Key Information About Direct Access Barristers

No Solicitor Required

Traditionally, clients had to instruct a solicitor who would then brief a barrister. Under the Direct Access scheme, you can approach a qualified barrister directly, saving time and reducing legal costs.

What Direct Access Barristers Can Do

A Direct Access Barrister can:

• Provide specialist legal advice

• Draft legal documents and written submissions

• Represent you in court

• Appear in tribunals, hearings, and arbitrations

What They Typically Do Not Do

Most Direct Access Barristers do not:

• Handle ongoing administrative tasks such as gathering evidence or managing case correspondence

• Manage litigation logistics

• Hold or manage client funds, including paying court fees on your behalf

(Some barristers hold additional authorisation allowing them to conduct litigation—this will depend on the individual barrister.)

Is Direct Access Right for Your Case?

Not every case is suitable for Direct Access. Matters involving complex litigation or extensive case management may still require a solicitor. A barrister will assess whether your case is appropriate before accepting instructions.

Regulation and Training

Direct Access Barristers must complete specialist training and be formally registered with the Bar Standards Board, ensuring they meet strict professional and regulatory standards.

When a Direct Access Barrister Is a Good Option

You may benefit from Direct Access if:

• You have a clear legal issue and want expert advice or advocacy

• You wish to reduce legal costs by avoiding unnecessary solicitor fees

• You are comfortable managing some aspects of your case administration

Direct Access Barristers offer a flexible, efficient, and cost-effective way to access specialist legal expertise, giving you greater control over your case while maintaining the highest professional standards.

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What is Public Access?

The Public Access scheme allows you to instruct a barrister directly. Traditionally, clients needed a solicitor to instruct a barrister.

Advantages of Public Access

• Cost savings: You only pay for a barrister, not both a solicitor and a barrister.

• Direct communication: You deal directly with the legal expert.

• Efficiency: You can often move faster on certain matters.

Note: You may need to handle some administrative tasks yourself, such as filing court documents, unless the barrister is authorised to conduct litigation on your behalf. In complex cases, a barrister may recommend you also instruct a solicitor.

Is My Case Suitable for Public Access?

Public Access is generally available for most barrister work, except for legal aid cases. However, some cases may not be suitable, for example:

• Emotionally sensitive cases

• Highly complex matters

• Cases requiring extensive preparation that a lay client may find difficult

If unsure, contact a barrister for an initial view. They will advise if your case requires a solicitor.

What You May Need to Do

As a Public Access client, you may need to:

• Gather documents and evidence for your case

• File court or tribunal documents

• Correspond with the court and other parties

Your barrister can draft letters and documents for you, but some procedural tasks may remain your responsibility.

Litigation note: Not all barristers are authorised to conduct litigation. If they cannot, you will be treated as a “litigant in person” in court. If they can conduct litigation, they may handle filings and other formal steps on your behalf.

How Barristers Decide Suitability

When deciding whether to accept a case under Public Access, barristers consider:

• The nature and complexity of your case

• Your ability to handle administrative tasks

• Compliance with the Bar Standards Board (BSB) Handbook

If a case is unsuitable for Public Access, the barrister must decline and may recommend a solicitor.

What Barristers Can Do

Barristers may:

• Provide legal advice

• Draft legal documents (e.g., wills, statements of claim)

• Represent you in court or tribunal

• Prepare witness statements and instruct experts

• Negotiate on your behalf

• Advise on procedures and filings

Barristers cannot:

• Handle client money

• Conduct litigation unless authorised

All barristers must complete Public Access training before taking direct instructions. You can check a barrister’s Public Access status via the BSB Register.

Instructing a Public Access Barrister

Finding a Barrister

• Use the Bar Council’s Direct Access Portal: directaccessportal.co.uk

• Check legal directories (e.g., Chambers & Partners, Legal 500)

• Contact barristers’ chambers directly to ask for a recommendation

Fees and Costs

• Barristers’ fees vary based on experience, case complexity, and time required

• Fixed-fee arrangements or estimates can often be agreed in advance

• Payment terms should be clarified before work begins

• Conditional fee arrangements are rare and must be negotiated

Proof of Identity

• You may need to provide proof of identity (passport, driving licence, utility bill)

• Companies must provide incorporation documents and authorisation proof

• Barristers keep copies for seven years

Public Funding and Legal Aid

• Public Access barristers cannot handle legal aid cases unless instructed by a solicitor

• If eligible for legal aid, consult a solicitor to explore your options

• You may also check whether insurance or trade unions cover legal costs

Confidentiality

• Barristers are bound by legal professional privilege, keeping your communications confidential

• Disclosure may only occur when required by law

Complaints

Attempt to resolve issues via the barrister or chambers’ complaints procedure

• If unresolved, contact the Legal Ombudsman:

  • Phone: 0300 555 0333

  • Website: www.legalombudsman.org.uk

  • Post: PO Box 6806, Wolverhampton, WV1 9WJ

The Ombudsman can assess service, fees, or issue an apology and may refer professional misconduct to the BSB if necessary.

Key Takeaways

• Public Access allows you to instruct barristers directly, saving cost and improving efficiency.

• Not all cases are suitable; complex matters may require a solicitor.

• You may need to handle administrative tasks, filings, and court communications.

• Fees and scope of work must be agreed upfront.

• Barristers are trained, regulated, and must comply with the BSB Handbook.