Rochelle is a family law barrister, but what does that actually mean for you?

A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. New Zealand still has a “split profession”, although the distinction is beginning to fade.

Barristers specialise in Courtroom advocacy, drafting legal pleadings and documents and giving expert legal opinions. They can be contrasted with solicitors, who are office-based lawyers who can provide transactional services such as conveyancing and wills.

In New Zealand, all lawyers are at first admitted to the roll as both a “Barrister and Solicitor of the High Court of New Zealand”. But once they have sufficient experience, lawyers can choose to practise as a “barrister and solicitor” or as a “barrister sole” instead of a solicitor.

I have chosen to practise as a “barrister sole” because I have specific expertise in advocacy, process and procedure in the Family Court.

How does this affect you?

Practically speaking, this is unlikely to affect how you instruct me in any significant way.

The general rule is that barristers have to accept instructions via an instructing solicitor. Historically this meant that clients could not, for example, telephone a barrister directly and make an appointment. Clients would have to engage a solicitor first, and the solicitor would then engage the barrister. Of course, this led to “double charging” for the client who had to pay two lawyers! 

Nowadays, clients often prefer to go straight to the expert and engage a barrister directly, without also engaging a solicitor.

I have been approved by the NZ Law Society to take direct instructions from clients, meaning you are able to contact me directly and make an appointment. Find out more about what happens when you first consult a divorce lawyer.

In most simple family law matters, I will be able to take instructions directly from you, without the need for an instructing solicitor.

If your matter involves a more complex relationship property settlement or if you live overseas, and particularly if I require a retainer to be paid, an instructing solicitor will need to be retained.

If I require a retainer to be paid, an instructing solicitor will be required. This is because barristers are not permitted to operate trust accounts or handle clients’ money (other than accept payment for services after an invoice is issued) so any retainer I require as security for work to be done in the future must be held by an instructing solicitor, in his/her trust account. 

Even if I commence working for you on a direct instructions basis, if matters become particularly complex, or if it is in your best interests or the interests of justice, I may decide to retain an instructing solicitor.

​Barristers do not do conveyancing, manage trusts or companies or prepare wills. If you require this sort of work to be done, I can recommend a solicitor and liaise with them to ensure the work is done as efficiently as possible.