The Direct Access Scheme allows individuals or organisations to directly instruct a barrister, without first engaging a solicitor. This can provide a more streamlined and cost-effective route to obtaining specialist advice and representation. Direct access allows for greater flexibility and direct communication with counsel throughout the case.
Under the scheme, the clients are responsible for conducting litigation themselves (this is generally not something that barristers are authorised to do). The client must be able to manage their case themselves and take responsibility for filing documents with the court, corresponding with other parties and complying with deadlines.
Under the scheme, a barrister can:
- Draft legal documents.
- Represent the client at hearings.
- Provide advice.
- Assist with preparing documents.
A barrister cannot:
- Conduct litigation (unless the barrister in question has a licence to conduct litigation).
- File documents with the court or serve documents on the other parties.
- Correspond with other parties or the court.
- Manage the case.
Process
When an enquiry is made, it is firstly dealt with by a clerk who considers initial suitability. Then an initial conference is organised between the client and the barrister. The purpose of this conference is to determine whether the case is suitable for direct access and whether the client is able to manage the case. The initial conference is not for the barrister to analyse the case and provide advice, though general conversations about the type of case and how the courts operate can still be useful.
If the barrister determines that the case is unsuitable for direct access, the barrister will not take the case on.
Unlike solicitors, barristers do not act under a retainer. For direct access, the client provides specific instructions for each piece of work, with fees agreed in advance.
Is direct access suitable for every case?
Some cases involve complex procedural requirements, extensive correspondence and ongoing case management. These issues may require the assistance of a solicitor.
Barristers have an ongoing duty to consider the developing circumstances of the case, and whether at any stage it is in the best interests of the client, or in the interests of justice, for the client to instruct a solicitor (rC123 Bar Standards Board Handbook).
Accordingly, a case that is initially suitable for direct access may later require a solicitor if the circumstances become more complex or difficult to manage. Suitability must always be kept under review.
Rules
The rules governing barristers undertaking direct access work are set out in the Bar Standards Board Handbook, specifically rC119-rC131.
https://www.barstandardsboard.org.uk/the-bsb-handbook.html
To instruct a direct access barrister, or for further information, please contact clerks@anvilchambers.co.uk