Regulated by the Bar Standards Board.

A copy of the Bar Standards Board for lay clients is accessible for download through the following link.

Areas of Practice

Administration Of Oaths

Immigration Work

Probate Activities

Reserved Instrument Activities

Introduction

What is Public Access?

Public Access Barristers are permitted to accept instructions directly or on behalf of members of the public, also referred to as the ‘lay’ client. A transaction that involves a public access barrister and a lay client does not include the traditional role of a solicitor.

Benefits of Public Access Scheme

• Allows clients direct access to the barrister
• Allows clients clear, concise and direct communication with the barrister
• Allows clients to save on costs as only a barrister is involved as opposed to a barrister and a solicitor
• Allows clients to opt for a fixed fee rate
• Allows a high degree of transparency due to first-hand involvement of the client

How to know whether your case is suitable for Public Access

Public Access work is suitable for all types of work a barrister is permitted to perform except for works funded by legal aid.

It is worth pausing for clients to consider whether they require a solicitor to assist with their case. Some cases may not be suitable for Public Access because of their emotional nature, because they are particularly complex, or because the type of work needed to prepare the case would be difficult for a barrister to carry out. If a client is confused as to the nature of their case, it is best to discuss the issue with the barrister as they may suggest the involvement of a solicitor if needed.

A client is required to be able to deal with certain administrative tasks to help their case without the help of another legal professional. Examples include being able to gather together the papers and the evidence in support of their case which the barrister will need in order to carry out his work. A client may also need to file documents at court (for example, submit documents such as expert reports, case summaries or witness statements, depending on the case) and write to the court and other parties (although the barrister will be able to draft letters and other legal documents on your behalf). If a client is not sure if he will be able to assist with the various administrative tasks for whatever reason, it is worth considering if it would be better to have a solicitor assist him with his case.

If a case involves litigation, a client is required to check with his barrister whether he is authorized to conduct litigation as, unlike all solicitors, not all barristers are authorized to conduct litigation. If the barrister is unable to conduct litigation for the client, then the client will be known as a ‘litigant in person’. This means that the client’s name will appear on the court’s records and other documents, and that court will send all the documentation to the client. If a barrister is authorized to conduct litigation, he will be authorized to carry out all such tasks for the client.

In considering whether a case is suitable to be undertaken for Public Access, the barrister is likely to take into account the nature and complexity of the case and (if the barrister can or cannot undertake litigation for you). A barrister will also consider the ability of the client to deal with those aspects of the case which would normally be taken care of by a solicitor. In making a decision the barrister will be guided by the requirements set out in the BSB (Bar Standards Board) Handbook. If a barrister decides that the case is not suitable for Public Access, the rules require them not to act for you. If you wish, they may recommend a suitable solicitor for you to instruct.

Public Funding

If a client qualified for public funding (also known as legal aid) or wishes to benefit from legal aid, he may instruct a solicitor instead of a barrister as a barrister cannot conduct legal aid works unless accompanied by a solicitor.

In order to ascertain whether a client qualifies for public funding or not, please refer to the following link or contact a solicitor who is engaged in legal aid works. A solicitor will be able to tell regarding legal aid for a civil case (e.g. a private dispute with another individual or organisation) and for a criminal case (e.g. where a crime may have been committed).

If a client qualifies for legal aid yet he prefers to instruct a Public Access barrister, the barrister should ensure that the client fully understands that will not have legal aid for his case, and the likely costs incurred of not accessing public funds. It is likely for a barrister to ask you to confirm in writing that the client fully understands the consequences of his “informed decision” not to use legal aid.

A barrister accepting Public Access work

It is, of course, a barrister’s choice whether to or not accept a case suitable for public access. However, a barrister is not allowed to reject a case on the following grounds:

• On the grounds of race, colour, ethnic or national origin, nationality, citizenship, sex, gender re-assignment, sexual orientation, marital or civil partnership status, disability, age, religion or belief or pregnancy and maternity;
• On the grounds that they (or others) do not like the nature of the case; or
• On the grounds that your conduct, opinions or beliefs are unacceptable to them (or others)

Upon a barrister’s acceptance of instructions under a public access case, a client is entitled to a client care letter. A client care letter describes the work to be undertaken, sets out the terms and conditions, states how much the work will cost and how to complain if something goes wrong.

