The Strategy Spine does not end with the solicitor. When a matter reaches the stage where counsel is briefed, the quality of that brief and the relationship it builds depends entirely on the strategic foundation laid in the steps before it. Assess, Explore, Create, and Engage together produce the kind of clear, organised, strategy-led matter that allows a barrister to walk in and immediately understand the case theory, the risks, and the pathway forward. A strong brief is not written at the last minute. It is the output of a well-run Strategy Spine. In family law, the quality of your relationship with counsel can materially shift outcomes for clients. A well-chosen, well-briefed barrister isn’t just an advocate in court — they are a strategic partner in risk assessment, settlement, and case theory.

1. Know why you are briefing — and say it clearly

Too often, counsel is briefed as a reflex (“it’s listed for hearing, better get a barrister”) rather than a deliberate choice. When briefing you must know:

• The primary purpose of the brief
  • Advice on prospects / strategy
  • Representation at interim or final hearing
  • Mediation or conciliation conference advocacy
  • Cross-examination of particular witnesses
  • Drafting or settling documents (Minutes, Case Outline, Position Papers, submissions)
• The stage of the matter
  • Pre-action / early resolution
  • Post-FDR
  • Commencing proceedings
  • Interim Hearing
  • Final Hearing

Putting this purpose in the first page of your instructions helps counsel immediately orient themselves and allocate time and attention accordingly.

2. Choose the right barrister for the matter and the client

Not every “good barrister” is the right barrister for every matter. You must match the client to the barrister, the type of case to the barrister, and your working relationship with the barrister. Consider:

• Subject matter and complexity
  • High-conflict parenting with family violence? You may need someone experienced in DV dynamics, risk, and child-focused evidence.
  • Complex property pools, trusts, SMSFs, or corporate structures? Look for counsel with strong commercial literacy and comfort with expert evidence.
• Seniority and style
  • Do you need a senior silk for a novel point of law?
  • Or a pragmatic junior who is settlement-oriented, accessible to clients, and cost-effective?
• Temperament and fit
  • Will this counsel’s style support or distress your client?
  • Does their communication style mesh with yours?
  • Are they collaborative or combative in conferences?
• Values and diversity
  • Does counsel understand cultural nuance, trauma, LGBTIQ+ families, disability, or other specific factors relevant to your client?

Be intentional in the counsel you choose for your client’s case, because it makes a big difference.

3. Build a purposeful brief, not a document dump

Barristers don’t need everything — they need the right things, clearly signposted. A high-quality family law brief usually includes:

• A clear, concise letter of instructions and observations
  • Background summary (1–3 pages)
  • Current procedural posture and upcoming dates
  • Issues in dispute (parenting, property, child support, spousal maintenance, injunctions, etc.)
  • Specific questions you want answered
  • Orders sought and realistic fallback positions
  • Your personal observations to assist counsel in management of the matter and often the client
• A timeline or chronology
  • Procedural history
  • Factual history
• If property — a balance sheet or schedule of assets and liabilities
  • Agreed vs disputed values
  • Financial resources and s 75(2) factors
• Key source documents only
  • Applications, Responses, current Orders
  • Affidavits (filed and draft)
  • Family Reports / expert reports
  • Subpoena material or summaries (if voluminous)
• A well-organised index
  • Paginated; separated into sections (Court documents, Evidence, Financial, Expert, Miscellaneous)

If time is short, prioritise: instructions, Court documents, key affidavits, balance sheet, and a chronology — and tell counsel what’s missing.

4. Share your case theory — and invite it to be challenged

Counsel can only enhance a case theory that exists. In your instructions:

• Set out your current case theory in 2–3 paragraphs:
  • “This is a case about…”
  • Why your client’s position is just and equitable / in the best interests of the children.
  • How you propose dealing with the weaknesses in your case.
• Flag key evidentiary risks and gaps
  • “Our client’s credibility may be challenged on…”
  • “We have limited corroboration for…”

Then explicitly invite counsel’s critique: “I would value your views on whether you agree with this case theory, and if not, how you would refine or re-frame it.” This frames the relationship as genuinely collaborative and allows counsel to use their experience to sharpen the narrative, not just “run” what they are given. Your observations are also essential in giving counsel the context of the dynamics in play — both from a client management and matter management perspective — and may significantly change the advice provided.

