Dear , 

Re: 

Thank you for your enquiry on 24.01.2025. The Bar Standard Board’s (BSB) guidance for lay, which explains how the public access scheme works can be found at the following address: 

https://www.barstandardsboard.org.uk/media/1666529/2._the_public_access_scheme_guidance_for_lay_clients.pdf 

I would be pleased to accept instructions from you on the terms set out in this letter.  It is important that you understand my full terms as they will form a contract between us.  It is also important that you understand that I cannot do legal aid work unless I have been instructed by a solicitor.  If you wish to discuss legal aid further before making a decision about whether to instruct me, please let me know, but I would strongly recommend that you read the Bar Standards Board's Guidance for Lay Clients at the link above. 

I thought it would be helpful to set out the work that I will carry out for you and the fees that I will charge for this work BELOW; 

"

If you are instructing me to represent you at a remote court hearing, you will need to provide the court with my contact details (email and telephone contact number).  If you are unsure as to which details to use, please contact me to confirm.

If subsequent work is needed on this matter, there will be another letter of agreement between us.  Because I carry out all my work personally and cannot predict what other professional responsibilities I may have in the future, I cannot at this stage confirm that I will be able to accept instructions for all subsequent work that may be required by your case. 

Total fee for this work: 

The total fee for the above instructions is as follows 

Barrister £ 

Vat £

Total £

This is a fixed, non-refundable fee for the work outlined above.  If your instructions involve a hearing, please be aware that if the hearing takes less time than anticipated, or is vacated or adjourned after I have been instructed, no refund will be provided.  This is because I have already committed time for preparation and the hearing in my schedule. 

If your hearing is vacated or adjourned at short notice by the court for any reason, you may have the option to file a complaint with HMCTS and request compensation for any wasted legal fees.  You can find the details of the HMCTS complaints procedure here:- 

https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/complaints-procedure

In the event that your instructions relate to a hearing which extends beyond the dates specified in your instructions, and my attendance is required on any additional days, a further fee will become payable. 

As the instructing client, it is your responsibility to ensure that any hearing dates provided at the time of instruction are correct.  Failure to do so may result in my not being able to attend court. 

It is likely that I will have been provided with some initial paperwork in order to provide a quote for your instructions. As the instructing client, it is your responsibility to ensure that you have provided me copies of all the paperwork you need me to review in order to fulfil your instructions. 

This fee has been determined and agreed based upon the documentation provided when formal instruction was given.  If you submit any additional documents related to the work after this point, I reserve the right to reassess the fee and, if needed, request an extra payment to cover the time spent reviewing the new materials.  Should you decide not to fulfil any such request for additional payment, I may decline any further instructions.

If you are dissatisfied:

If, for any reason, you are unhappy with the service you receive I have my own personal complaints procedure or my Chambers procedure in place to address such issues, a copy of which is available upon request or via download from the web-site address provided or will be attached with my Client care letter  Further details about what to do if you have a complaint are set out in the My Terms document attached with this Letter.  In undertaking this work I am required to comply with the requirements as set out in the Bar Standards Board Handbook which can be found at the following address: 

https://www.barstandardsboard.org.uk/media/1667376/2nd_edition_of_the_bsb_handbook_-_new_provisions.docx 

Please read this Letter and my full Terms carefully.  If you are happy for me to take on this work and agree with my Terms, I would ask that you settle the agreed fee to confirm your instructions and I will then send you a confirmation email. The terms of the Client Care Letter attached to that email will show as being agreed by you.  If you do not understand any of my terms, you should ask me to clarify or explain them. 

Right to cancel: 

You have the right to cancel this contract within 14 days without giving any reason. 

The cancellation period will expire after 14 days from the day on which the contract is entered into. 

To exercise the right to cancel, you must inform me of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail to the contact details provided on my letterhead). You may use the attached model cancellation form, but it is not obligatory. 

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.  There will be an administration fee of £250.00 + vat if this happens. 

Please note: This cancellation clause only applies if you are a consumer as per the definition of the Consumer Rights Act 2015. 

Effects of cancellation: 

If you cancel this contract within 14 days of payment being made, the barrister's fee paid detailed above will be reimbursed.  The fees are non-refundable. 

