• ABOUT US
• BARRISTERS / MEMBERS
• DIRECT ACCESS
• CONTACT

Until recently, it was not possible for members of the public to go to a barrister directly; they needed to use a solicitor, or some other recognised form of access. This has now changed. Although the barrister's role remains the same, members of the public may now instruct a barrister direct (Public Access).

The following gives a brief outline as to what our Barristers are entitled to undertake as part of this scheme:

We Can:

• A barrister may give you legal advice.
• A barrister may draft documents for you, such as a will.
• A barrister may advise you on the formal steps which need to be taken in proceedings before a court or other organisation and draft formal documents for use in those proceedings.
• A barrister may draft a letter for you to send to another person (although a barrister may not sign or send the letter on your behalf or write the letter on his or her notepaper).
• If a witness statement from you is required in proceedings, a barrister may prepare that statement from what you tell him or her. A barrister may also help to prepare witness statements from another person based on the information which that person has provided.
• Where a case requires an expert witness (for example, a surveyor), a barrister may advise you on the choice of a suitable expert and may draft a letter of instruction which you can then send to the expert on your own notepaper.

We Cannot:

• A barrister is not allowed to issue proceedings on your behalf or to issue other applications or to take other formal steps in court or other proceedings.
• A barrister may not use his or her notepaper to send letters on your behalf nor may he or she sign or send letters on your behalf.
• A barrister is not allowed to investigate or collect evidence for use in proceedings. This means that, for example, a barrister is not allowed to contact possible witnesses to investigate what evidence they may be able to give.
• Similarly, a barrister is not allowed to instruct an expert witness on your behalf.
• A barrister is not allowed to take responsibility for the handling of clients' affairs, or to take responsibility for the general management of a client's case, or to handle clients' money.

Areas of Law:

Public Access is permitted in most areas of work. Those where it is not permitted, however, are as follows:

• Criminal work, except in the following areas:
  • Advisory work, except where proceedings have already started
  • Appeals from the Justices to the Crown Court against sentence only and where no issue as to the calling of evidence of fact has arisen or is likely to arise
  • Appeals from the Justices to the High Court by way of case stated
  • Appeals from the Crown Court to the Court of Appeal, Criminal Division, where no issue as to the calling of fresh evidence has arisen or is likely to arise
  • Appeals to the House of Lords or Privy Council
  • Appeals to the European Court of Justice and the European Court of Human Rights
• Family work, except in the following areas:
  • Advisory work or drafting, other than in connection with proceedings which have been commenced
  • Hearings before the Child Support Commissioner and the Child Support Appeal Tribunal
  • Appeals from the Justices to the High Court by way of case stated
  • Appeals to the Court of Appeal, where no issue as to the calling of fresh evidence has arisen or is likely to arise
  • Appeals to the House of Lords or Privy Council
  • Appeals to the European Court of Justice and the European Court of Human Rights
• Immigration work.

To discuss the prospects of instructing our barristers direct, please contact our Senior Clerk on 0207 353 9412, or visit the Bar Council website at: http://www.barcouncil.org.uk/guidance/publicaccessinformationforlayclients/