direct access
What is it?
Until recently, a member of the public could not hire a barrister direct but needed to instruct a solicitor, who would then retain the services of a barrister. Most of the work that chambers undertakes is still carried out by barristers who are instructed by solicitors.
However, under recent changes, a member of the public can in some cases obtain legal advice and/or legal representation without needing to have a solicitor too. You can come direct to the barrister. This way of obtaining our services is known as direct access. It is sometimes called public access.
What services can we offer under direct access?
A barrister who agrees to act for you under direct access can:
Represent and advise you at a court hearing;
Give help and legal advice in the run up to a court hearing;
Provide a written advice on your legal dispute, whether before or after legal proceedings are underway;
Provide legal advice to you in a face to face meeting (a conference) about your dispute (whether or not legal proceedings are underway);
Advise on and/or draft letters for you to send to the other party in the case.
In general, a barrister retained under direct access cannot:
Undertake the investigation or gathering of evidence;
Interview or take statements from potential witnesses;
Issue proceedings at court;
Hold or handle client money;
Instruct “experts” in court proceedings (although we can advise on how you can do this);
Write/ correspond directly with other involved persons/parties or their solicitors (although we can advise on or draft letters for you to send).
What are the advantages of direct access?
Reduction or elimination of the costs of engaging a solicitor
Direct communication between client and barrister.
Access to choice of specialist advice and representation.
What are the rules that govern direct access?
Direct access is governed by The Public Access Rules, which is an annex to the Bar Code of Conduct. Details of the rules and the scheme are available on the website of the Bar Standards Board:
All barristers who undertake direct access work must have completed an accredited course and be registered with the Bar Council. Barristers must be at least three years “call” before they can accept direct access work.
If you would like further information about what is involved, the Bar Council has produced guidance for members of the public who wish to instruct a barrister direct here http://www.barcouncil.org.uk/assets/documents/Public%20Access%20Guidance%20for%20Lay%20Clients%20-%20March%202010.doc
How do I go about instructing a barrister under the direct access scheme?
You can contact our Senior Clerk Paul Sampson on 0207 092 3700 for initial enquiries.
Or you can email our clerks at clerks@coramchambers.co.uk Please include Direct Access Enquiry in the subject field of your email. You can either fill in the form here or include all the details on the form in your email. If you have a particular barrister who you would wish to instruct, please indicate this in your email.
Please note that if you do not provide all the details (especially details of the other parties to the disputes – we need these to make sure a barrister you might wish to use is not representing one of the other parties already) it will take longer to handle your enquiry.
Coram Chambers will:
Acknowledge receipt of the enquiry
Provide a prompt response indicating if a member of chambers is able to provide advice or representation to you under the direct access scheme.
A barrister may be able to send you a letter containing terms and conditions and setting out his or her charges for the work to be done. Until you have signed this letter neither party is under any obligation to do any work or pay for it.
It may be that you might want to meet the barrister concerned before deciding that you wish to retain his or her services, or a barrister may need more information before being able to decide exactly what advice or assistance you need. Some barristers may be prepared to meet you free of charge. Others will require payment for their time.
Once you have agreed the letter of engagement, signed it and returned a copy to chambers, and made payment in advance for the work to be done, the barrister will be able to begin carrying out the agreed work.
Our direct access team
The following members of chambers are currently prepared to undertake direct access work. Click on the link to each barrister to see his or her individual specialist areas of work.
