Public Access
Since July 2004 it has been possible for U.K domiciled individuals or U.K businesses to approach a barrister directly for advice, without first instructing a solicitor. Our Public Access client care procedures have been developed to ensure you can instruct counsel as efficiently as possible.
The Public Access scheme provides the opportunity for you of saving time and money by going directly to a barrister rather than involving a solicitor but a barrister has to be sure that you are able to, in effect, act as his solicitor and instruct him accordingly as counsel owe a duty to the court as well as their duty to their client.
You will need to have prepared a full set of papers so that counsel can decide whether to accept your case and we can inform you as early as possible what the cost will be. Our terms of business for public access cases is strictly payment in advance of work being completed.
Barristers offer a specialist advisory and advocacy service. They operate independently from solicitors who, traditionally, would prepare a clients' case so they could send the file off to counsel when the litigation proceeded to a court hearing.
We have already been pleased to assist many clients, from individuals such as private landlords through to estate agents, managing agents and major international companies.
Our core client profiles are:
- Companies and businesses
- Other Professionals
- Public bodies and local authorities
but we are also pleased to assist individuals on a case-by-case basis.
It is important that you are aware what barristers can and cannot do for you. This list is illustrative and not exhaustive:
Barristers can:
- Draft documents for you (eg: pleadings, witness statement, letter, advice)
- Attend Court for you
- Advise you over the telephone
- Advise you on the choice of a suitable expert witness and draft a letter of instruction
Barristers cannot:
- Send the letters they draft for you (that would amount to "conducting litigation" and is prohibited)
- Issue proceedings on your behalf
- Investigate or collate evidence for you
- Instruct an expert witness on your behalf
- Hold client monies on account
Paste the following link into your URL to obtain guidance from the Bar Council:
http://www.barcouncil.org.uk/guidance/publicaccessinformationforlayclients/
FAQ's:
Are all types of cases accepted under the Public Access Scheme?
No. Family, Immigration and some Criminal work is excluded from the scheme.
Do all barristers accept Public Access work?
No. They have to be a minimum of three years call (qualified); have attended a Bar Council training course and stipulated to the Bar Council (our regulatory body) that they are willing to accept Public Access cases.
Does a barrister have to accept my case?
No. Public Access work is not currently part of the cab-rank rule (the rule that stipulates a barrister must accept a case if it is offered to him/her and is within his/her scope of expertise) but he/she must provide you with reasons for declining the case.
Potential clients should note that the decision on whether a case is accepted can only be taken by a barrister, not by the clerk.
What will it cost me?
We charge for time spent, nothing more. Our hourly fees for public access cases range from £150 plus vat to £250 plus vat per hour depending on the seniority of counsel instructed.
Do I qualify for Public Funding?
If you want to apply for public funding you must do this through a solicitor. We are not able to advise you on your eligibility for Public Funding.
updated May 08