I will make the reimbursement without undue delay, and not later than 14 days after the day on which I was informed about your decision to cancel this contract. 

I will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of reimbursement. 

If you requested me to begin the performance of services during the cancellation period, the level of any reimbursement due to you (if any) will be entirely at my discretion.  For the avoidance of doubt, reviewing any documents provided in relation to the matter and/or contacting you to discuss the case constitutes undertaking work. 

Yours sincerely,

BARRISTER AT LAW

My Terms: 

1. I am a self-employed barrister, I am the only person you are instructing, and I will personally do all the work needed under this arrangement.  In the event that I wish to use any other lawyer to assist me in carrying out your work I will obtain your prior written consent. 

2. I have carefully considered the instructions and confirm that I have sufficient experience and competence to undertake the work. 

3. If for any reason I cannot carry out all the work you are instructing me to do, or if I want to suggest that another barrister (instead of me, or as well as me) carries out the work for you, my clerk or I may propose this and explain why I have made this suggestion.  However, another barrister will not carry out work for you unless and until you have agreed to this. 

4. There may be times when my professional commitments clash. If I identify a possible clash of commitments and I am unable to work on your case I will do my best to warn you as soon as possible, ask you how you would prefer to continue, and suggest the name of another barrister (of a suitable level of seniority and expertise) who is willing to accept your case on the same terms, if possible. You would then need to decide whether you want to instruct that barrister. 

5. The work you are instructing me to carry out is set out in my cover letter. 

6. If subsequent work is needed on this matter, and I am available to do the extra work, there will need to be another letter of agreement between us. 

The range of work I can carry out: 

7. Barristers advise on the law, draft documents for clients to use, and appear on behalf of their client before courts or other organisations.  Barristers do not handle client money or undertake the organisation or management of a case proceeding through a court.

8. Here are some examples of work I can carry out. 

1. I can draft letters on your behalf. 

2. I can appear on your behalf to argue your case at court. 

3. If a witness statement is needed from you, I can draft it from what you tell me. I may also be able to help finalise a witness statement from another person based on the information that person has provided. 

4. I can advise you on the need for expert evidence and on the choice of a suitable expert. However, I may not instruct an expert on your behalf. Expert evidence is evidence about a professional, scientific or technical matter provided by an individual with expertise in that area. 

5. I can draft formal court documents for you. However, I cannot serve court documents on other parties or file them at court on your behalf. You will need to take responsibility for serving formal court documents on other parties and filing them at court. Serving court documents is the process by which papers relating to a case are put before the court or tribunal and the parties, e.g. individuals or organisations, involved in the case. This usually signals the start of formal proceedings. 

6. I cannot go on the court record or provide my address to the court as the ‘address for service’ of documents (that is, the address which you are required to provide to the court for receipt by you of formal court documents sent by the court or other parties). You will be listed on the court record as a litigant in person. You will need to provide your own address as the ‘address for service’ of documents sent to you by the court and other parties. 

9. As you are instructing me without a solicitor, you must be sure that: 

1. You are able to do whatever is necessary for those matters that I cannot deal with; or 

2. You have made an arrangement with another person of suitable competence and experience to provide these services for you. 

Circumstances when I may not be able to act for you: 

10. As a barrister, I must follow the Bar Code of Conduct.  This requires me to consider whether a solicitor needs to be instructed in your own interests.  If there comes a point at which I consider you need a solicitor, I will no longer be able to act for you without the involvement of one.  If I foresee that situation arising, I will give you as much notice as possible. 

Legal Aid: 

11. It is possible that you may be eligible for public funding or “legal aid” as it is usually referred to.  As a barrister, however, I cannot do legal aid work unless I have been instructed by a solicitor. If you want to talk to someone in more detail about getting legal aid, you should contact a solicitor who undertakes legal aid work.  They will be able to advise you about legal aid arrangements relating to civil cases e.g. where you are in dispute with another individual or organisation and criminal cases e.g. where a crime may have been committed. 

