When deciding whether to accept a direct brief, which factors must a barrister consider?

• A. Focus solely on the likelihood of success.
• B. Obtain a detailed understanding of the matter and the client's potential case; consider the form, nature and volume of evidence likely to be required; and assess whether the barrister can conduct the case promptly with available resources and competence.
• C. Check whether the client can pay the barrister's fees.
• D. Seek guidance from colleagues before deciding.

Answer: (B)

The key issue is the barrister’s due diligence before accepting a direct brief. Before agreeing to take on a matter, a barrister must form a clear picture of what the case involves, what the client’s potential claim or defence actually is, and what kind of evidence will be needed to present it effectively. This includes considering the form, nature, and likely volume of evidence—things like documents, witness statements, expert reports, and the overall evidential footprint of the matter. With that understanding, the barrister then has to assess whether they can run the case promptly and competently given their current resources, workload, and areas of expertise.

This approach ensures that representation will be practical and competent, not just theoretically winnable. If the case demands an amount or type of work beyond what the barrister can reliably handle, or if the necessary evidence or expert involvement cannot be managed within reasonable timeframes and resources, it would be inappropriate to accept the brief.

Focusing solely on the chances of success misses these essential practical and professional considerations. Similarly, a client’s ability to pay the fees or seeking informal guidance from colleagues do not determine whether the barrister can provide timely and competent representation.