opinion between their solicitor and a barrister should they need a second opinion. The separation also allows for a better level of trial expertise amongst barristers. However, having both a barrister and solicitor instead of combining the two can result in less efficiency and higher costs. Also, one must consider that a barrister will generally be less knowledgeable about the clients’ needs as opposed to the solicitor. Combining the roles would get rid of this problem.

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Barristers’ knowledge of case law, ability to appear before higher courts, and capability for trial preparation makes them an asset, but it remains to be seen what their role is moving forward.

PROTECT THE ELDERS YOU LOVE WITH STROUD FENNER LAW FIRM, PLLC

stAs family members get older, assisted living, nursing homes, and private care may become necessary to get them safe and healthy.

 

Unfortunately, there have been countless reports of elder abuse at nursing homes and from private care companies. If this happens to an elder you love, it can be devastating and can result in life-threatening injuries, both physical and mental in nature.

 

When you feel that an elder you love has been abused, it’s time to turn to a competent law firm that can help you file an elder abuse case. If you’re looking for an elder abuse lawyer in Tampa, Stroud Fenner Law Firm, PLLC can help you!

 

Here are a few types of elder abuse that the firm has experience dealing with:

 

  • Physical abuse: This type of abuse is caused by any type of physical force that result in an injury. This can include physical restraints.
  • Psychological abuse: This type of abuse is occurring if an elder patient is being threatened, humiliated, or verbally or nonverbally berated in an attempt to cause mental or emotional anguish on the patient.
  • Sexual abuse: This type of abuse is defined as any type of unwanted sexual contact or sexual contact with someone who is unable to consent.
  • Financial abuse: This abuse happens when an elder is forced to change their will, sign over their property, or if their estate is being used improperly.
  • Neglect: Probably the most common issue is neglect. This happens when a facility or company doesn’t properly take care of a patient. This can include withholding medication, not helping them if they slip or fall, and providing poor hygienic care.

 

The Stroud Fenner Law Firm has years of experience in providing representation to clients who have been abused. They put focus on the client and will always be by your side to make sure you are better equipped to make sure your interests are legally protected.

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This law firm is also great if you’re looking for an insurance attorney in Tampa. Insurance attorneys can help by providing representation when you file a claim or fight a decision made by your insurance company.

 

The firm knows that insurance companies have a legal responsibility to act in “good faith” toward their customers, meaning they should be fair and not deny legitimate claims. But, the insurance sector is not without “bad faith” practices. These include claiming to never have received documents, asserting the claim isn’t covered on your policy, delaying a claim, low balling a settlement offer, requiring unnecessary documentation, paying partial benefits when you have full coverage, and more.

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Stroud Fenner Law Firm, PLLC, is here to help protect and defend you against these “bad faith” practices that can result in less of a pay out for you.

Are you ready to start your elder abuse or insurance law suit? Visit Stroud Fenner Law Firm, PLLC, online today at StroudFennerLaw.com. For more information, or to request a free consultation, call 813-489-6889 today.