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.