Direct Access Guidance

Regulatory Notice

Regulated by the Bar Standards Board.

SBS: A copy of the Bar Standards Board guide 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 to Public Access

Public Access Barristers are permitted to accept instructions directly from members of the public, known as 'lay clients'. This model bypasses the need for a solicitor, allowing direct communication with the barrister.

Benefits of the Public Access Scheme

• Direct access to the barrister
• Clear and concise communication
• Cost efficiency
• Availability of fixed fees
• Transparency in case handling

Assessing Suitability

Public Access is suitable for most legal work not funded by legal aid. Cases of emotional complexity or those requiring significant preparatory work might necessitate a solicitor’s involvement. The barrister will assess case complexity, client readiness, and determine suitability as per BSB Handbook.

Legal Aid Considerations

If eligible for public funding, clients should weigh the benefits of legal aid through a solicitor versus proceeding without it. Barristers accepting public access work must ensure informed consent when clients opt out of public funding options.

Non-Discrimination Commitment

Barristers cannot refuse a case on discriminatory grounds or due to disagreement with the nature of the case or the client’s beliefs. Acceptance includes provision of a client care letter outlining terms, fees, and complaints process.

Understanding Service Differences

Barristers offer court representation, legal advice, and document drafting. Unlike solicitors, barristers cannot handle client money or conduct litigation unless authorized. Clients must be informed of these limitations.

Eligibility to Deliver Public Access Work

Only barristers who have completed the BSB-approved Public Access training and registration may accept such work. Verification can be done via the BSB’s Barristers’ Register.

Instructing a Barrister

Clients should choose barristers based on relevant legal expertise. Guidance is available through the Direct Access Portal. Sole practitioners may be contacted directly to initiate instructions.

Identity Verification

Barristers are required to verify client identity via appropriate documentation (e.g., passports, utility bills, or incorporation certificates). Records must be retained for 7 years.

Fee Structures

Fees are determined by case complexity and barrister experience. All terms are agreed upon in advance. While fixed fees are preferred, estimates or caps can be negotiated. Conditional fees are rare but possible.

Termination of Engagement

Barristers may withdraw if a case becomes unsuitable for public access or if it’s in the client’s best interest to consult a solicitor. Clients will be supported during this transition where needed.

Concurrent Solicitor Instruction

Clients may instruct barristers alongside solicitors, with mutual consent for communication and information sharing. This allows collaborative handling of complex litigation cases.

Confidentiality and Disclosure

Client communications are protected by legal professional privilege, barring mandatory disclosure to authorities under legal obligations.

Complaints

Complaints should first be addressed to the barrister or chambers directly. Unresolved issues may be escalated to the Legal Ombudsman by phone (0300 555 0333), email (enquiries@legalombudsman.org.uk), or post (PO Box 6806, Wolverhampton, WV1 9WJ).