Frequently Asked Questions
What is ‘direct access’? (also referred to as ’public access’)?
‘Direct access’, also referred to as ‘public access’, means that members of the public can instruct barristers directly for legal advice and representation without having to go through a solicitor or another intermediary professional first.
What do barristers do?
A barrister provides specialist legal advice and represents individual people and organisations in Courts and tribunals and through written legal advice. In the past, before ‘direct access’, barristers in England & Wales were only hired by Solicitors to represent a case in Court and became involved once advocacy before a Court was needed. This is still the case, but now, in addition, barristers who provide ‘direct access’ support can be directly engaged by a member of the public for legal advice or representation. Barristers usually specialise in particular areas of law such as criminal law, chancery law (estates and trusts), commercial law, entertainment law, sports law and common law; which includes family law and divorce, housing and personal injury law.
What services can a ‘direct access’ barrister offer me?
Barristers offering the ‘ direct access’ route can advise you, in a face-to-face meeting, by telephone or in writing, about your case or your legal rights. They can also draft documents for you, such as letters, court forms or other legal documents, and can represent you in court or in any other tribunal, disciplinary hearing or arbitration/mediation appointment.
Barristers offering ‘direct access’ can also recommend relevant experts and prepare instructions to expert witnesses.
What does the ‘direct access’ scheme prevent barristers from carrying out on my behalf?
Direct access barristers do not conduct litigation, meaning you need to gather evidence and other documents yourself, and file documents at court and sign letters. Direct access barristers can advise you on these steps however, and draft documents for you to sign and lodge with the court.
The ‘direct access’ scheme doesn’t allow barrister to:
* issue court documents;
* contact witnesses or collect and investigate evidence;
* instruct an expert witness;
* handle your money;
* correspond with the other party to a dispute.
However, paralegals at PX Barristers can carry out any or all of these services on your behalf, and we will work closely with your appointed barrister to ensure every aspect of your case is delivered to perfection and on time.
Do I need to instruct a solicitor as well as a barrister?
No. ‘direct access’ means you can instruct barristers directly for legal advice and representation without having to go through a solicitor or another intermediary professional first.
What are the benefits of using the ‘direct access’ scheme and going directly to a barrister?
The ‘direct access’ scheme means you benefit from cost and time savings by dealing with a barrister directly rather than through an intermediary. You can also get advice from an expert barrister directly, which is particularly important if your case is urgent.
What does it cost to get legal support from a barrister?
Most ‘direct access’ barristers work on a fixed-fee basis, and their hourly rates are reduced to what they charge in non-direct access work. Therefore, you benefit from expertise – at a reduced cost.
Do I have to be super-organised in order to use the ‘direct access’ scheme?
The ‘direct access’ route is best suited to clients who are prepared to carry out the administrative preparation for a case themselves. However, PX Barristers has been created specifically to help those clients who are keen to go down the ‘direct access’ route, yet don’t want to carry out the time-consuming and often challenging tasks themselves. Our paralegals will manage all these tasks for you!
I understand that a ‘direct access’ barrister will require quite a lot of my own personal input into the case. What will this entail?
Remember, barristers work differently to solicitors and they work in different ways. Barristers will expect to receive from you the paperwork in a good order and on time to enable them to prepare the case and are not available to provide day-to-day advice and information on the state of the case. It will be your job to ‘conduct’ your case. But don’t be daunted by this – as this is exactly what PX Barristers exist to do. Our paralegals can carry out the elements assigned to you, very cost-effectively to the traditional route of appointing a solicitor for these tasks.
I do not have the time nor inclination to carry out the admin tasks which will be required of me if I opt for the direct access route. Is there any help available to me?
Yes, indeed. This is exactly why PX Barristers was created. We recognise the enormous benefits the ‘direct access’ scheme can offer consumers with legal matters, yet to make the scheme even more attractive to consumers, you need access to cost-effective and expert support on those areas the scheme demands of you.
What legal matters can be dealt with by ‘direct access’ barristers?
Barristers usually specialise in particular areas of law such as criminal law, chancery law (estates and trusts), commercial law, entertainment law, sports law and common law; which includes family law and divorce, housing and personal injury law.
How do barristers charge for their work? Do I have to pay them up front?
The barrister should discuss with you the terms of payment but if not you can always ask for more information. There a few ways that barristers charge for work: a fixed fee where the barrister will work out how much work will need to be done and what the cost will be. An hourly rate where the barrister total up the number of hours work they have done and then give a total cost. A conditional fee arrangement where if you win you will not have to pay for barrister costs. Also, there are payment plans offered by Legal Cost Finance where legal costs can be paid on a monthly basis therefore you do not need to be a lap sum all in one go.
How can I find a barrister that’s right for me?
We will discuss with you particulars of your legal issue and then consult our panel of lawyers. Our panel contains lawyers from all areas of law and therefore we will be able to match up the most suitable lawyer to your needs.
How do you ensure the barristers you recommend are genuine and excellent at what they do?
We have a panel of expert lawyers that cover all sectors of the law and the reason they are on the panel is because they have an impressive case history.
What is a ‘paralegal’?
A paralegal is someone who is qualified to perform legal work due to their training and education. However, the are not qualified to act as a solicitor or a barrister.
Who regulates barristers?
The Bar Standards Board is responsible for regulating barristers. The BSB sets the regulations that barristers are expected to adhere to and if they do not they have the power to take action.
What if something goes wrong with my barrister?
If something is going wrong with your barrister you can change barristers, but this can infer an extra cost. Alternatively you can register a complaint.
What is The Bar?
The Bar of England and Wales is a unique legal profession of specialist advocates and advisers. The Bar represents what the legal profession is as a whole.
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