Brief to counsel preparation
A clean brief is the difference between a productive conference and a wasted one. This checklist walks through the standard steps.
This is a 12-step checklist for preparing a brief to counsel. It covers scope, memorandum, bundle, authorities, fee agreement and lead time.
The checklist
Define the task
Advice, appearance, drafting or full brief for hearing. Agree scope in writing.
Confirm counsel availability
Confirm availability for conferences and the hearing window before briefing.
Agree the fee basis
Hourly, daily, refresher or capped fee. Issue a fee agreement in accordance with the Uniform Law.
Draft the memorandum
Short memorandum setting out the facts, the questions for counsel and the instructions sought.
Prepare the bundle
Indexed, paginated, tabbed. Chronological core documents, pleadings, evidence and key correspondence.
Include the pleadings
Current pleadings, orders and any directions.
Include evidence
Witness statements, expert reports, discovered documents and key exhibits.
Include authorities if known
Key cases and legislation extracts for rapid review.
Include correspondence
Correspondence with the other side, particularly any offers or without prejudice material.
Provide client instructions
Instructions on settlement parameters, costs, and any concessions.
Deliver with lead time
Deliver the brief with realistic lead time — no less than 7 days for a hearing unless urgent.
Follow up and confirm conference
Confirm the conference time, attendees and client availability.
When this checklist applies
Use this checklist every time you brief counsel. A good memo and clean bundle save hours of counsel's time.
Common pitfalls
- Unclear scope of the brief
- Late delivery without warning
- Bundle missing key documents
- No clear instructions on settlement
- No fee agreement in writing
Run this checklist on a real matter
Quillio drafts memoranda, bundle indexes and counsel briefs in current AU format. See /practice-areas/litigation-lawyers.
This checklist is a general guide. Adapt for appellate and silk briefs, which have different conventions.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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