Clarendon Chambers: Public Access
Introduction |How to Instruct a Public Access Barrister | FAQ
What are barristers?
Barristers are lawyers. They are members of the Bar of England and Wales and are a profession of elite legal specialists providing advocacy and advisory services. Barristers provide legal advice, draft legal documents and appear as specialist advocates before courts and tribunals. Barristers automatically hold rights of audience in every type of Court and Tribunal in England and Wales, from the Magistrates Court to the Supreme Court (previously the House of Lords). The work of barristers has traditionally come from solicitors who instruct or refer work to barristers on behalf of their clients (their client being you). Solicitors usually instruct barristers in circumstances where the need for specialist advice or advocacy is required. A change in the law meant that from July 2004, barristers are able to accept instructions direct from members of the public as individuals, businesses and companies. This is without the need for the client to have to go to a solicitor first. You can be advised and guided through the legal process by the barrister rather than by a solicitor, and/or solicitor and barrister.
How to Instruct a Public Access Barrister
Your first step should be to contact our senior clerk, Russell Burton. He can be contacted on 020 7632 7100 or by email to russellburton@clarendonchambers.com He will tell you if your legal issue can be accepted by Public Access, and if it can be, he will advise you as to the most suitable barrister at Clarendon Chambers for your case and will arrange an Appraisal Meeting with the barrister in chambers. You may be asked to send certain information to chambers prior to the Appraisal Meeting, which will assist the barrister in considering your case. At the Appraisal Meeting the barrister will discuss your legal issue with you and whether it can be effectively resolved by using the Public Access scheme. If, at any time, it becomes apparent to the barrister that it is more appropriate for you to use the services of a solicitor first then we will tell you. We are happy to recommend a solicitor to help you.
Where is chambers – where do I have to attend for the Appraisal Meeting?
Clarendon Chambers has offices in London and in Northampton. Appraisal Meetings can take place at either office, whichever is most convenient for you. Contact Page
How much does the Appraisal Meeting cost?
Nothing. The Appraisal Meeting is limited to 45 minutes and there is no charge for this, not even if you decide not to use the services of the barrister.
I agree to instruct the barrister – what happens then?
Once a barrister at Clarendon Chambers agrees to undertake work for you under the Public Access scheme there are a number of administrative steps that must be completed before any work can be done. The most important step is to provide you with a contract, which will set out the work that will be carried out and the cost of that work. This contract, known as a "client care letter", will state: • The work that will be undertaken • The charges for that work • The terms on which the work will be carried out • Payment of our fee will be required in advance, and before any work is started on your matter Another administrative step, which is required as a matter of law, is to undertake an Identity check of all clients for whom we act under the auspices of the Public Access scheme. When you attend the Appraisal Meeting, you will need to bring the following documents with you: (i) your original passport or driver's license with photograph (ii) proof of address such as a recent utility bill or council tax bill We are obliged by law to take copies of these and we will then give you the original documents back immediately.
How much will it cost me?
Our usual practice is to charge for advisory and drafting work on an hourly basis. The hourly rate applicable to your case will depend upon the level of experience of the barrister you have chosen, the complexity of your case and the amount of work involved. Typically, the hourly charge for our barristers is between £100 - £250 plus VAT. We charge a fixed rate for any advocacy work and we will agree that fee with you in advance of any attendance. Our clerk will tell you the level of fee to be charged and he will explain to you the basis on which that fee will be charged. We do not have "hidden charges." The fee that we state at the outset will be the fee that you pay. The only exception to this would be where you provide further documentation, evidence or information after the fee has already been agreed, that is relevant to the work in hand, and which therefore means that more hours will be required to complete the work than was assessed before this further documentation, evidence or information was made available to the barrister. In such circumstances, all work will stop and a new fee will be agreed and a new contract will be issued for completion by you before work can commence. After the agreed work has been completed, we will advise you if your case requires further work. If you want the barrister to do additional work on your behalf, and he or she is prepared to undertake it, then a new contract will be necessary.
Frequently Asked Questions
What are the benefits of Public Access?
There are many benefits. For a start, you only pay one legal advisor rather than two, and since barristers have lower operating costs than a firm of solicitors, you are likely to pay substantially less overall than retaining the solicitor alone and more than substantially less than instructing both. Barristers hourly rates in comparison to a solicitor of equivalent seniority can be significantly less. This is attributed to lower overheads and the different way in which barristers work and are organized. You get direct access to specialist legal advisors and advocates, at a time of your choice - not just when a problem gets to court and the solicitor then decides to bring in a barrister. We will tell you in advance the basis on which the work will be charged for and the cost of our fees for each piece of work to be completed, whether drafting an advice or appearing for you in court or tribunal. The barrister you instruct is the person who carries out your work. Your work is not passed down the line to a trainee to deal with as can be the case in a firm of solicitors. If it is, or should become apparent that you do require the services of a solicitor, we will tell you and are happy to recommend a solicitor to help you. Barristers and their clerks provide an incredibly flexible and timely service to clients. The senior clerk can be contacted out of normal working hours and we are used to reacting quickly to situations and providing advice and representation urgently.
What can a barrister do for you under the Public Access scheme?
Barristers can deliver an extremely wide and versatile range of expertise. We can:
• Give expert legal advice
• Draft letters for you to send (although a barrister may not sign or send the letter on your behalf or write on his own chambers notepaper), but you can include in your letter the fact that you are being advised by a barrister and include his name and his Chambers.)
• Advise you on the formal steps to take in proceedings
• Drafting second opinions where solicitors (and barristers) have already been retained
• Draft formal court documents (e.g. statements of claim, defences etc) for use in those proceedings
• Prepare statements for litigants and witnesses from information supplied
• Advise on the choice of an expert witness if required and draft a letter of instruction to that expert to be sent by you
• Represent you as your specialist advocate before Courts and Tribunals including Employment claims, Special Educational Needs and Disability Discrimination claims, and all other tribunals or formal hearings at which you are entitled to be represented
What areas of law can we help you with?
At Clarendon Chambers we can assist you in a wide range of legal matters, for example:
• Business disputes
• Alternative dispute resolution (domestic and abroad)
• Construction industry, contracts and disputes
• Property and Landlord and Tenant
• Employment or discrimination
• Debt claims
• Partnership disputes
• Personal Injury
• Education including Special Educational Needs
• Bankruptcy proceedings
• Estate planning, Wills and Probate What are barristers not allowed to do under the Public Access scheme? Barristers cannot:
• Issue proceedings on your behalf or take other formal steps in proceedings
• Investigate or collect evidence for use in proceedings
• Instruct an expert witness on your behalf
• Take responsibility for the general management of a client's case or business affairs
• Receive monies for anyone other than himself
Are there any areas of law in which I cannot instruct a barrister directly?
Yes. The Bar Code of Conduct prohibits a barrister from accepting direct instructions in cases involving Criminal law and immigration law under the Public Access scheme. You can however instruct a barrister for advisory work in family law matters provided the court proceedings have not already been issued (i.e. not already started) so pre-issue work only. If you are unsure if your legal issue is likely to be suitable for Public Access then contact our senior clerk, Russell Burton on 020 7632 7100 or by email russellburton@clarendonchambers.com
Can I get public funding (legal aid) for Public Access work?
No. Public funding is not available for work undertaken by barristers under the Public Access scheme. We are not permitted to advise you on your eligibility for public funding. Nor can we apply to the Legal Services Commission for funding on your behalf. If you think that you qualify, or may qualify for public funding you should approach a solicitor. Email Russell Burton
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