Direct Public Access

Access a barrister directly — without having to instruct a solicitor first.

Legal problems can be complicated enough without having to navigate several layers of professional assistance before you can speak to the person who can give you specialist legal advice.

Public Access, also known as Direct Access, allows members of the public and organisations to instruct an authorised barrister directly, where the barrister is permitted and considers the matter suitable for Public Access.

You do not necessarily need to instruct a solicitor first.

This can provide a more direct route to specialist legal advice, drafting, negotiation and, where appropriate, representation.

What is Direct Public Access?

Traditionally, a person seeking a barrister's assistance would instruct a solicitor, who would then instruct the barrister on their behalf.

Under Public Access, an appropriately authorised barrister can be instructed directly by the client.

The barrister remains an independent legal professional and performs the legal work that they are qualified and authorised to undertake.

The Bar Council explains that Public Access barristers can, depending on the circumstances:

  • provide specialist legal advice;

  • advise on the merits and potential outcomes of a case;

  • advise on the next steps;

  • draft correspondence;

  • help draft statements;

  • draft formal court documents;

  • advise on suitable experts;

  • assist with instructions to expert witnesses;

  • assist with negotiations and attempts to resolve a dispute;

  • and represent a client in court where appropriate.

However, Public Access does not mean that every barrister can undertake every aspect of every case without a solicitor.

The barrister must consider whether Public Access is appropriate for the particular circumstances.

Why was Direct Access introduced?

The Public Access scheme gives individuals and organisations another route to specialist legal expertise.

It can be particularly useful when you:

  • know that you need specialist legal advice but do not necessarily need a solicitor to manage the entire matter;

  • want advice from a barrister before deciding what to do next;

  • need a legal document reviewed or drafted;

  • need assistance understanding a complicated legal position;

  • need advice about the merits or risks of a potential claim;

  • are preparing for a dispute or hearing;

  • want assistance negotiating a legal matter;

  • need representation at court or another appropriate hearing;

  • or simply want to understand your legal position before taking further action.

The Bar Council describes Direct Access as a route that can provide greater flexibility and potentially better value for money, depending on the circumstances.

Do I need a solicitor?

Not necessarily.

One of the principal advantages of Public Access is that you may be able to instruct a barrister directly rather than first instructing a solicitor.

However, this does not mean that a solicitor is unnecessary in every case.

A Public Access barrister must consider whether it is in the client's best interests, or in the interests of justice, for a solicitor or another professional client to be involved.

If circumstances change and a solicitor becomes necessary, the barrister should tell you.

The important question is therefore not:

“Do I need a solicitor?”

but:

“What level and type of legal assistance is appropriate for my particular situation?”

What can a Direct Access barrister do?

Depending on the barrister's expertise, authorisation and the circumstances of your case, a Public Access barrister may be able to:

01 — Advise you

Explain the relevant law, your legal position, the strengths and weaknesses of your case and the options available to you.

02 — Assess your situation

Help you understand what legal issues arise from the circumstances you have described.

This can be particularly useful when a problem does not fit neatly into one area of law.

03 — Review documents

A barrister may review contracts, correspondence, agreements, statements, legal documents or other relevant material.

04 — Draft documents

Depending on the matter, a barrister may draft correspondence, statements, pleadings or other formal legal documents.

05 — Advise on strategy

You may need to know what to do next rather than immediately commence proceedings.

A barrister can advise on possible approaches, risks and options.

06 — Negotiate

A barrister may assist with negotiations and attempts to resolve a dispute without the matter proceeding further.

07 — Prepare you for proceedings

Where appropriate, a barrister can help you understand the process, prepare documents and advise on what will be required.

08 — Represent you

Where authorised and appropriate, a Public Access barrister can represent you in court or other proceedings.

The precise scope of work depends on the matter, the barrister's authorisation and the agreement reached with the client.

What might I still have to do myself?

This is one of the most important things to understand about Direct Access.

A Public Access barrister does not automatically take over every administrative aspect of your case.

In many cases, you remain responsible for certain tasks that a solicitor would ordinarily undertake.

For example, you may need to:

  • keep track of deadlines;

  • send documents to a court or tribunal;

  • deal with certain administrative correspondence;

  • provide information and documents to your barrister;

  • comply with procedural requirements;

  • keep your own records;

  • and make decisions about how you wish to proceed.

The exact division of responsibility should be explained to you at the beginning of the instruction. The Bar Standards Board specifically states that a Public Access barrister should explain what they will do, what the client will need to do and how the fees will work.

