Historically, the Bar was a referral profession, meaning that Barristers could only accept instructions from a professional client such as a solicitor.  The system was similar to the way in which a Medical Consultant sees a patient upon a GP’s referral.  However, a liberalisation of the legal services market means that the Barrister can now accept instructions directly from the client under the Public Access Scheme.  This means you are paying only one lawyer.  Some brief details are as follows:

Many companies, business owners and members of the public have found the Public Access Scheme to be an easy and cost-effective method of obtaining legal advice and Whitechapel Chambers specialises in this area.

Instructing a Barrister under the Public Access Scheme will invariably save you money as you are only paying for one lawyer and a Barrister’s overheads have historically always been lower than those of a Solicitor, which allows those savings to be passed on to the client.  Work can also be done on a fixed fee basis rather than an hourly basis if required, which again can provide a saving.  This method also allows you to have complete control over your choice of Specialist Adviser and gives you a direct line of communication with that Adviser.

Another significant advantage in instructing a Barrister directly is that of continuity.  If you initially instruct a Solicitor, you may not only have to deal with the Solicitor, but also possibly an assistant, a locum and/or a secretary at times.  When your case comes to trial the Solicitor will in all probability instruct a Barrister, as we are the experts in Advocacy.  Using the services of a Barrister directly means that you will have the same person dealing with your case throughout and you won’t have to continually explain your predicament over and over again to different people.  It also assists with the personal aspect and makes it easier to build a working relationship and rapport with your chosen legal representative.

The Bar Council has produced some guidance which sets out details of the sort of direct access work which a Barrister is permitted to conduct without a solicitor being involved.  This will help to give you an idea of whether your case might be suitable for Direct Public Access, but if in doubt please get in touch.

For further information on the Direct Public Access Scheme please click on the link below.

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Public-Access-Guidance-for-Lay-Clients.pdf (barstandardsboard.org.uk)

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How to instruct a barrister (barstandardsboard.org.uk)