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Why Instruct Counsel? This involves advising either as to how particular transactions can be structured and implemented in the safest and most tax efficient manner, or as to more general, longer term tax planning for individuals, companies and trusts. We advise on both United Kingdom, European and International tax planning. We also often advise as to remedial action in cases where problems have arisen and, where necessary, we advise on the conduct of negotiations and litigation with the Her Majesty’s Revenue and Customs (‘HMRC’).. We are often consulted on a second opinion basis by professional advisers who do not have any real doubt as to the answer to a problem. Sometimes this is done in a particularly difficult or important matter on a "safety first" basis. On other occasions, the professional adviser has himself devised a strategy which he considers to be satisfactory, but he finds it useful for a barrister to approach it afresh with a view to detecting any flaws or possibly suggesting improvements or an alternative approach. As we do not have a continuing relationship with the lay client, we are able to take a detached view; we do not need to feel embarrassed in giving frank, if unpalatable advice, and the client is usually more prepared to accept such advice from a barrister than he is from his own solicitor or accountant. Where differences of opinion arise between professional advisers of the lay client, it is often useful to call in a barrister to "arbitrate". We frequently draft or settle documents such as contracts, trust deeds and company instruments. In this way we are able to assist throughout a transaction, from initial tax planning to final implementation. We consider it to be an important dimension of our practice. It is all too easy for defective drafting of documents to lead to difficulties, often because the draftsman has paid insufficient attention to the aspects of the general law which impinge on the transaction, or because the drafting is done by somebody who has not been involved in the tax planning and so has not fully understood what the documents are intended to achieve. In addition, in any case where litigation may result, the services of a barrister as an advocate are virtually indispensable, whether it be a friendly application to vary the trusts of a settlement or a contested tax appeal. Even where others have rights of audience, as before the Special or General Commissioners (and in certain cases the higher Courts), it is much wiser for a barrister to be instructed to appear, as it is often impossible to correct on appeal mistakes made at first instance. The assembly and presentation of the evidence at the initial stage is crucial, because the findings of the first instance tribunal on matters of fact can very rarely be successfully challenged. Indeed, establishing the essential facts may well require as much skill as arguing a point of law, even in the higher courts. Even solicitors who are tax specialists often prefer to bring in a barrister for advocacy work. By reason of their general experience of litigation, barristers are also in the best position to advise realistically on the chances of success before a contentious matter goes to trial. It is not necessary to prepare instructions in any particular form, although a summary of the facts and the questions to be considered, with the necessary supporting documentation, is always helpful. In appropriate cases we can take instructions over the telephone and respond initially in the same way. Advice is given by written opinion, in conference and over the telephone. Tax planning strategies are usually best developed through discussion in conference, so that it can be ensured that the client understands both the advantages and disadvantages of the various possible course of action, and the level of any risks involved can be explained. We also consider that the client is likely to have more confidence in the advice given to him if he has met the person giving it, and has had the opportunity to air any concerns he may have. Generally, we are willing to attend meetings or to hold conferences at the client's premises. We accept instructions from: (1) Solicitors We do not take instructions directly from the public. It is sensible for a layman to involve his advisers at this stage, since if our advice involves taking any particular steps, it will be the accountant or solicitor who puts them into action, and who in due course completes tax returns, etc. For this purpose we will give recommendations if desired |
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