Direct Access
Members of the public, certain organisations and members of
licensed professional bodies are able to instruct barristers
directly, without the involvement of a solicitor or
intermediary.
The main advantages of the direct access scheme is that it is
cheaper and quicker to instruct a barrister when compared to the
traditional route of first consulting a solicitor who may then
refer the case onto a barrister. Because barristers have lower
overheads than solicitors, their charging rates tend to be lower
than solicitors with equivalent experience.
Barristers can provide legal advice (in writing or at a
face-to-face meeting called a conference), draft documents (such as
letters, statements of case and other documents required for
court), and carry out advocacy before courts and tribunals.
They cannot issue proceedings, litigate or handle clients'
money.
There is no limit to the type of case that a barrister can
handle under direct access. However, it is highly desirable that
only a barrister with the necessary expertise and experience for
your type of case is instructed. Profiles of members of chambers
are available on another part of this website but the best people
to ask for guidance are the Temple Garden Chambers' clerks. A form
is attached (below) that, when completed, will help the clerks to
allocate the case to the most appropriate barrister. Submitting a
completed form does not make you liable to pay anything. You do not
have to pay anything until the barrister has agreed to accept
instructions and you have agreed how much to pay for the work in
question.
Licensed Access
The two previous schemes "Bardirect" and "Direct Professional
Access" have now been changed to "Licensed Access".
Under the Licensed Access scheme organisations with the relevant
experience and expertise (such as various Ombudsmen) and members of
certain professional bodies (such as the Institute of Chartered
Accountants, the Royal Institute of British Architects, the
Institute of Civil Engineers and the Incorporated Society of
Auctioneers and Valuers) are able to instruct a barrister directly
for specialist advice and advocacy without the need for a solicitor
to act.
Many of our barristers deal with professional regulatory matters
as well as professional negligence claims and claims for unpaid
professional fees.
To instruct counsel by way of Licensed access it is necessary
for counsel to be sent a copy of the Licence issued by the Bar
Standards Board.
A full list of licensed organisations and licensed professional
bodies together with the rules and regulations can be found on the
Bar Standard Boards website:
http://www.barstandardsboard.org.uk/regulatory-requirements/the-code-of-conduct/annexes-to-the-code/annexe-f1-licensed-access-and-recognition/
Public Access
Under the public access scheme members of the public can go
directly to a barrister without the involvement of a solicitor or
other intermediary.
In the past, our barristers have represented members of the
public in a wide range of claims such as employment disputes,
personal injury litigation, professional negligence claims (e.g.
against solicitors, doctors or surveyors), disputes about
professional fees and legal costs and disputes arising out of
planning, the conveyancing of land (including boundary disputes)
and where contracts have gone wrong.
Full rules and regulations can be found from the Bar Standard
Boards website:
http://www.barstandardsboard.org.uk/regulatory-requirements/the-code-of-conduct/annexes-to-the-code/annexe-f2-public-access-rules/
Should you wish to instruct counsel directly under either of the
above schemes please complete the attached form and submit.