ABSTRACT
Lack of preparation is not necessarily a good reason for an adjournment! You will be expected to have prepared as well as possible despite the lack of time available. Counsel has a duty not to return a brief without explaining the reasons to the instructing solicitor and not to withdraw from a case in circumstances where the client may be unable to find other assistance in time to prevent prejudice being suffered by the client. If, however, you are not competent to take the brief but there is not enough time to put the hearing off, or you find that more information or evidence is necessary, you will have to explain this to your client and the court. Counsel should speak to their clerks and instructing solicitors to find out why the instructions were late or inappropriately allocated, bearing in mind the wasted costs provisions.
