Briefing Counsel for the First Time: A Human Guide for the New Lawyer

For many new lawyers, briefing a barrister for the first time is quietly intimidating. It is rarely taught in any structured way, yet it arrives early in practice and often in moments of urgency: a looming court date, an unfamiliar issue, a file that has suddenly become more complex than expected. It is common, in those early years, to worry about saying the wrong thing, asking a question that reveals inexperience, or failing to anticipate what counsel might need.

Those anxieties are entirely normal. They are not a sign of incompetence; they are a sign that you care about doing the work properly.

Understanding How the Bar Operates

Barristers practise differently from solicitors. Most operate as sole practitioners. They do not run files, supervise junior staff, or manage the day-to-day mechanics of a matter. Instead, their role is defined by the brief - the specific work they are asked to do, within the time and parameters given.

That structural difference can feel unfamiliar at first. It can also lead new lawyers to assume they are expected to “get everything right” before approaching counsel. In reality, the brief is not a test. It is a starting point.

Barristers understand that litigation is rarely neat. Facts evolve, instructions change, deadlines compress, and occasionally things go awry. That is not a failure of professionalism; it is the nature of practice. What matters most is not perfection, but communication.

Finding and Approaching Counsel

Most barristers are briefed through recommendations, clerks, or professional networks. Clerks, in particular, are an invaluable resource. They know counsel’s availability, experience, and working styles, and they can often suggest someone well suited to both the matter and the moment - whether that requires urgency, strategic depth, or a steady hand.

Initial contact does not need to be formal or elaborate. The purpose is simply to establish whether counsel is available and appropriate for the task at hand. An introductory phone call is not only acceptable; it is often welcomed, especially where the solicitor has not worked with that barrister before.

Clarity Without Pressure

Barristers are “briefed” in the true sense of the word. Their engagement is shaped by what is asked of them. That makes clarity important - but clarity does not require certainty.

You do not need to have every issue resolved or every document perfected before briefing counsel. You simply need to be clear, as far as you can, about what assistance you are seeking, the timeframe involved, and any constraints or sensitivities affecting the matter. Where those things are uncertain, it is entirely appropriate to say so.

Most barristers would far rather be told that a matter is still unfolding than be left guessing.

The Brief as Orientation, Not Judgment

A good brief does not showcase a solicitor’s competence; it orients counsel to the problem they are being asked to solve. Whether through a short covering memorandum or a carefully selected set of documents, the aim is to provide context, not completeness.

New lawyers often worry about either overwhelming counsel with material or leaving something important out. Both concerns are understandable. As a general rule, relevance matters more than volume, and counsel will ask for what they need if something is missing.

The brief is a conversation starter, not a final word.

Working Together When Things Shift

Once counsel is briefed, working styles vary. Some barristers prefer ongoing involvement; others operate more discretely. The most effective relationships are those in which expectations are discussed early and revisited as needed.

It is also worth remembering that barristers are accustomed to change. Courts list matters urgently. Evidence emerges late. Instructions shift. One judge once remarked that barristers are skilled precisely because they can think on their feet - they can pick up a brief at the last moment and be ready to “run with it”.

That is, in many ways, what we are trained to do.

A good barrister does not expect a matter to be perfect. They expect it to be real. Their role is not to judge the solicitor’s performance, but to help stabilise the case, identify the issues that matter, and advocate effectively within the circumstances as they exist.

A Personal Approach

Every barrister works differently. What follows is simply my own approach.

I am always happy to receive introductory calls and to have open conversations about whether I am the right fit for a matter - for you and for the client. When I accept a brief, I see myself as part of the team navigating the problem, not as someone parachuting in at the last moment without context.

I am comfortable brainstorming, workshopping, and thinking through issues as they evolve. I welcome being kept informed, even where matters are still in flux. I would much rather know early that something has changed than find out late that someone felt they had to manage it alone.

I value honest, non-judgemental communication. Solicitors do not need to have all the answers; they need to be willing to ask the questions. I have worked with highly experienced practitioners and with lawyers who are still finding their footing, and I take equal satisfaction in both. Supporting the development of newer lawyers is not an inconvenience; it is part of our professional responsibility.

I remember what it felt like to be new - to feel overwhelmed, uncertain, and acutely aware of the consequences of getting things wrong. Not everyone in the profession responds to that vulnerability with patience, but those who do make an enormous difference. That kind of support keeps good lawyers in the profession. Without it, we lose people who are thoughtful, capable, and deeply committed to the work.

Closing Thoughts

Briefing counsel is not about impressing anyone. It is about building a working relationship grounded in trust, communication, and shared purpose. A strong barrister-solicitor relationship can steady a matter when it becomes turbulent. In difficult moments, counsel should feel like the anchor for a ship in rough seas - not another source of pressure.

If you are new to briefing counsel, know this: you are not expected to do it perfectly. You are expected to engage honestly, communicate openly, and reach out when you need support. That is not a weakness. It is the beginning of professional maturity - and it is how good advocacy, and good careers, are built.

By Ashleigh Morris, Family Law Barrister at Victorian Bar.

For briefing enquiries, please email a.morris@vicbar.com.au or contact Patterson's List on 03 9225 7888.