12. You can find out more information on the www.gov.uk website: 

https://www.gov.uk/community-legal-advice 

13. If you wish to be assessed for legal aid for a civil case, you can contact Community Legal Advice.  This is a service which provides advice about family, debt, benefits, housing, education or employment problems.  You can call them on:  0845 345 4345.  You can also use their online legal aid calculator.  If it is a civil case this tool will allow you to check as to whether you can get legal aid for it.  It will also allow you to get online advice and can help you find a legal adviser near you: 

http://legalaidcalculator.justice.gov.uk/calculators/eligiCalc?execution=e2s1 

14. If you do not qualify for legal aid, you might like to consider whether you have any insurance policies that might cover your legal fees, or if the fees may be paid by someone else, for example a trade union.

15. I can advise and represent you if: 

1. You make an informed decision not to seek public funding; 

2. You make a public funding application, e.g. you have applied to get legal aid to help fund your case, that is rejected; 

3. You do not wish to take up an offer of public funding (perhaps because you consider that the level of contribution you will be required to make is too much). 

16. In signing these terms, you confirm that you have been informed that you may be eligible for public funding and where you can find further information.  You are choosing to instruct me without the benefit of any public funding that may be available to you. 

My availability: 

17. As I carry out all my professional work personally, there may be times when I am not available to you.  For example, if I am in court for a day or for several days in a row I may be totally unavailable to all other clients during that time.  If you are not able to contact me directly you can leave a message with my Clerk and I will respond as soon as possible. Unless expressly agreed between us at the point of instruction, I will not read any emails or instructions or hold any conferences outside normal working hours 

Fees: 

18. My fees for this work are set out in my cover letter.  My fees are non-refundable. 

19. Under these terms, you are responsible for paying the fees set out in my cover letter in advance of any work being undertaken by me. 

20. If you owe me any fees or disbursements and do not pay them for more than 30 days after I give you a fee note, interest will be payable at 2% above the Barclays Bank base rate from 28 days of the date of the fee note. 

Waiver of right to cancel: 

21. Due to the nature of the work required you are being asked by this agreement to waive the right to cancel this agreement within 14 days.  This is because either I will be carrying out the work prior to the expiry of 14 days or because I have booked your case in my diary thereby making myself unavailable for other work. 

Documents:

22. You and I agree that:-

1. I am entitled to keep copies of any documents you give me for my own professional records; and; 

2. I will return all your original documents to you when I have carried out the work you have instructed me to do. 

23. I would prefer that you give me copies of documents rather than originals.  However, if this is not possible, I may make a reasonable charge to you for producing photocopies.  I may also make a reasonable charge to you for the cost of returning documents to you or the cost of any other disbursement requested by you. 

Confidentiality: 

24. The information which you give me will be received in professional confidence.  This means that I must maintain the confidentiality of any information you have shared with me and can only tell others about it if you give your consent for me to do so.  The only exceptions are that statutory and other legal requirements may mean that I have to disclose (i.e. reveal) your information to governmental or other regulatory authorities, e.g. organisations, whose rules I must meet, without your consent and without telling you that I have made the disclosure. Statutory and legal requirements are rules or regulations that an individual must, by law, follow.  In the event of a complaint being raised by you it may be necessary to disclose case information to the person designated to investigate and report on the complaint.

Disputes: 

25. This contract will be governed by English law, and any dispute will be subject to the jurisdiction of the English courts. Jurisdiction means the power and authority of a court or tribunal to determine the outcome of a case and impose sanctions or penalties on those involved. 

Complaints:

26. I of course hope that you will be happy with the professional services I provide.  You may, however, be assured that any complaint raised will be dealt with in a prompt, objective and courteous manner in order to achieve a fair and acceptable outcome and you should not feel at all embarrassed or awkward in bringing any concerns to my attention as it helps to identify any areas where I might be getting things wrong and how I can work to improve the standards of service that I provide.

