Who direct access is for
Direct access suits many cases, but not all. This guide covers when a barrister alone is enough, when you need a solicitor too, and what happens if you qualify for legal aid.
Is your case suitable for direct access?
Direct access is available for almost all the work that barristers can do, with one important exception, work funded by legal aid (see public funding below). It tends to suit cases that are reasonably straightforward and where you are comfortable handling some administrative tasks yourself.
It is less likely to suit cases that are highly complex, that involve children, or where you would struggle to handle court paperwork and correspondence without help. If you are unsure, contact a barrister or their clerk for an initial view, they will tell you honestly whether direct access fits, and recommend a solicitor if it does not.
When direct access usually works well
Direct access tends to suit:
Direct access works well for
- Business matters where you or your in-house team can handle administration: commercial disputes, employment issues, contract questions, property and landlord matters, tax, regulatory advice.
- Personal matters of moderate complexity: employment claims, landlord and tenant disputes, professional negligence, immigration appeals, motoring offences, wills and probate questions, small claims.
- One-off advice, getting a specialist opinion on the strength of a case or on a specific legal question.
- Court representation at hearings where the paperwork is straightforward or already in hand.
- Drafting of wills, contracts, statements of case, witness statements, and correspondence.
You probably need a solicitor if
- You cannot handle the administration. A barrister cannot file documents at court for you or correspond with the other side on your behalf.
- Your case involves children. Direct access is generally inappropriate for most family law disputes about residence, contact, or care proceedings.
- You qualify for legal aid. Barristers can only do legal aid work if instructed by a solicitor.
- The case is very complex. Multi-party litigation, large-scale fraud, or extensive judicial review typically need a solicitor's case management.
- Your barrister advises it. They have a continuing duty to consider whether you would be better served by a solicitor.
When you probably need a solicitor too, or instead
If your case is on the borderline, the safest approach is a short initial conversation with the barrister to assess fit. They will be candid, the Bar Standards Board's Code of Conduct requires them to decline an instruction if direct access is not suitable.
If your case is clearly outside the direct access remit, the barrister can often still help. They can refer you to a solicitor they work with regularly, or they can advise on the strength of your matter so you arrive at the solicitor's office with a clear plan. Many solicitors also instruct barristers from MyBarrister at later stages of a case.
Barrister or solicitor, what's the difference?
The roles have converged in recent years, but the core distinction holds.
In a direct access case, you take on the case-management role yourself with the barrister advising you. For straightforward matters that works well. For complex or paperwork-heavy matters, a solicitor's involvement is often worth the additional cost.
Public funding (legal aid)
If you may qualify for legal aid
Approach a solicitor first. Barristers cannot do legal aid work unless they are instructed by a solicitor.
You can check whether your case is eligible and use the civil legal aid calculator on the government's website at gov.uk/legal-aid. The Civil Legal Advice helpline can also help if your matter falls within scope.
Even if you qualify for legal aid, you may decide to instruct a barrister directly anyway, for instance, if you want to move faster than legal aid funding allows, or if you want a specific specialist. If you do, the barrister has a professional duty to ensure you fully understand the implications and the likely costs of paying privately rather than using legal aid. The barrister will usually ask you to confirm in writing that you have understood and made an informed decision.
It is also worth checking whether your legal fees might be covered by:
- A legal expenses insurance policy (often included in home or motor insurance)
- A trade union or professional association
- An employer (in some employment-related matters)
- A third party (a parent, partner, business associate, or insurer)
Not sure if direct access fits?
Submit a no-charge enquiry and a specialist barrister will tell you honestly whether your case suits direct access.
Find a barrister Call 020 3771 9301Can a barrister refuse to take my case?
Yes, in some circumstances. A barrister can decline to act if they consider the case unsuitable for direct access, if they do not have capacity or relevant expertise, or if there is a conflict of interest.
A barrister cannot refuse on the grounds of: race, colour, ethnic or national origin, nationality, citizenship, sex, gender re-assignment, sexual orientation, marital or civil partnership status, disability, age, religion or belief, or pregnancy and maternity. For advocacy work, a barrister cannot refuse on the grounds that the nature of the case is objectionable to them or that the client's conduct, opinions, or beliefs are unacceptable. This is the "cab-rank rule", a long-standing principle that ensures access to representation regardless of the unpopularity of the case or the client.
What if my case turns out not to suit direct access?
A barrister has an ongoing duty to assess suitability throughout the case, not just at the start. If they form the view that you would be better served by instructing a solicitor, perhaps because the litigation has become more complex than expected, or because procedural deadlines are looming, they must tell you and may have to stop acting on a direct access basis.
If a hearing is imminent and you may struggle to find a solicitor in time, the barrister can still help by drafting an adjournment request, writing to the court to explain the position, and helping you find a solicitor.
Still not sure?
Frequently asked questions
Is my case suitable for direct access?
Direct access is available for almost all work that barristers can do, except work funded by legal aid. It suits reasonably straightforward cases where you can handle administrative tasks such as gathering papers and filing documents at court. It is generally inappropriate for cases involving children or for highly complex litigation. If unsure, ask a barrister for an initial view.
What is the difference between a barrister and a solicitor?
Barristers specialise in expert legal advice, advocacy in court, and drafting documents. Solicitors typically manage cases end-to-end, handle court paperwork, hold client money, and instruct barristers when specialist advice is needed. In a direct access case, you take on the case-management role with the barrister advising you.
Can I use a barrister if I qualify for legal aid?
Not directly. Barristers can only do legal aid work if they have been instructed by a solicitor. If you may qualify, approach a solicitor first. You can use the legal aid calculator at gov.uk/legal-aid. You may still choose to instruct a barrister privately if you prefer, but the barrister will ensure you understand the cost implications.
Will my home or motor insurance cover my legal fees?
It might. Many household and motor insurance policies include legal expenses cover. Check the policy schedule, or ask your insurer. Trade unions and professional associations also frequently cover legal costs for members.
Can a barrister refuse to take my case?
Yes, in some circumstances, for instance, if the case is unsuitable for direct access, if they lack capacity or relevant expertise, or if there is a conflict of interest. A barrister cannot refuse on grounds such as race, sex, sexual orientation, disability, age, religion, or pregnancy. For advocacy work, the cab-rank rule prevents refusal on the grounds that the case or the client is objectionable.
What if my case becomes more complex than expected?
The barrister has a continuing duty to consider whether direct access remains suitable. If it stops being suitable, they will tell you and may have to stop acting. They can still help you transition to a solicitor, for example, by drafting an adjournment request or writing to the court, even after withdrawing.
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