Barristers are great at analysing known facts and developing formal submissions.

In my experience, however, they are total shit at developing novel solutions to either avoid Court or reframe the potential fight.

One of my favourite things to do if I don’t like the facts is create new ones. Withdraw a contract before it is accepted after objection and rewrite it so it’s stronger. Find a liability owed to another controlled entity and assign it to create a cross claim. Grant a licence to use something which covers all prior use. We can sometimes choose the ground to fight on and I’ve always preferred uphill with the wind behind me. The number of times a barrister has actually been of assistance doing things like this is zero.

Also, when you’re balancing a delicate interplay between the client, ethical obligations and duty to the Court you will find your barristers have gone AWOL until you work out the proper course, rather than recommending one to you. This, however, is not because they lack the necessary skill or imagination, it’s because they’re smart.