Steve Keall
Barrister

FAQ

What is a barrister?

Every lawyer in New Zealand is admitted by the High Court as a “barrister and solicitor”. In practice, though, the profession divides: most lawyers practise as solicitors in a firm, while a smaller number practise as a barrister sole.

A barrister sole practises independently rather than in partnership, and does not hold client money in a trust account. The work is concentrated on advocacy and advice — appearing in court and before tribunals, drafting pleadings, giving written opinions on the merits of a claim or defence, and advising on strategy. Barristers are engaged case by case, so a client can obtain specialist input on a particular problem without changing their usual legal advisers.

Barristers commonly work from chambers — shared premises and services, with each barrister remaining an independent practitioner rather than a partner in a firm. Steve is a founding member of FortyEight Shortland, commercial and civil barristers' chambers in Auckland.

A barrister is usually instructed through an instructing solicitor, who holds the client relationship and the day-to-day conduct of the file. Direct instruction by a client is possible in some circumstances. If you are not sure which applies to your situation, get in touch and it can be sorted out at the outset.

What is civil litigation?

Civil litigation is the resolution of disputes between parties — individuals, companies, trusts, or public bodies — about legal rights and obligations. It is distinct from criminal law, which concerns prosecution and punishment by the State. A civil claim asks a court to decide who is right and to grant a remedy: most often damages, but also injunctions, declarations, orders for specific performance, or the setting aside of a transaction.

Common civil disputes include:

Which forum hears a claim depends mainly on its value and complexity. The Disputes Tribunal deals with smaller claims informally and without lawyers; the District Court has a general civil jurisdiction up to $350,000; the High Court hears larger and more complex claims and has unlimited jurisdiction. Appeals lie to the Court of Appeal and, with leave, to the Supreme Court. Some disputes are dealt with by specialist tribunals, or by arbitration or mediation outside the court system altogether.

A proceeding usually begins with correspondence between the parties setting out the claim and the response to it. If the matter is not resolved, the plaintiff files a statement of claim and the defendant a statement of defence. The parties then exchange relevant documents by way of discovery and prepare written briefs of evidence, with interlocutory applications dealt with along the way. Most cases settle — by negotiation, mediation, or judicial settlement conference — before reaching trial. Where a case does go to trial, the judge gives judgment and will usually order the unsuccessful party to contribute to the successful party's costs, although scale costs rarely cover the full amount actually spent.

Litigation takes time and money, so the first question is often whether a claim is worth bringing or defending at all. That early, candid assessment is one of the things a barrister is well placed to give. See Experience for the areas Steve works in, or get in touch to discuss a matter.