There are many myths surrounding the briefing of counsel. See http://www.lawyersweekly.com.au/careers/briefing-counsel-the-myths. This set of slides provides a practical step by step approach to briefing counsel both traditionally and digitally.

1. mtecc.com.au
Briefing Counsel: How to Get
More Bang for Your Buck
Perth, 9 June 2014
Robert Harper SC & Laina Chan
Barrister
Barrister and Mediator

2. mtecc.com.au
Introduction
• Litigation is complex and expensive.
• Efficiency in preparation and presentation is essential:
– To contain costs;
– To formulate the most effective case presentation.
• Client engagement and confidence is best achieved by cost
containment and an early coherent strategy.
• Early involvement of counsel to advise on strategy, tactics
and preparation is critical to achieving the best outcomes.
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Preparing your Brief: An
Overview
The aim:
1. Identify desired outcomes and central goals;
2. Knowledge will ensure accurate and timely
advice;
3. Ensure that counsel is adequately informed of all
salient features of the case, the good, the bad and
the ugly.
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Briefs for Different Purposes
• Brief to advise on the commencement of
litigation
• Briefs on hearing, including hearing by way
of interlocutory process such as notice of
motion.
• Briefs on hearing of trials
• Briefs to advise in conference
• Briefs to advise generally
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Form of the Brief
There are some standard components for any
hard copy brief:
1. Indexes
2. Tabs
3. Labels
4. Spine Labels
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6. mtecc.com.au
Purpose: Commencing Litigation
Preparing Your Brief: Essential Details
• Detailed instructions;
• Copies of relevant transactional documents;
• Copies of relevant correspondence, emails,
file notes.
• Early conference to identify issues, goals
and way forward.
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Purpose: Litigation on Foot
Preparing Your Brief: Pleadings
• Pleadings are the key to any case;
• Chronological order should be avoided except
within types of pleading
• Order of pleadings:
– Statement of claim
– Defence
– Any replies
– Cross-claims
• Most recent amended pleading comes first
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Purpose: Litigation on Foot
Preparing Your Brief: Orders
• The History of the Proceedings
• Copies of all court orders previously made
• Copies of inter partes correspondence
during the proceedings
• Relevant documents – client documents,
discovered documents, subpoenaed
documents
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9. mtecc.com.au
Purpose: Litigation on Foot
Types of Brief: Interlocutory Process
After pleadings and orders, always include:
1. Notice of Motion or other process
2. Affidavits in support
3. Any affidavits in reply from Respondents
4. Any cross motion and affidavit in support
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Purpose: Litigation on Foot
Preparing your Brief: Trial
• Evidence;
– Lay Evidence
• Evidence in Chief
• Evidence in Reply
– Expert Evidence
• Evidence in Chief
• Evidence in Reply
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Preparing your Brief: Trial (cont’d)
• Affidavits: Always include Annexures or
Exhibits
• Organised by party, affidavits aggregated by
witness
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Purpose: Advice on Evidence
• Advices on Evidence can be an extremely
useful tool for preparing a case for trial;
• Pleadings;
• Evidence served to date;
• Draft evidence;
• Chronological bundle of relevant
documents.
• Place the earliest documents on top.
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Purpose: General Advice
• Pleadings (if available)
• Evidence (if available)
• Chronological bundle of documents sourced
from client/project documents, inter partes
correspondence
• Inter partes correspondence
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Purpose: Conference
• Agenda
• Depends upon where case is at
• Pleadings, evidence….
• Share your knowledge
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Keeping Counsel Informed
• Even if counsel is not involved in the Day
to day, periodical updates;
• Hard Copy or Email or Telephone call or all
of the above?
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16. mtecc.com.au
Electronic Storage
• Remote Server
– Using remote servers such as Dropbox or
Google Docs, solicitors can share folders with
counsel
• iPad: GoodReader App
– Synchronise your devices with a remote server
such as Dropbox
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17. mtecc.com.au
How to Prepare an Electronic
Brief:
1. Start with Hard Copy Brief
2. Follow all of the above steps
3. Scan and convert to PDF
4. Label each electronic file
a. Labels on Electronic Folders should be as
informative as possible
5. Load onto Server e.g. Dropbox
6. Share access with counsel
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18. mtecc.com.au
The Key to getting more Bang for
Your Buck:
• Involve counsel early for guidance on
preparation and strategy
• Ensure counsel is informed of all relevant
developments
• Ensure counsel is briefed with all relevant
documents
• Be responsive to counsel’s request for
information
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