Direct Access Barristers: An Overview
Under the Public Access Scheme in England and Wales, members of the public may instruct a barrister directly without the need for a solicitor. This streamlines legal services, reducing costs and improving efficiency.
Who Can Instruct a Direct Access Barrister?
Any individual, business, or organisation may instruct a barrister directly for legal advice, drafting documents, and representation in courts or tribunals. However, barristers must assess whether a case is suitable for direct access and may decline instructions if solicitor involvement is necessary.
Scope of Work
A direct access barrister can:
- Provide legal advice on matters of law.
- Draft legal documents, including pleadings, contracts, and written opinions.
- Represent clients in court, tribunals, arbitrations, and mediations.
- Assist in negotiations and case strategy.
However, a barrister cannot:
- Conduct litigation (e.g., issue proceedings, manage correspondence with the court, or handle client funds).
- Act as a solicitor in procedural matters unless separately authorised under the Licensed Access scheme.
Advantages of Direct Access
- Cost-effective: Removes the intermediary role of a solicitor, reducing legal fees.
- Speed: Clients communicate directly with counsel, avoiding delays.
- Expertise: Clients gain direct access to specialist legal knowledge.
Fee Structure
Barristers may propose either a fixed fee for specific work or a flexible fee based on their hourly rate. The total cost depends on the number of hours the barrister works on the client’s behalf.
Limitations and Considerations
Not all cases are suited to direct access. Complex litigation, cases requiring substantial document management, or those where ongoing legal correspondence is essential may still necessitate solicitor involvement.
For further guidance, the Bar Standards Board (BSB) provides rules and regulations governing direct access instructions. Prospective clients should ensure their chosen barrister is qualified and registered under the scheme.