Until
recently, it was not possible for members of the public to go to a barrister
directly, they needed to use a solicitor, or some other recognised form
of access. This has now changed. Although the barristers’ role
remains the same, members of the public may now instruct a barrister
direct (Public Access).
There
are differences between the services offered by a barrister and a solicitor.
•Barristers
become involved where expert legal advice is needed or where documents
need to be drafted, or for advocacy
•Barristers are not permitted to offer some of the services provided
by solicitors
Public
Access is permitted in most areas of law…although there are exceptions.
The areas where Public Access is not permitted are as follows:
Criminal
work: except in the following areas:-
•Advisory work, except where proceedings have already started
•Appeals from the Justices to the Crown Court against sentence
only, and where no issue as to the calling of evidence of fact has arisen
or is likely to arise
•Appeals from the Justices to the High Court by way of case stated
•Appeals from the Crown Court to the Court of Appeal, Criminal
Division, where no issue as to the calling of fresh evidence has arisen
or is likely to arise
•Appeals to the House of the Lords or Privy Council
•Appeals to the European Court of Justice and the European Court
of Human Rights
Family
Work: except in the following areas:-
•Advisory
work or drafting, other than in connection with proceedings which have
been commenced
•Hearings before the Child Support Commissioner and the Child
Support Appeal Tribunal
•Appeals from the Justices to the High Court by way of case stated
•Appeals to the Court of Appeal, where no issue as to the calling
of fresh evidence has arisen or is likely to arise
•Appeals to the House of Lords or Privy Council
•Appeals to European Court of Justice and the European Court of
Human Rights
Immigration
Work: with no exceptions
If
you may be eligible for public funding, a barrister is likely to advise
you to approach a solicitor with a franchise from the Legal Services
Commission to investigate this possibility – your barrister is
unable to apply to the Legal Services Commission for public funding
on your behalf.
Once you know who you want to instruct, then contact the Chambers from
which the barrister practises and speak to the Senior Clerk or Practice
Manager. You will have to explain to them that you wish to instruct
the barrister directly and the nature of the work, which you wish the
barrister to undertake for you. It may be that they will ask you to
send your written instructions (setting out the factual background to
your case and what it is that you want the barrister to do). Alternatively,
the barrister may decide that it would be appropriate in the first instance
briefly to discuss the matter with you on the telephone or at a preliminary
meeting to decide on the best way forward.
The
law requires the barrister to obtain proof of your identity. This will
be dealt with as soon as reasonably practicable after you have first
made contact with the barrister and it is likely that this will take
place after you make the initial contact.
The
barrister will require satisfactory evidence of your identity –
that is, proof of your name, date of birth and current address. The
type of evidence required will depend on the circumstances.
For example:
1.If
you are an individual, you may be required to produce in person your
current passport or other national identity card or a new form of driving
licence (with a photograph) together with a recent utility bill, bank
or building society statement.
2.If you are acting on behalf of a company, you will be required to
produce a certified copy of Certificate of Incorporation, the latest
accounts filed at Companies House and evidence that you are authorised
to act on behalf of the company.
To
carry out these procedures properly, the barrister may well have to
have a meeting with you. You will be told what to bring to the meeting.
The barrister is required to take copies of the documents which you
bring and to retain those copies for 5 years.
