If you have a legal problem in England or Wales, one of the first questions you may face is who to ask for help. For many years the usual route was to instruct a solicitor, who would then bring in a barrister if specialist advocacy or advice was needed. That is no longer the only option. Through Direct Access, also known as Public Access, you can instruct a barrister directly, without going through a solicitor first.
This article explains the difference between the two roles, when each tends to suit a matter, and how to decide which route is right for you.
What a solicitor does
Solicitors are often the first point of contact for legal matters. They tend to handle the day to day running of a case from start to finish. That can include gathering documents, corresponding with the other side, managing deadlines, holding money in a client account, and instructing other professionals such as barristers or experts where needed.
Solicitors are well suited to matters that involve a lot of administration, ongoing case management over many months, or steps that require holding client funds. If your matter is likely to involve heavy paperwork and continuous handling, a solicitor may be the more practical choice.
What a barrister does
Barristers are specialists in advocacy, that is presenting cases in court, and in giving focused legal advice on particular issues. Many spend their careers concentrating on a defined area of law, so they can offer deep knowledge of how a specific type of case works and how it is likely to be viewed by a court.
A barrister can typically help you to:
- Advise on the strengths and weaknesses of your case.
- Draft court documents and other formal paperwork.
- Advise on tactics and the likely outcome.
- Represent you at a hearing or trial.
- Help you prepare to present your own case where that is appropriate.
Under the Direct Access scheme you can instruct a barrister for these tasks yourself. Barristers who offer this service have completed the Bar Standards Board’s approved public access training. All barristers are regulated by the Bar Standards Board (BSB).
When Direct Access tends to work well
Direct Access often suits matters where you mainly need specialist advice or representation rather than full case management. For example, you might want an expert opinion on whether you have a good claim, help drafting a particular document, or representation at a specific hearing.
It can also be a sensible route when you are able and willing to handle some of the practical steps yourself, such as keeping your own papers in order and dealing with routine correspondence. A barrister can guide you on what needs doing while focusing their own time on the specialist work.
Because there is no solicitor involved for suitable work, Direct Access can be more cost-effective. There is no second set of fees for work that you do not need.
When a solicitor may be the better route
Some matters are better suited to a solicitor, or to a solicitor and barrister working together. A barrister offering Direct Access will tell you honestly if they think your case falls into this category, and may decline the work or suggest you involve a solicitor.
This can happen where a case involves a great deal of investigation or document gathering, where large amounts of money need to be held on your behalf, or where the matter is so complex that continuous day to day management is required. In these situations the support a solicitor provides can be essential to running the case properly.
How to decide
A useful starting point is to ask yourself what you actually need. If you are looking for a clear expert view on your position, help with a specific document, or representation at a hearing, Direct Access to a barrister may be ideal. If you need someone to manage the whole matter and take on the administrative burden, a solicitor may serve you better.
You do not have to work this out alone. When you approach a Direct Access barrister, part of their job is to assess whether the work is suitable for the scheme and to explain the options. If it is not suitable, they should say so and point you in the right direction.
Choosing between a barrister and a solicitor is not about which is better in general, but about which fits your particular matter. For focused, specialist work, instructing a barrister directly can be a straightforward and proportionate choice. For matters needing full management, a solicitor or a combination of the two may be more appropriate. This article is general information and not legal advice for your situation.
This article is general information about the law in England and Wales, not legal advice on your individual circumstances. For advice on your matter, instruct a barrister. Barristers are regulated by the Bar Standards Board (BSB).