Barristers are under a recurring duty throughout the case to assess the suitability of the case for Public Access. A Public Access Barrister must discontinue accepting public access instructions if the case is no longer suitable.

The distinction between services offered by a barrister and a solicitor

Barristers specialize in providing expert legal advice, representing the client in court and drafting legal documentation. However, solicitors normally provide instructions to barristers, render advice to clients and draft documentation for their clients.

Unlike solicitors, barristers are unable to handle client money in their account nor can they conduct litigation unless they have been specifically authorized to do so. A barrister will inform the client of services he may be unable to undertake.

Following are the activities a barrister is entitled to undertake:

• A barrister may appear on behalf of the client at court
• A barrister may provide a client with legal advice
• A barrister may draft legal documents for clients, such as a will or statement of claim
• A barrister may advise the client on the formal steps which need to be taken in proceedings before a court or tribunal, and draft formal documents for use in those proceedings
• A barrister may draft and send letters for the client if they have proper systems in place to manage letters, and are not conducting litigation when not authorized to do so
• If a witness statement from a client is required in proceedings, a barrister may prepare that statement from what a client tells them. 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 in a property case who can provide technical/professional evidence), a barrister may advise the client on the choice of a suitable expert and instruct them
• Barristers can negotiate on the client’s behalf and can attend employment, police or investigative hearings.

Does a barrister need special training to do Public Access work?

Yes, before a barrister can accept Public Access work, they must have done a Public Access training course approved by the BSB, and notified the BSB that they have done this. A client can check whether a barrister is Public Access registered by looking on the Barristers’ Register on the BSB’s website.

Instructing a Public Access barrister

It is important to instruct a barrister who specialises in the area of law for your case. If you do not know who to instruct, there are a number of ways of finding the right barrister. Clients can refer to the Bar Council online directory of Public Access barristers called the Direct Access Portal: https://www.directaccessportal.co.uk

How to instruct a barrister?

As a sole practitioner i.e. not a member of a chambers, a client should contact the barrister’s place of work. The client should explain that they wish to instruct the barrister via Public Access and the work which the client wishes the barrister to do for them. The barrister may want the client to send some further documents, or alternatively may decide that it would be best for a meeting to agree on the way forward.

Proof of identity

In some circumstances, the law will require the barrister to do certain identification procedures. These must be followed as soon as possible after the client has made first contact with the barrister.

If this is needed, the barrister will require evidence of the client’s identity i.e. proof of your name, date of birth and current address. The type of evidence required will depend on the circumstances. For example:

• If you are acting as an individual, you may be required to produce in person your current passport, other national identity card or a driving licence (with a photograph) together with a recent utility bill, or bank or building society statement.
• If you are acting on behalf of a company, you will need to produce a certified copy of the Certificate of Incorporation, the latest accounts filed at Companies House and evidence that you are authorized to act on behalf of the company.

To do the procedures properly, the barrister may need to have a meeting with the client. The client will be told what to bring to that meeting. The barrister is required to take copies of the documents he brings and to keep those copies for 7 years.

How will the client be charged?

A barrister usually charges according to their level of experience, the complexity of the case and the length of time involved in dealing with it. It is important that the cost, and when the fee is payable, is agreed upon before the barrister starts work. It is also important that the terms of the agreement are clear to both the client and the barrister before the barrister starts work.

There are no formal scales of fees for barristers’ work. The amount to be charged for any particular piece of work, and when the fee is payable, is a matter for negotiation between the client and the barrister. All Public Access barristers are independent self-employed practitioners, competing with each other. If the fee quoted by one barrister to be too high, try another barrister.

If the fee is for a hearing, the barrister is normally entitled to the fee whether or not the hearing goes ahead. If that is the case, the barrister should tell the client before the client agrees with the fee.

In other cases (e.g. for a meeting or written advice), it may be possible to fix a fee in advance for the work. However, that will not be possible in every case. If it is not possible, the client should ask for an estimate. A client may be able to agree with the barrister that there should be a “ceiling” on the fee charged for a particular piece of work.

The barrister may require their fee to be paid before doing the work. If the work involves the production of paperwork (for example, the drafting of a contract), the barrister may require the client to pay for the work after they have completed it but before releasing it to them. The barrister should inform the client regarding this before the client agrees to the fee.

