Counsel Opinion

A Counsel’s Opinion is written advice that will explain in plain language where you stand from a legal point of view, whether you have a strong case if the issue goes to court and what your other options are.

The legal advice from solicitors to clients is usally based on a reading of the case papers, a meeting with the client to discuss the history of the case and the desired outcome. 

Rachel's written opinion complements that advice by providing detailed advice on the law, referencing case law and statue as well as policies, guidance, and protocols, when considering a particular issue. Rachel will provide an objective opinion on the strengths and weaknesses of your case, the prospects of success, and the impact of winning or losing the case on the issue of awards of costs and compensation, where relevant.

Sometimes counsel opinion may include advise that a client may be better off taking certain steps or pulling out of a case where the risks of losing on the substantive matter or on-costs are high. The ultimate decision of course is for the client to take. Provided a case is ethical and arguable, a barrister may run any case pursuant to regulations that govern barristers’ conduct as laid down by the Western Australian Bar Association.

Counsel opinion can be invaluable at the start of a litigation matter. It can provide reassurance to the solicitor who is negotiating with the benefit of counsel opinion.  Counsel opinion can also be reviewed or updated as additional facts or information emerge through the course of a matter.