What happens in the case of public funding (legal aid)?

In each case, before a barrister accepts a direct access instruction, it is a Code of Conduct requirement to: ‘Take such steps as are reasonably necessary to ensure that the client is able to make an informed decision about whether to apply for legal aid or whether to proceed with public access.’

If a client qualifies for legal aid it may be, and often will be, in their best interests to instruct a solicitor on a public funding basis. There may however be some situations where the client will prefer to instruct a barrister on direct access – for example, if their legal aid contributions would be higher than instructing a barrister without a solicitor, or they want to instruct a more senior barrister, such as a QC, than they would be entitled to on legal aid. 

Before accepting an instruction you will want to discuss this matter with the client to ensure that they understand the position regarding legal aid, have made an informed decision and that proceeding on a public access basis will be in their best interests.