Conditional fee agreements (where you only pay a fee if your case succeeds) are possible. However, in most cases it is unlikely that barristers will be willing to do Public Access work under conditional fee agreements. Again, this is matter of negotiation between the client and the barrister.

The barrister is required to keep records to justify the fees that they are charging. Clients are entitled to ask for details to justify the fee they are being charged.

Can a barrister stop acting for a client even after they have accepted instructions?

Yes, but this will only happen in a small number of cases. There will be some rare occasions when the barrister has to stop acting for a client. In Public Access cases, the barrister must stop acting for a client if they believe that the case is no longer suitable for Public Access. The barrister may be able to assist if, because of them no longer acting for you, the client may experience difficulties with their case.

In Public Access cases, a barrister must also stop acting where they believe that it is in the client’s best interests to instruct a solicitor or other professional person. In these cases:

• Your barrister is under a duty to consider whether your case remains a suitable case for Public Access. If they believe that it is not, you will be advised of this fact. If you then instruct a solicitor or other professional person able to provide instructions to the barrister, they may continue to act for you. If you do not, your barrister must stop acting for you.
• If you are a party to proceedings (i.e. you have brought a case against another person or a case has been brought against you), a hearing is coming up shortly and you are likely to have difficulty finding a solicitor in time for the hearing, your barrister should provide you with assistance to protect your position. Although your barrister may not continue to work for you on a Public Access basis, they may be able to assist you by, for example:
• drafting letters for you to send, asking for an adjournment of the hearing;
• writing a letter to the court in support of that application, explaining that they have had to withdraw and, if appropriate, explaining the reasons for doing so;
• assisting you to find a solicitor.

Can a client instruct a barrister via Public Access when he has already instructed solicitors?

Yes, a client may instruct a barrister via Public Access even though he has already instructed solicitors. If you do so, the barrister will still have to consider whether they should accept your instructions. The fact that you have instructed solicitors is not a reason for refusing to accept your instructions, and the barrister may not contact your solicitors without your permission. However, there may be cases (e.g. where your case involves existing litigation) where a barrister will refuse to accept your instructions unless you give them permission to contact and work with your solicitors, and you also give your solicitors permission to provide information to the barrister.

Confidentiality and compulsory disclosure of information

Your barrister is under a duty to keep your affairs confidential. This is called “legal professional privilege” and protects a client’s communications with his barrister from being disclosed to others unless the client consents. The only exception is that any lawyer (e.g. a barrister or a solicitor) may be required by law to disclose information to certain authorities, and to do so without first getting the client’s consent or telling the client that they have disclosed the information.

Complaints

If you have a complaint about your barrister, then you should try to resolve it by following the complaints procedure of your barrister or their chambers. Information on how to do this should have been provided to you in your client care letter.

If you are not satisfied with the outcome of your complaint, then you can contact the Legal Ombudsman. The Legal Ombudsman is an independent organization. It deals with complaints about the service provided by all types of lawyers in England and Wales. The Legal Ombudsman can decide whether or not the service you received from your barrister was satisfactory, and can:

• Award compensation for poor service;
• Consider whether the fees charged/paid should be reduced;
• Decide whether you should receive an apology.

Any complaint to the Legal Ombudsman should be made within 6 months of receiving the final response to your complaint from your barrister or their chambers (as long as the response tells you about your right to complain to the Ombudsman and the six-month time limit). A complaint to the Legal Ombudsman must also not be made more than 6 years after the problem arises, and not more than 3 years after you become aware of the problem.

The Legal Ombudsman will review your complaint and decide whether there are any concerns about professional misconduct (professional misconduct is when a barrister has not kept to the BSB Handbook, and so disciplinary action might need to be taken). If your complaint raises concerns about professional misconduct, the Legal Ombudsman will refer those concerns to the BSB for consideration. If the Legal Ombudsman needs to make a referral, you do not need to do anything. The Legal Ombudsman will let you know if they have made a referral and the BSB will also contact you to confirm this.

The Legal Ombudsman can give you more detailed information on how to make a complaint.

You can contact the Legal Ombudsman:

By phone: 0300 555 0333

By email: enquiries@legalombudsman.org.uk

Through their website: www.legalombudsman.org.uk

By post: PO Box 6806, Wolverhampton, WV1 9WJ

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