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THE HIGH COURT

Record No. [insert High Court record number]

BETWEEN

1. [insert name]        Plaintiff

1. and

1. [insert name]        Defendant

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Instructions/Brief to Counsel

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General

This Precedent and drafting notes provide a starting point for preparing instructions to counsel for the purpose of obtaining advice from counsel, asking counsel to draft or approve pleadings, or appear at a hearing or the trial to represent the client. It will need to be tailored appropriately to fit the circumstances of the individual case. The instructions to counsel will be drafted by and submitted to counsel by the client’s instructing solicitors.

Counsel is usually instructed to:

—advise on the merits of the claim generally

—advise on a specific complex or technical issue

—draft or approve a plenary/summary summons and/or statement of claim/affidavit, and/or

—conduct advocacy at a hearing or the trial

Upon receipt of a brief, counsel has to make rapid decisions about whether or not they are able to accept the brief. The Code of Conduct for the Bar of Ireland and the Legal Services Regulatory Authority’s Code of Practice for Practising Barristers has established specific rules governing whether barristers may