Direct Access Barrister

Wales & England

Instructing a barrister directly — and how that differs from using a solicitor

You are thinking of instructing me directly, without a solicitor. This is called “direct access” (or “public access”). It can save you time and money, but it is not right for every case. This letter explains what a barrister does, how that is different from a solicitor, and how to decide whether direct access is the right route for you. It sits alongside the Bar Standards Board’s Guidance for Lay Clients, which I will also give you.

What I can do for you directly

Instructed directly, I can advise you on the law and the strength of your case; draft documents such as statements of case, witness statements, agreements and letters; advise on and help you instruct experts; and represent you at hearings, in tribunals and in settlement discussions. For many people, going straight to the barrister who would argue the case is quicker and more cost-effective than paying for a full litigation service they do not need.

What a barrister cannot do — and what that means for you

Barristers do not “conduct litigation” and do not handle client money. So if your matter involves court or tribunal proceedings, and unless we agree otherwise, you will be a litigant in person – meaning you, not I, are formally responsible for running the case. In practice that means you would file documents at court, meet deadlines and disclosure duties, and be the address for service, while I help with the discrete tasks you instruct me to do (such as advising, drafting, or appearing at a hearing). I will always be clear about which parts are mine and which remain yours.

When direct access may not be right

Direct access works best where the work is well-defined and you are able (with my help) to manage the parts of the case I am not handling. It may not be suitable if your case is highly document-heavy or complex, if you would struggle to deal with court procedure yourself, if you may be eligible for legal aid (which I cannot provide – it must be arranged through a solicitor), or if your interests or the interests of justice mean a solicitor is needed. I have a professional duty to consider this at the outset and throughout, and I will tell you honestly if I think you need a solicitor.

If, having read this, you are happy to proceed on a direct access basis, the enclosed letter of engagement and Terms of Engagement set out exactly what I will do and what it will cost. If you have any questions, please ask me before you sign.