Description of the legal term Brief:
In law, a brief is a set of instructions and documents given by a solicitor to a barrister in relation to a case on which they have been asked to advise or represent in court. The brief usually contains all the necessary information about the case, including details of the legal issues, the facts of the case, evidence, witness statements and any relevant case law or legislation.
The purpose of the brief is to provide the barrister with a comprehensive overview of the case so that he or she can prepare effectively for court or for giving legal advice. It serves as the primary means of communication between the solicitor, who usually has direct contact with the client and manages the preparatory aspects of the case, and the barrister, who specialises in advocacy and provides representation in court.
Legal context in which the term Brief may be used:
Criminal case brief
In a criminal case, a solicitor representing a person charged with a serious offence prepares a brief for the barrister who will represent the client in court. The brief includes the charges against the client, details of the alleged offence, summaries of the evidence gathered by the police, witness statements and any legal arguments or precedents that may be relevant. The barrister will use this information to fully understand the case, develop a legal strategy and prepare for trial, including planning the cross-examination of witnesses and the presentation of the defence.
Civil litigation brief
In a civil case, such as a dispute over a contract, a solicitor will prepare a brief for a barrister who will advise on the case or represent the client in court. This brief includes the contract in question, correspondence between the disputing parties, a timeline of events, statements of the financial or other losses claimed, and relevant legal precedents. The barrister will study the brief to understand the nuances of the case, advise the client on the strengths and weaknesses of their position, and prepare for any court hearings or negotiations.
