Direct Access

What is Direct Access?

The Direct Access (or Public Access) scheme allows members of the public, commercial organisations and non-commercial organisations to instruct an authorised barrister directly without the need to go through a solicitor or intermediatory. The barrister’s role remains the same, meaning that they are qualified to:

  • provide you with expert legal advice about the merits of your case;
  • assist you with drafting correspondence/statements
  • offer you advice on the next steps to be taken in proceedings;
  • assist you in trying to resolve your case; and
  • represent you in court.

Barristers who offer Direct Access do not offer to conduct litigation. That means that the responsibility for the day-to-day management of your case will remain with you. You will be responsible for organising case documents, writing letters and carrying out tasks that a solicitor would normally do.

What is the difference between a solicitor and a barrister?

Barristers and solicitors have different skillsets and expertise in various aspects of litigation. Solicitors are generally experienced in giving legal advice, drafting applications, witness statements and other legal documents and engaging in correspondence during any litigation. Barristers are usually used to offer specialist legal advice/drafting or to represent a client in court/tribunals. Barristers usually specialise in an area or two of law which allows them to develop particular expertise and knowledge in that area. When a case has to go to court, many solicitors choose to ‘instruct’ a barrister. This means that they work in partnership, with the solicitor running the litigation and the barrister responsible for the representation in court. The client pays the solicitor for their services and also pays the barrister for the additional services they offer.

Barristers instructed on a direct access basis are instructed not by a solicitor, but by the lay client directly, if the client feels able to conduct the day-to-day running of the case without a solicitor.

Why choose Direct Access – what are the advantages?

Typically, barristers are instructed by solicitors to represent and advise clients, however with the direct access scheme this has all changed. If you feel able to deal with the litigation on your own but need legal advice or representation at court hearings, you can now by-pass the solicitor and their fees and go direct to a barrister. You can save considerably on solicitor’s fees and there are no hidden costs. Fees are agreed in advance, on a fixed fee basis so that you know exactly what you are paying for. These fees depend on a variety of factors including the type of hearing, the seniority of the barrister, and the amount of paperwork involved.

What is litigation?

Litigation is a formal process during which legal disputes are resolved. The process of litigation is a series of steps taken to resolve the matter with the other side/party, whether through negotiations toward a settlement, or a court hearing where the parties will present their respective cases to a court for its judgment. In direct access cases the barrister cannot litigate, this is down to the lay client to do themselves. They will be expected to communicate with the other side, draft and file paperwork with the other side and the court, if need be. The barrister instructed can advise on the process, but the running of the case is down to the client.

How does direct access work at Fenners Chambers?

When you call, you will speak to Robyn who is our dedicated direct access clerk. She will ask you what your legal case is about and if you require advice or representation at an upcoming hearing. Robyn is not legally trained so will not be able to give any legal advice over the telephone, instead she will ask you to fill in a short form so that she can investigate barristers’ availability and allocate your case to appropriate members of the team to review your case. She will come back to you as quickly as possible with names of barristers available and a fee quotation for each.

If on reviewing your case, our barristers believe that your case/interests would be better served by instructing a solicitor, Robyn will advise you of this and of the next steps for you.

How do we calculate our fees/costs?

We have a wide range of barristers who are qualified to undertake direct access work, from junior barristers to more senior. The fee we quote to you will depends on the seniority of the barrister we offer you and what your needs are e.g., legal advice which tends be charged on an hourly basis or representation at a court hearing which will be fixed fee. The more information we have about a matter, the easier it is to provide an accurate fee estimate. We estimate and agree fees before any chargeable work is undertaken and fees must be paid, in full, before the barrister will undertake any work. All fees quoted are subject to VAT, where applicable. Our direct access hourly rates range from £300-£600 + VAT.

For further details on fixed fees, please click on the respective area of law:

To enquire further, please contact:

Cathy Hugo

Cathy Hugo

DEPUTY SENIOR CLERK
Email:

cathy.hugo@fennerschambers.com
Tel: 01223 431901

Paul Green

Paul Green

SENIOR CLERK
Email:

paul.green@fennerschambers.com
Tel: 01223 368761

Team Members

For more information about Direct Access:
The Bar Standards Board publishes up to date guidance for lay clients on their website.