Temple Court Chambers | Direct Access
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Direct Access

DIRECT PUBLIC ACCESS

BARRISTERS AT TEMPLE COURT CHAMBERS

Direct Public Access is to directly instruct a Barrister, without having to involve solicitors. All of the members below are able to advise under the Direct Access rules of the General Council of the Bar.

In respect of fees for direct access work whether under fixed fee basis or hourly rate basis, for employment and immigration matters, please click on the following link – Fees

For further information, please contact clerks@templecourt.co.uk

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You can have access to Bar Standards Board guidance on public access to lay clients by visiting this link. 

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DIRECT ACCESS

“IS MY CASE SUITABLE FOR DIRECT ACCESS?”

In considering whether your case is suitable for direct access, the barrister is likely to take into account

a) The nature of the work which you wish him to undertake

b) Your ability to deal with any aspects of the case which would normally be carried out by a solicitor that cannot be covered by a direct access barrister.

Much depends on the circumstances of your case. Here are some possibilities:

a) He might decide that your case is suitable for direct access and that there is no need for the involvement of a solicitor. If circumstances change, she may have to advise you that a solicitor will need to be instructed.

b) Although your case may become unsuitable for direct access in the future, it is suitable for direct access for the time being. In such a case, the barrister will inform you

i) of the work which is suitable for  direct access

ii) the likely point at which your case will become unsuitable for direct access and

iii) that he or she will have to withdraw at that stage if you do not instruct a solicitor.

c) Your case is such that (whether because of its complexity, or because of the stage which it has reached) it is not suitable for direct access and that a solicitor is required. In this situation, you should be told by the barrister why your case is not suitable and that he would be prepared to act for you if instructed by a solicitor. In such circumstances you can ask the barrister to recommend a suitable solicitor to you.

If the barrister decides to accept your instructions, you will be sent a client care letter.

“WHAT WORK IS A BARRISTER PERMITTED TO DO UNDER DIRECT ACCESS?”

Some examples of work which a barrister is allowed to do:

a) A barrister may appear on your behalf at Court.

b) A barrister may give you legal advice.

c) A barrister may draft documents for you, such as a will.

d) A barrister may advise you on the formal steps which need to be taken in proceedings before a court or other organisation and draft formal documents for use in those proceedings.

e) A barrister may draft letters for you.

f) If a witness statement from you is required in proceedings, a barrister may prepare that statement from what you tell him or her. A barrister may also help to prepare witness statements from another person based on the information which that person has provided (however the barrister may not be able to act for you in the final hearing after drafting statements).

g) Where a case requires an expert witness (for example, a surveyor), a barrister may advise you on the choice of a suitable expert and may draft a letter of instruction which you can then send to the expert as a letter from you on your own notepaper.

“WHAT WORK IS A BARRISTER PROHIBITED FROM DOING?”

The following are examples of work that a barrister is not allowed to do:(except in the cases of authorised to conduct litigation).

a) A barrister cannot issue proceedings on your behalf or to issue other applications or to take other formal steps in court or other proceedings. You would have to send the documents to the court, although the barrister could help prepare them for you.

b) A barrister is not allowed to instruct an expert witness on your behalf.

c) A barrister is not allowed to take responsibility for the handling of clients’ affairs.

d) A barrister is not allowed to handle clients’ money ( including barristers authorised to conduct litigation).

“WHAT ARE THE ADVANTAGES OF INSTRUCTING A BARRISTER OVER THAT OF A SOLICITOR?”

The short answer is it is likely to save you money. Previously clients were not allowed to engage the services of a barrister without first instructing a solicitor. If your case needed a barrister you would have to engage a solicitor thereby paying for two lawyers rather than just one. The Direct Access scheme now permits you to go direct to a barrister.

Further savings can be made by directly instructing a barrister since the overheads incurred by chambers is much less than that of a solicitor. There is likely to be a further saving, too, because barristers’ hourly rates are generally less than a solicitor of comparable experience.

Under the Direct Access scheme you can instruct a barrister to act in relation to a specified step in the process. If you need initial advice or an advice in conference, you only pay for the work that the barrister undertakes.

You can agree the fee prior to any work being undertaken with the barrister or his clerking team.

“WHO CAN INSTRUCT A BARRISTER UNDER THE DIRECT ACCESS SCHEME?”

Anyone can instruct a barrister under the Direct Access scheme. Note however that the ‘cab rank’ rule does not apply to Direct Access work and a barrister is not therefore obliged to accept the instruction.

“WHAT SHOULD I PUT IN MY INSTRUCTIONS TO COUNSEL?”

There are two key components of instructions to Counsel: a Letter of Instruction and a Bundle of Documents.

Letter of Instruction

The letter of instruction has two purposes. It sets out the background and it tells your barrister what it is you want her to do. You may include whatever you want to in your letter of instruction, however the following are generally required in every case:

  • Who you are and who you act for.
  • Who your dispute or potential dispute is with and the nature of it (eg ‘claim for unfair dismissal brought by former employee’ or ‘dispute over rights of access to delivery yard’).
  • A brief background. The best way to explain a problem is usually to set out the relevant events in chronological order. There is no need to go in to detail if the facts can be ascertained from the accompanying documents. It is important however to include anything that will not be apparent from the documentation. This might include conversations you have had with other people or things you have witnessed.
  • Any relevant deadlines (eg a hearing date, a time limit for serving evidence or accepting an offer).
  • What you want the barrister to do (eg ‘to represent the respondent at the trial listed for . . .’ or ‘to advise on the following points . . .’).

Correspondence with a barrister is traditionally addressed to his or her clerk. You can send your letter of instruction to ‘Clerk to the barrister XX’ followed by the chambers address.

Bundle of documents

The barrister will need to see relevant documents, be it correspondence, emails, statements, photographs, plans, videos, etc. The best guide as to what to include is common sense. The following points however are important and apply in every case.

  • The documents must be accompanied by a typed List of Documents on which the name or description of each document is set out. The List of Documents may form part of your Letter of Instruction or it may be a separate schedule. For your protection your barrister is obliged to keep a copy of this list for seven years.
  • All the documents you send must be copies. Barristers do not have the same facilities for storing files and the Bar Council’s rules on Direct Access do not oblige a barrister to retain documents. Thus for your protection you should keep all originals and only send copies to your barrister. In an exceptional case where it is not possible to provide a copy please contact our clerks who will assist with making arrangements for safe delivery and return.

You do not incur any liability for fees simply by sending a letter of instruction. The barrister will review the papers to ensure the case is suitable for a Direct Access instruction. The clerks will contact you to agree a fee for the work you want the barrister to do. You will only incur liability for any fees when you have approved, signed and returned the standard client care letter.

In a limited number of cases the money laundering legislation requires a barrister to perform checks to verify the identity of his client. If this applies the clerks will contact you and inform you of the appropriate requirements.