Solicitors and professional clients

Two main issues arise in respect of solicitors and other professional clients in relation to direct access work:

a.    acceptance of work where there is already a solicitor or professional client advising the client; and

b.    the recommendation of solicitors to direct access clients.

There is no objection to you accepting instructions from a client where a solicitor is currently instructed in the matter, if the solicitor is aware that the client is doing so. There is no obligation on the solicitor to instruct you directly and, in some cases, solicitors having done the necessary preparatory work will be content for the client then to brief you directly. In such circumstances, however, it is important that you should:

a.    consider whether there is any reason why the solicitor needs to instruct you directly (for example, because the matter is complex or the client cannot properly undertake the litigation component of the case);

b.    be satisfied that the solicitor is aware that the client is instructing you.

If you are satisfied that the client does not require a solicitor's involvement, then you may accept the case.

A more difficult question arises where the solicitor does not know that the client is coming to you for advice. In some cases, the client will be seeking advice on the conduct of the solicitor or for a second opinion. Here, there is no reason why you should not provide advice. You should not inform the solicitor of this without the client's consent. Where a case is litigious it is advisable for you, if the client gives their consent, to liaise with the solicitor as necessary.

It is possible that clients will wish to seek counsel's advice directly in respect of matters for which a public funding certificate is already in existence and where the certificate does not extend to counsel's advice. You should be alert to guard against any breach of the rules against "topping up". Where the client has indicated that they already have a solicitor, you should seek to establish whether or not a certificate is in existence in respect of such work.