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Frequently Asked Questions

What can a barrister do for me?
What is Direct Access?
Who Barristers can accept Instructions from
Keeping Records
Benefit of going DIRECT to a Barrister?
Fixed Fee
Expertise
How can you choose the right Barrister?
You might instruct a barrister directly to do the following:
How do I find out if I qualify for Legal Aid?
How do I put my papers in order for my Direct Access Barrister?
Costs of instructing a Direct Access Barrister?
Instructing a Public Access Barrister
What can a barrister do for me?

Barristers can:

  • Represent you at court
  • Provide advice and guidance
  • Draft legal documents
  • Represent you at a mediation or arbitration
  • Some barristers can conduct litigation for you, but I do not- the Bar Standards Board will have a list of barristers accredited to conduct litigation for you

  • I cannot do the following for you:
    • I cannot issue proceedings or applications
    • Acknowledge service or proceedings
    • Give my address as the address for service
    • Filing documents at court or serving documents on the other party
    • Issuing notices of appeal
    • I can draft a case summary, chronology, list of issues, and position statement as long as it is ancillary to my role as an advocate
    • Exchanging skeleton argument
    • I cannot handle client money except as payment of fees
    • I cannot make disbursement on behalf of client, court fees or witness fees
What is Direct Access?

Direct access enables you to work directly with a barrister rather than going to a solicitor first. See the barrister as a tool that parachutes into your case at a time that you need it.

Who Barristers can accept Instructions from
  • Solicitors, other authorised litigators, employed barristers and legal advice centres and clinics in England (known as Professional Clients).
  • European lawyers registered with the Law Society and qualified from other jurisdictions
  • Licensed professionals in the UK, under the Licensed Access scheme.
  • Individuals from other jurisdictions, companies and members of the public (‘lay clients’) under the Public Access scheme (sometimes also referred to as direct access, see here(link)

My chambers practice management team Clerksroom Direct (‘clerks’) receive and manage my instructions. They are happy to answer questions about potential instructions. Professional, licensed access or lay clients may contact me or Clerksroom Direct to obtain a quotation for legal services and discuss suitability and availability. The clerks aim to provide such a quotation promptly, and certainly within the 14 day period indicated by the BSB.

Keeping Records

A barrister who accepts direct access instructions must keep case records which sets out:

  • The date of receipt of the instructions, the name of the lay client, the name of the case and any time limits
  • Date instruction accepted
  • Date of subsequent instruction, advice, written work, conference and telecom conversation and all notes
  • The fee agreed
  • Hearing attended and advice given

The records will be retained for 7 years from the date of instruction

Expertise

Barristers specialise in a few areas of law that makes them experts in that area of practice from a theoretical and practical perspective having represented clients at court, they can give you some insight on considerations that may affect the outcome of your case. For instance in a family matter, the barrister will work directly with you and be able to give you advice, represent you at court and negotiate on your behalf, and assist you with drafting documents and correspondence. You remain technically a litigant in person and are responsible for the day to day progress of your case. Barristers know the courts and the courts know the barrister, they will present your case better than anyone else.

Benefit of going DIRECT to a Barrister?
Better Value

With low overheads this benefit can be passed onto the client, they often charge less than solicitors. The fee will be agreed with you in advance of taking your case or advising you on your problem.

Fixed Fee
Fixed Fee

Most of my work is done on a fixed fee and you can set the budget and you will not be charged for each phone call, hourly rate or day rate with refresher.

Please note that the provision of any quote is not acceptance of instructions, an acceptance of instruction is upon signing the Direct Access Client Care Letter. Continuity of the barrister for the future is dependent upon the barrister availability, conflicts and other matters outside of counsel control.

Expertise
Expertise

Barristers specialize in a few areas of law that makes them experts in that area of practice from a theoretical and practical perspective having represented clients at court, they can give you some insight on considerations that may affect the outcome of your case. For instance in a family matter, the barrister will work directly with you and be able to give you advice, represent you at court and negotiate on your behalf, and assist you with drafting documents and correspondence. You remain technically a litigant in person and are responsible for the day to day progress of your case. Barristers know the courts and the courts know the barrister, they will present your case better than anyone else.

How can you choose the right Barrister?
How can you choose the right Barrister?

Compare CV and expertise and decide who will best look after YOUR interests

You might instruct a barrister directly to do the following:

Give you written advice after reviewing your documents

Give you advice in conference, face- to face, on the phone or by skype

Represent you at court at a hearing or at a settlement conference or a mediation

Working directly with a barrister is appropriate when you can handle the administrative side of things yourself, it enables you to direct your finance resource at the court hearing, that you might otherwise conduct yourself, giving you a better chance of getting the outcome you desire.

Do I need a solicitor or a Direct Access Barrister?

Not all matters are appropriate for going straight to a barrister. If your case is complicated and involves collecting evidence from various witnesses, or taking opinions from a number of experts, it may be more sensible for you to instruct a solicitor to do this on your behalf. If you need someone to undertake all the administrative work for you then a solicitor may be more appropriate for you. Please see the note on legal aid to see if you may be eligible for legal aid for your matter.

How do I find out if I qualify for Legal Aid?

See the link below to assess if you qualify for legal aid, you will be directed to the government website and will be asked some questions related to your legal problem and financial situation;

See this link to find out:

Legal aid calculator civil matters https://civil-eligibility-calculator.justice.gov.uk/

Legal aid calculator criminal matters https://www.gov.uk/guidance/criminal-legal-aid-means-testing

How do I put my papers in order for my Direct Access Barrister?

The date order earliest to the latest in A4 paper scanned:

 

  • Applications to the court and orders made by the court
  • Statements and other papers filed at court
  • Correspondence with the other side, and
  • Anything else relevant

Have a brief summary of your case, issues and questions you would like the barrister to advise on at the start of bundle, name the parties, the children involved and ages, the court case reference and court that the case is heard.

Costs of instructing a Direct Access Barrister?

We cannot assist you in taking on legal aid cases and or to check your eligibility for legal aid.

All work under public access is done on a private basis.

The cost involved will depend on the complexity of your case, amount of work involved, type of hearing, amount of papers you have, as this affects the reading time and level of preparation that needs to be done before the hearing.

We strive to be open about costs, it impossible to give guidelines on costs for all types of hearings/ matters. You will be provided a quote which will either be on a fixed fee, hourly rate, day rate (brief fee/refresher basis) subject to what is most cost effective. Vat for Direct Public Access client will not be charged.

Instructing a Public Access Barrister
If you wish to instruct, the process is as follows:

  • Please complete the enquiry form below, including as much detail as possible.
  • A member of the clerking team will contact you. If the information provided is sufficient for a barrister to agree to take on your case, an initial indication of the fee will be provided. If not, the clerk will contact you to obtain the relevant paperwork from you before providing an initial estimate of the fees subject to counsel availability and expertise.
  • If your case is suitable for the instruction of counsel directly, a client care letter will be issued to you. This is a contract between yourself and the instructed barrister, which outlines the barrister’s role and limitations under the scheme, the scope of the instructions, the fees payable and any other conditions subject to which the work will be carried out.
  • You will be asked to provide proof of identity and proof of address to comply with money laundering regulations. Copies will be taken and held on file.
  • You must return a signed copy of the client care letter
  • Once all of the documentation is in place, your papers and instructions have been received and the relevant fee paid (where payment in advance is required), the instructions have been accepted and the barrister can proceed with your case.

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The legal services are provided by direct public access and is regulated by the bar Standards Board. Full insured. See Direct Public Access for more details

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