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I see no problem whatsoever. I don't very often have cases in the Court of Appeal, funnily enough, and if I did, I would not want to deal with them in house.

But for the run of the mill County Court stuff - which is obviously the majority - we instruct Counsel when it suits (because of court location) or if it's a dead cert the other side will be paying the costs and we can justify getting an extra advice (and getting paid to do so). Other than that, I see no reason.

And what sauce the goose is sauce for the gander, so perfectly reasonable for Counsel to step in and deal with the litigation.

As has been said, but to precis:-

1) I'd love to know how a judge (especially a Circuit Judge) would react if a barrister missed a deadline. I think we all know the answer to that, and I think we all know it will not be the same as if a solicitor missed it.

2) Following on from that, would a barrister have the capability, and be geared up for, making an application for relief from sanctions in respect of their own breach, with the need to exhibit copy file notes, and copy correspondence, etc.? Most barristers I know are extremely intelligent and capable individuals, but p*ssing about with copies of documents and file notes is not their forte.

3) A barrister above pointed out that they often do attendance notes of court hearings. Which is true. But I have never yet known a barrister to make an attendance note of a conversation with a client, or telephone discussion, etc.

Now attendance notes often don't matter anyway, unless you get sued and the client says "he never told me xyz". And as stated at point 1) above, I can't see Counsel getting anything other than an easy ride from His Honour.

But on the solicitors side, I don't agree with all the comments about having to put up with clients. The fact is we don't. I certainly don't. If a client hasn't put money on account, they don't get to speak to me. If they have, then I charge them for the call which I will gladly take. But most solicitors don't work like that, and they perhaps ought to.

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