Direct Access does not mean “DIY law”

There is an important difference.

DIY legal work means attempting to deal with a legal matter entirely yourself.

Direct Public Access means accessing a qualified and authorised barrister directly.

You can therefore have professional legal expertise without necessarily paying for a solicitor to manage every stage of the matter.

For some clients, the most appropriate arrangement may be:

You manage the administrative aspects → the barrister provides specialist legal expertise.

For another client, a solicitor may be the more appropriate route.

The correct choice depends on the circumstances.

Is every barrister available through Direct Access?

No.

A barrister undertaking Public Access work must meet the applicable requirements, including having a full practising certificate, completing the required Public Access training and registering as a Public Access practitioner.

A barrister must also have the necessary skills and experience for the work.

Public Access does not give a barrister permission to undertake work outside their competence or authorisation.

Can Direct Access be used for any legal problem?

Not automatically.

A barrister may accept Public Access instructions in an area in which they practise, but they must have sufficient experience and competence and must consider whether the matter is suitable for Public Access.

Some matters may require the involvement of a solicitor or another professional.

This can be particularly important where a case requires extensive case management, handling of client affairs, or procedural work that falls outside the barrister's Public Access role.

If a solicitor is needed, this should not be regarded as a failure of the Public Access system.

It means that the most appropriate professional structure has been identified for the particular case.

Why might Direct Access be right for me?

Direct Access can be particularly attractive where you want specialist legal expertise without automatically committing to a solicitor-managed case from the outset.

For example:

“I need to understand my legal position.”

A barrister can advise you on the relevant law and your options.

“I have received a legal document and don't understand what it means.”

A barrister may be able to review and explain it.

“I am considering taking legal action.”

You may want advice about the merits, risks and possible consequences before committing yourself.

“I have already started dealing with the matter myself.”

You may still benefit from professional advice at a particular stage.

“I am negotiating with another person or organisation.”

A barrister may be able to advise you on your position and assist with negotiations.

“I am involved in a dispute.”

A barrister may advise on strategy, documents, settlement and, where appropriate, representation.

“My situation involves more than one country.”

The matter may require careful consideration of which jurisdictions and legal systems are relevant and whether additional local professional assistance is required.

Direct Access and cost

There is no single standard price for Public Access barristers.

Fees depend on the barrister, their experience, the area of law, the complexity of the matter and the work required.

The Bar Standards Board requires relevant fee information to be made available, and clients should receive clear information about what the service includes and what it is expected to cost.

You should therefore consider:

What do I need the barrister to do?

rather than simply:

“How much does a lawyer cost?”

You may require only:

  • a consultation;

  • a written opinion;

  • a document review;

  • drafting;

  • negotiation assistance;

  • preparation for a hearing;

  • or representation.

You do not necessarily have to purchase more legal assistance than your situation requires.

Direct Access and legal aid

Public Access is generally privately funded.

The Bar Council states that barristers cannot undertake publicly funded legal-aid work under the Direct Access scheme. If you may qualify for legal aid, the appropriate route should be considered before proceeding.

How BLP can help

At BLP Law Chambers, we understand that people often come to us before they know exactly what legal service they need.

You may have:

  • a property problem;

  • an inheritance issue;

  • a financial dispute;

  • a contract;

  • a family matter;

  • an employment problem;

  • an immigration issue;

  • a business concern;

  • a dispute;

  • or circumstances involving more than one country.

You do not need to arrive with the correct legal terminology.

Start with the situation.

Tell us:

What has happened?

What are you trying to achieve?

What are you concerned about?

We can then consider what legal issues may arise and what type of professional assistance may be appropriate.

The BLP Direct Access approach

1. You contact us

Tell us briefly what is happening.

2. We understand the situation

We consider the circumstances and the type of assistance you may require.

3. We identify the appropriate legal expertise

Where appropriate, we identify a barrister whose experience is suited to the matter.

4. We consider whether Public Access is suitable

Not every case should be handled through Direct Access.

The client's interests come first.

5. You understand the scope and cost

Before work begins, you should understand what the barrister will do, what you will need to do and how the fees will operate.

6. The barrister provides the agreed legal assistance

This may involve advice, drafting, document review, negotiation, preparation or representation, depending on the circumstances and authorisation.

Direct Public Access

Specialist legal expertise, directly accessible.

You don't need to know exactly what area of law you need.

Start by telling us what is happening.

BLP Law Chambers
Experience. Knowledge. Results.

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