Direct Access (or Public Access) allows you to engage with a barrister directly, without going through a solicitor. Working with a Direct Access Barrister can reduce legal costs, as you only pay for the barrister’s time.
What is Direct Access?
Traditionally, you would need to go through a solicitor who would then instruct a barrister on your behalf. But changes in regulations have allowed for more flexibility in how legal services are accessed.
In 2004, the Public Access Scheme was set up to allow members of the public to work directly with barristers without the need to go through a solicitor. The aim of the scheme is to help clients save money on legal costs by giving them direct access to barristers, avoiding the need to pay separate fees to a solicitor.
Instructing a barrister directly can save on the cost and time of case preparation and its passage through court, without compromising the standard of service you receive.
Who Can Use Direct Access?
Direct access is available for both individuals and businesses seeking legal assistance. Whether you are dealing with a personal matter, such as family law issues, or require representation in commercial disputes, you can engage directly with a barrister who specialises in your area of concern.
It’s important to note that not all barristers offer direct access services; however, many do. When searching for a barrister, look for those who explicitly state that they accept direct access clients.
Although direct access barristers can work on a range of cases, they cannot conduct litigation on your behalf. This means you will need to handle some of the administration tasks typically performed by a solicitor, including gathering and organising documents, managing correspondence, and ensuring that deadlines are met. However, barristers will be there to provide support and direction whenever necessary.
If at any point they believe that your case would benefit from the involvement of a solicitor, they will advise you accordingly.
Benefits of Direct Access
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Cost-Effectiveness
One of the primary benefits of using direct access barriers is that you will save on costs. Clients may save on additional fees that involve instructing a solicitor. Barristers often charge lower hourly rates compared to solicitors, making it more affordable. This is particularly beneficial for clients who are comfortable handling some of the administrative aspects of their case.
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Expert Legal Advice
Barristers are experts in their field and have extensive knowledge and experience about arguing cases in court and specific areas of law. When you engage directly with a barrister, you benefit from their expertise without having to go through another professional who may not have the same level of specialisation.
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Greater Control Over Your Case
Direct access allows clients greater control over their legal matters. You can communicate directly with your barrister regarding your case’s specifics and make informed decisions based on their guidance without having an intermediary filter information or advice.
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Direct Communication
Communication becomes more straightforward and efficient when working directly with a barrister. You will have direct communication throughout your case, ensuring that you receive tailored advice and guidance at every stage. You can discuss your case openly without worrying about miscommunication.
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Flexibility in Arrangements
Direct access arrangements offer flexibility in terms of how you choose to work with your barrister—whether it’s through one-off consultations or ongoing representation throughout your case.
Working with a public access barrister means you can choose when and how you seek legal support. You can also agree on a fixed fee in advance, so there are no hidden costs.
What a Direct Access Barrister Can Do for You
You can instruct a direct access barrister at any stage of your case, including before any proceedings have been issued. If you decide to work with a barrister directly, they can assist with various aspects of your case, including:
- Providing Legal Advice: Giving clear and practical legal advice on any family law matter.
- Drafting Legal Documents: Support you draft necessary legal documents, such as statements or applications, to ensure that your case is well-prepared.
- Assisting with Correspondence: If you need help drafting letters or other documents throughout your case, they can provide assistance and guidance.
- Court Representation: If required, they can represent you in court to advocate on your behalf.
How Does Direct Access Work?
Engaging a direct access barrister typically involves several steps:
- Research: Begin by researching potential barristers who specialise in your area of law, for example family law.
- Initial Consultation: Many barristers offer an initial consultation where you can discuss your case briefly and determine if they are suitable for your needs.
- Agreement: If you decide to proceed, you’ll enter into an agreement outlining the terms of service and fees.
- Ongoing Communication: Throughout your case, you’ll maintain direct communication with your barrister regarding any developments or concerns that arise.
Limitations of Direct Access
While there are numerous benefits associated with engaging directly with a barrister, it’s important to consider some limitations:
- Complex Cases: For particularly complex cases requiring extensive documentation or multiple areas of expertise (e.g., family law combined with financial disputes), having both a solicitor and a barrister may still be beneficial.
- Limited Services: Some tasks traditionally performed by solicitors—such as conducting litigation or handling certain administrative duties—you will need to handle yourself. However, your barrister will be there to provide support and direction.
- Not All Barristers Accept Direct Access: As mentioned earlier, not all barristers provide services under direct access arrangements. So, when searching for a barrister, look for those who accept direct access clients.
How to Instruct Me as a Direct Access Barrister
To begin the process, simply fill out the online form on my website and my clerk will contact you to discuss the next steps. I always try to work on a fixed fee basis, which means that all costs are agreed upon and paid in advance, giving you transparency and control over your legal expenses.
Contact Your Direct Access Barrister
To discuss your case or to schedule a consultation, please call 020 7092 3723 or submit an enquiry.
Further Information
For a more detailed understanding of how public access works and whether instructing a barrister directly is the right choice for you, please see Public Access guidance for the public.