How direct access works

What is direct access?

Direct access, sometimes called the "public access scheme", allows members of the public to instruct a barrister directly, without first going through a solicitor. Before this scheme existed, you needed a solicitor to act as an intermediary. Today, for many matters, you can go straight to the specialist.

The main practical benefit is cost. You pay for the barrister only, not for a barrister and a solicitor. The trade-off is that you take on some of the administrative work a solicitor would otherwise have handled, gathering papers, filing documents at court, corresponding with the other side. For straightforward matters this is manageable; for complex ones, a solicitor may still be the better route. The who direct access is for page covers suitability in detail.

What a barrister is allowed to do

Under the direct access scheme, a barrister can:

Why some things are reserved to solicitors

The historic distinction between barristers and solicitors has narrowed over the years, but a few areas remain reserved to solicitors by law. The barrister can draft the document; you, or a solicitor, send it to the court. The barrister can advise on which expert to instruct; you, or a solicitor, formally instruct them. The barrister cannot hold client money in trust, fees are paid to chambers, never to a holding account on your behalf.

None of this is a problem for most direct access cases. Where it becomes an obstacle, your barrister will tell you so at the outset and either recommend a solicitor or suggest a workaround that keeps the matter on a direct access footing.

Does a barrister need special training to take direct instructions?

Yes. Before a barrister can accept direct access work, they must:

• Have completed a public access training course approved by the Bar Standards Board (BSB)
• Have notified the BSB that they offer public access services

A barrister can accept public access work as soon as they have completed this training. Every barrister listed on MyBarrister is qualified to accept direct access instructions.

Step by step, how to instruct a barrister

The process is straightforward. From first contact to work beginning, most direct access instructions complete in a few days.

1. Clarify what you need

   Before you make contact, try to be clear in your own mind about the nature of your problem and what you want the barrister to do. A short written summary helps.

2. Make contact

   Search by area of law or region on MyBarrister, and submit an enquiry through the barrister's profile. Alternatively, call the senior clerk or practice manager at the barrister's chambers and explain that you wish to instruct the barrister directly. If the barrister is a sole practitioner, contact them directly.

3. Explain the work

   The barrister or clerk will ask about the nature of the matter and may ask you to send documents. They may suggest a short initial meeting to assess whether the case is suitable for direct access and how best to proceed.

4. Identity check

   In most cases the barrister is required by law to verify your identity before taking on the work. As an individual, you will need a current passport, national identity card, or photocard driving licence, plus a recent utility bill or bank/building society statement showing your address. Instructing on behalf of a company: a certified copy of the Certificate of Incorporation, the latest accounts filed at Companies House, and evidence that you are authorised to act for the company. The barrister will keep copies of these documents for five years.

5. Agree the fee

   You agree the fee with the barrister or their clerk before any substantive work begins. The fee may be fixed or based on an hourly rate. The fees page explains how barristers charge and the options available to you.

6. Client care letter

   Once the barrister accepts your instructions, they send you a client care letter. This sets out the work to be done, the terms and conditions, the cost, and how to complain if something goes wrong. Read it carefully before returning a signed copy.

7. The work begins

   Your barrister carries out the agreed work, drafting, advising, negotiating, representing you in court, and keeps you informed. If the scope changes, they will discuss it with you before doing additional work.

What you do during the case

If your matter involves court proceedings, you will be a "litigant in person", the court and the other side treat you, for most purposes, as someone acting without legal representation, even though your barrister is advising you. Practical implications:

• Your name appears on the court's records.
• Documents from the court and other parties are sent directly to you (though you can sometimes arrange for them to be copied to someone else).
• You file documents at court yourself, the barrister can draft them, but you submit them.
• You correspond with the court and the other parties (your barrister can draft letters for you to send).

If any of this is going to be difficult, your barrister will tell you up-front and may recommend instructing a solicitor alongside, or instead. The who direct access is for page goes into more detail on suitability.

When the barrister stops acting

A barrister can withdraw from a direct access instruction in a small number of circumstances, chiefly if the case is no longer suitable for direct access or if it is in your interests, or the interests of justice, that you instruct a solicitor. The barrister has a continuing duty throughout the case to assess this and to tell you if their view changes.

If a hearing is imminent and you may struggle to find a solicitor in time, the barrister may still help by drafting an adjournment request, writing to the court to explain that they have withdrawn, and assisting you to find a solicitor.

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Frequently asked questions