5. Clarify roles, communication and expectations early

Misunderstandings about who is doing what create anxiety, rework, and fee blowouts. At or shortly after briefing, clarify:

• Who is responsible for:
  • Drafting / settling affidavits
  • Preparing Case Outlines, submissions, and cross-examination notes
  • Client management and updates
  • Negotiations before/during hearing or mediation
• Communication pathways
  • How urgent queries are to be sent
  • Who in your office can give instructions (you, another solicitor, a clerk?)
  • Whether counsel is comfortable with direct client emails (usually via you)
• Turnaround times
  • When you need advice / settled documents by
  • Any hard court or limitation deadlines

6. Use conferences with counsel strategically

Don’t treat conferences as a tick-box exercise before hearing. Use them to:

• Stress-test your case theory and evidence
• Reality-test your client’s expectations about outcomes and risk
• Prepare your client for cross-examination and adversarial process
• Examine settlement options and Plan B/Plan C outcomes

Prepare your client beforehand:

• Explain counsel’s role and style (“They may ask some confronting questions, but they are on your side”).
• Encourage them to be honest about their worries and objectives.
• Reassure them it is normal to feel nervous.

A well-run conference can be a turning point in a matter.

7. Be transparent about fees and scope

Fee shock destroys trust — with your client and with counsel.

• Seek clear estimates or fixed fees where possible for:
  • Advice
  • Mediation or conciliation appearance
  • Interim / final hearing days
  • Preparation time
• Confirm scope in writing to both client and counsel:
  • “You are briefed to attend the interim hearing listed on…”
  • “You are not currently briefed to draft any further affidavits unless specifically requested.”
• Update promptly if the scope changes:
  • New issues, extra days, additional witnesses, further expert reports.

Being proactive with budgeting helps preserve goodwill on all sides.

8. Work as one team in front of the client

The solicitor–counsel relationship is part of the therapeutic (or at least non-harmful) environment around your client. Aim for:

• Aligned messaging — don’t contradict counsel in front of the client (or vice versa). If you disagree, step out and talk it through.
• Respectful interactions — your client is watching how lawyers treat each other. It shapes their trust in the process.
• Shared boundaries — around unrealistic expectations, late instructions, or unhelpful behaviours (e.g. social media posts during litigation).

When the team is cohesive, clients feel held and more able to make sensible decisions.

9. Common pitfalls to avoid

• Briefing too late (days before hearing) with no time for meaningful input
• Sending mountains of unfiltered subpoena material with no summary
• Vague or missing instructions about settlement parameters
• Expecting counsel to “fix” a poorly prepared matter at the eleventh hour
• Failing to debrief after a hearing about what worked, what didn’t, and how to refine for future cases

10. A simple checklist for your next brief

Before your next family law brief goes out, ask:

• ☐ Have I clearly stated why I am briefing?
• ☐ Have I chosen counsel who suits the matter and the client?
• ☐ Does my brief contain a case summary, chronology, and balance sheet?
• ☐ Have I articulated a case theory and invited feedback?
• ☐ Do counsel, client, and I have aligned expectations about roles, communication, and fees?

If yes, you’ve set up your barrister relationship — and your client — for the best possible chance of a strong, strategic outcome. Briefing counsel well is, at its core, an act of strategic communication: the transmission of a well-built matter from one professional to another. When the Strategy Spine has done its work, that transmission is seamless. The case theory is clear, the evidence is mapped, the risks are flagged, and the pathway is designed. The Engage step of the Spine is built to support exactly this kind of deliberate, structured collaboration — because strategy that cannot be communicated is strategy that cannot be executed.