Until 2004, only a solicitor could go to a barrister to seek their help on behalf of a client. A client could not go straight to a barrister and use their expertise. In 2004 a change in the law allowed people and businesses to go straight to a barrister to help with a range of legal services. Using a Direct Access (also called Public Access) barrister means conducting litigation without using a solicitor.
To offer Direct Access services to the public, barristers have to undergo additional training and the majority of barristers choose not to offer it. The Bar Standards Board has provided a useful guide to Public Access barristers which you can read here: BSB guide for the public.
Services I provide through Direct Access
Advice on on a claim
Do you have a legal claim? What are the chances of winning? What is a claim worth? What should you do next or what is the best strategy? I can advise on all these issues either with a written advice or in a meeting. It can help you decide whther it is worthy starting litigation which will be expensive, time-consuming and stressful.
Drafting documents
This can include the Particulars of Claim which is setting out your claim in legal language, the Defence which is your legal grounds for arguing you are not liable in a claim and drafting applications which are requests for the Court to allow certain tasks during a claim.
Conferences
This is the legal term for a meeting where we can discuss any aspect of your claim. Should you make a claim? What evidence should I prepare? Should I try to settle this and how? What do I do next? Conferences can be useful at all stages of a claim when major decisions need to be made about how to proceed. They can also allow you to feel in control of your claim and make informed decisions.
Negotiating settlement
Many civil cases are settled before going to court and this is often a wise strategy. No case is 100% guaranteed to win so going to trial risks losing the case and being responsible for the other side’s legal costs. The court can only provide certain prescribed soutions (called remedies). Sometimes the best outcome for you is a remedy that the court is not permitted to make but that you agree with the other side and set out in a contract.
Conducting negotiations is something I do on a regular basis either at court or in formal mediations and settlement meetings. I can represent you and work with you in meetings to try to agree a compromise or settlement.
Representing you in Court
Barristers are expert advocates who know the law and how best to try to persuade a judge to side with you. You can use a direct access barrister to represent you in court even if you have dealt with every other stage of a case up until that point. I can represents you at all stages of case including at a final trial whether it is in the County Court, High Court or Tribunal.
Work I cannot do
Under the Direct Access scheme, there are certain tasks that barristers cannot do but a solicitor normally would. If you do not use a solicitor, even if I assist and represent you as a Direct Access barrister, you are technically a litigant in person. The BSB provides a useful guide for litigants in person. Although not all of this will apply if you use a Direct Access barrister, it has some useful information.
being a litigant in person means that here are certain tasks that a solicitor would normally do and that I am forbidden from doing for you, so you have to do them yourself. I can advise on how to do them, but can’t actually carry them out. If you are comfortable performing these tasks then it is perfectly possible to conduct a case from beginning to end using only a Direct Access barrister and no solicitor.
The tasks I cannot do under direct access are:
- File legal document at court – any document that needs to be sent to the court would need to be sent by you. You can do this by post or by hand delivery. In some instances you can also do so electronically.
- Serve legal documents on the other side – you will need to post, email if agreed) or hand-deliver documents to the solicitor acting for the person you are claiming against.
- Pay court fees – there are fees to start a claim. You will need to pay these either in person at the court office or by post. In some cases you may pay online.
- Receive post or service of documents connected to the case – All correspondence connected with the case, whether from the court (e.g. court orders) or from the other side (e.g. their evidence) must be sent to you as it is your case. I cannot receive documents on your behalf. As soon as you receive them you are permitted to send them to me if I am representing you.
What this means for you
Failing to meet a court deadline or failing to carry out a task you are responsible for can have disastrous consequences. In the worst case scenario it can lead you to your case being struck out which means you lose. This can be avoided if you are very organised and I can be available to assist you at each step.
To be successful as a litigant in person using a Direct Access barrister you need to have the following skills and abilities. If you think this is true for you then Direct Access may be a god choice:
- You need to be organised and good at meeting deadlines. Sometimes deadlines can be quite tight.
- You need sufficient time to carry out the tasks required at each stage of litigation. If you have little spare time then using Direct Access barrister and no solicitor may not be advisable.
- You need reasonable proficiency in IT, a computer and printer. Most litigation these days involves plenty of emails and production of typed documents. Operating without these makes everything more challenging and the chances of something going wrong become high.
- You need to be able to handle the additional stress and pressure of conducting litigation. If this might be difficult you may be better using a solicitor.
- You need reasonable reading and writing skills and proficiency in English. It is important that you properly understand all documents and communication form the court and the other side to ensure you don’t miss any important deadlines or obligations.
If you start using me as a Direct Access barrister there is no reason that we cannot bring in a solicitor at any point if conducting the case as a litigant in person is becoming too much or circumstances change. Equally, I have a professional duty to say if I think the case is becoming too complicated and the prospects of winning are in any way jeopardised. Should this happen I will recommend stopping work under the Direct Access scheme and switch to using a solicitor. There is no reason I cannot continue to play a significant part assisting a solicitor who becomes involved.