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When were you told of the trial date?
When were you given the trial date? When were you made aware of it?
When were you first given the trial date. That is what I need to know. Are you saying you have been given only a weeks notice? Were you given a trial window?
When were you first aware of the trial date?
Ok. So you have another Barrister who is looking at the case?
Please bear in mind I am not just sat by the computer waiting for you. I have other work too. Has your current solicitor applied for an adjournment?
Ok, is it normal a Barrister gets things on what must seem late - yes.
I myself have a fraud trial starting Tuesday and I don't have the papers yet. But this is quite normal, your solicitor will brief the barrister and you are having a conference.
Barristers are able to absorb lots of information quickly and come to grips with the material.
Your Solicitor can apply for an adjournment on your instructions if you wish. However if it is not granted the trial will go ahead. You can either use the representation you have, which I suggest you do, or go it alone.
If you are convicted you always have an option of an appeal.
But don't worry about the barrister getting the papers now, this is normal
Can I clairfy anything for you about this today please?
You only adjourn because lack of prep time.
But if f the court says no you have to go ahead.
No, you do not get an automatic appeal.
But anyone can appeal at the end of a case.
Does that clarify?
I think I have already answered that. It happens all the time. People get cases what seems late but these are professional barristers. They do this all the time. If the barrister was not satisfied he was prepared he would apply for an adjournment
The rules say you can't take on a case if you are not prepared.
Does that clairfy?
Yes he can do it later that day or before trial
The barrister won't and can't do it if not ready.
Then it would be your own fault and the court is unlikely to grant an adjournment.
No. but you still wouldn't get an adjournment as it would be your own fault.
You could still instruct this barrister on a private basis.
if it was genuinely not your fault then it could be asked for. But even then not guaranteed.
But if you had the accident on purpose then the answer is no.
As I have said you can apply at any time but it is not gauaranteed and if the judge said no the trial must proceed. There is no automatic right of appeal in that case.
I have also said twice that the barrister won't go ahead if they are not prepared, it is against the code of conduct.
She wouldn't take on the case if she was not competent. Again, it's against the rules. You can ask all these questions at the conference. Sadly I can't really add any more.
I have given you my legal view and even what the code of conduct says. Anything else I would be repeating myself.
You don't get one. There is a right of appeal, which anyone can use.
Yes. But there is right of appeal.
I really think you should focus on the conference and get your questions ready for the Barrister and Ask about preparation etc.
If I could ask you to rate my answer before you go today, otherwise the site does not