27. In the event that such a situation should arise I would ask that you contact me to discuss your concerns. If it does not prove possible to resolve the matter informally between us, and it is preferred to engage directly with the formal Complaints Policy procedures, you are invited to set out the details of your concerns in writing (recommended) via either email or letter, as preferred, together with any evidence in support of the complaint being made.  This will ensure that there is a tangible record of events for future reference if required.  The complaint will then be passed to an appointed, independent complaints assessor for their consideration and determination.  Once received, the complaint will be acknowledged within 48 hours, if possible, and steps taken to ensure that the appropriate protocols are implemented without delay and a sensible timeframe provided as to when it is anticipated a formal response might be provided. 

28. If, following a full investigation of the facts and a final response from the Assessor, you remain dissatisfied, it is open for you to refer the matter to the appropriate regulating body, which in the case of concerns arising from failings in legal service standards is the Legal Ombudsman.  This is a free, impartial and independent service set up by the government to deal with complaints regarding the service standard levels received by clients of the legal profession.   There are, however, certain time limitations applying to complaints that the Ombudsman will be prepared to consider; these are as follows:-

1. The act or omission, or when the complainant should reasonably have known there was cause for complaint, must have been after 5 October 2010, and;

2. The complainant must refer their complaint to the Legal Ombudsman no later than 1 year from when the cause of complaint arose, or;

3. 1 year from when the complainant should reasonably have known that there was cause for complaint. 

4. The Legal Ombudsman allows for 8 weeks in which a final response to any complaint raised should be presented, and if the complainant then elects to refer the matter to the Legal Ombudsman they must do so within 6 months of having received the final response from their lawyer (myself or the complaint assessor in this instance).  The response received should comply with the requirements in rule 4.4 of the Scheme Rules (which requires the response to include prominently an explanation that the Legal Ombudsman was available if the complainant remained dissatisfied, and the provision of full contact details for the Ombudsman and a warning that the complaint must be referred to them within 6 months).

29. If a complaint is raised outside of these time constraints it is likely that the Ombudsman will decline to deal with it, though in extenuating circumstances there may be exceptions to this rule.  It follows that if a complaint is raised with me outside of the time limits applied by the Ombudsman, then it is unlikely that I will address the issues either.

The contact details for the Legal Ombudsman are as follows and their website provides guidance and a helpful Frequently Asked Questions section:-

Address:The Legal Ombudsman, PO Box 6167, Slough, SL1 0EH

Telephone:0300 555 0333 (Monday – Friday:  10:00am – 4:00pm) 

Email: enquiries@legalombudsman.org.uk 

More information about the Legal Ombudsman is available on their website: 

 http://www.legalombudsman.org.uk 

30. If the complaint is unable to be resolved through the first tier protocols then approved, alternative complaints bodies offering mediation services are available.  One such body is:-

ADR Group, 160 Fleet Street, London EC4A 2DG

Tel:   020 3600 5050

Web: http://www.ardgroup.co.uk

e:      casemanagement@ardgroup.co.uk

The ARD Group are approved providers deemed competent to deal with complaints about legal services should the complainant and the barrister both wish to utilise such a scheme.  If mediation is of interest, then you should contact me to discuss this option.  Please also note that: 

1. ADR Group promote that cases are dealt within an average of 80 days. 

2. there is no obligation on either party to have to agree to mediation; it must be a joint decision. 

3. If mediation is used, neither the complainant nor the barrister is required to accept the proposed resolution and if it does not resolve the complaint the matter may still be referred to the Legal Ombudsman provided the complainant, and the points of complaint, fall within their jurisdiction and is lodged within the stipulated time limits as outlined above.

31. The Legal Ombudsman is established to address issues concerning failings in service standards provided by lawyers to their clients and it follows, therefore, that it is unlikely that concerns raised by non-clients of the lawyer concerned would fall within the remit of the Ombudsman’s jurisdiction. 

32.  Issues relating to matters of professional conduct fall under the remit of the Bar Standards Board who are the regulating body for such matters and for whom the contact details are:-

Bar Standards Board Contact and Assessment Team 

289-293 High Holborn London WC1V 7JZ 

Telephone: 0207 6111 444 e: contactus@barstandardsboard.org.uk

Website: www.barstandardsboard.org.uk

 - BARRISTER AT LAW

 CLIENT BELOW 

CLIENTS NAME 

CONFIRMED BY EMAIL/OR BY MAKING PAYMENT