Direct Access Barrister: How Your Legal Advisor can Assist
Your Legal Advisor can connect you with a direct access barrister today to achieve the best outcome on your commercial dispute.
What is a direct access barrister?
Traditionally, Barristers could only accept instructions from professional clients such as Solicitors. However, the Public Access Scheme changed this. Now, Direct Access Barristers can accept instructions from members of the public directly, without the involvement of a Solicitor or an intermediary. This means Barristers are now more publicly accessible than they used to be prior to 2004.
How do I know if my case is suitable for public access?
Public access is available for all types of law including but not limited to civil, criminal, housing, commercial, employment law and immigration.
However, please note, that not all public access work will be accepted by Direct Access Barristers. For example, The Barristers will consider all public access requests, where the Barrister will assess the complexity of the litigation and decide if the case falls within the scope of Public Access Instructions as set by Bar Standards Board. Factors that Barristers consider include the nature and complexity of the case and your ability to deal with the aspects normally handled by a Solicitor.
If a Barrister decides that your case is not suitable for public access, the rules require them to decline your instructions and refer you to a Solicitor.
Direct Access is most suitable for reasonably straightforward cases. In some cases, a Barrister may accept your case, and during the litigation they may refer you to a Solicitor because:
- The case is of such complexity or reached a stage where it is not in the client’s best interests to instruct a barrister without a solicitor.
- The case may become complex and involve work which the client cannot do and so it would be in the best interests of the client to instruct a solicitor.
Direct Access Barristers are restricted from accepting instructions from a legal aid funded client. If you are funded by legal aid, then you must instruct a solicitor first prior to instructing a Barrister. However, once the case has concluded and you are no longer receiving legal aid, you are then able to approach a barrister directly.
What sort of work can a Direct Access Barrister do?
Direct Access Barristers can do the following:
- Direct Access Barristers can advise on the litigation including on the merits and potential outcomes of the case;
- Represent you in Court;
- Attend an investigative interview or hearing; and
- Draft documents including pleadings and witness statements.
What sort of work can a Direct Access Barrister not do?
- Conduct litigation on your behalf;
- File documents at Court;
- Instructing expert witnesses on your behalf;
- Pay Court fees on your behalf;
- Communicate with the other side and Court on your behalf.
What are the benefits of instructing a Direct Access Barrister?
The biggest advantage is that you will deal with your barrister directly, without a solicitor acting as a go between. This prevents any duplication of effort which often arises when solicitors are instructed. For example, direct access means you tell your story to one barrister whereas if solicitors are instructed, you may have to repeat your story to numerous people.
By instructing a Barrister directly, you do not incur the cost of instructing a solicitor, which can be extremely expensive. Further to this, you are only instructing one legal representative, whereas if you instructed a Solicitor who subsequently instructed a Barrister, you would have to pay the fees of both sets of fees.
You ultimately have control of your case.
You are ultimately responsible for the day to day running of your case, without the input of a solicitor.
By instructing a Barrister directly, you will get the advice and representation required much quicker compared to if a Solicitor instructed a Barrister on your behalf.
Choosing an expert to deal with your commercial dispute can be extremely daunting. Your Legal Advisor understands the importance of instructing the right legal specialist to provide you with effective advice and representation.
We know that the legal process can be difficult to understand at times; therefore, we would highly recommend using our services and contacting us to find a barrister today.
We have over 30 years combined experince working in the legal market, so we are wll equipped to help you find the right barrister for your case.
Our experience has helped us to understand how the sector works, and how to find the most suitable, best priced professionals to help you through the process of litigation, removing any stress.
Get in touch with us directly using the form at the bottom of the page, and we will arrange an appointment with a specialist legal professional.
How much does it cost?
A Barrister is likely to work on a fixed fee basis, especially when the work consists of attending a hearing. A fixed fee is a set fee that is paid on delivery of the instructions to the Barrister. However, a Barrister will be taking the risk that the work may take longer than expected and so may charge more to compensate for this.
Occasionally, a Barrister may feel an hourly rate is more appropriate than a fixed fee. A variety of factors influence a Barrister’s hourly rate which includes seniority of the Barrister and the type of work. If an hourly rate is agreed, they are often subject to a reasonable periodic review to reflect any changes in the Barrister’s status, such as becoming a QC or seniority. Please note, you will be made aware of any changes before they are implemented.
How long does it take?
This depends on a variety of factors:
- The availability of the Barrister
- Complexity of the case
- Number of papers to review
- Other Parties’ conduct
- Court waiting times.
How can I find a direct access barrister?
The Bar Council have created A Direct Access Portal which is a publicly accessible search to assist the public in their search for a barrister and other legal professionals. As the Portal is ran by the Bar Council, all the Barristers shown on the Portal are qualified and regulated in accordance with the Bar Standards Handbook.
However, we understand trying to find a barrister on your own may be daunting as the results are based on the type of law and location. As such, the results will show barristers with similar experience closest to you. This makes it difficult for yourself to pick the Barrister best suited to your case.
How can Your Legal Advisor help me?
Our Team have over 30 years of experience in the legal industry. Over the 30 years we have worked with a wide range of barristers and can quickly find the most suitable, cost-effective Barrister to help you with your litigation. This removes the stress of trying to find a suitable Barrister yourself.
If you need some help finding the right barrister, please contact us at firstname.lastname@example.org or by telephone on 01204263049.
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