Direct Access
In certain circumstances barristers at Francis Taylor Building may accept instructions without the involvement of an instructing legal professional. There can be advantages of this route including: lower legal costs, efficient case management, or avoiding duplication of work by other professionals on a case. Having the immediate access to expertise, the scheme allows you instant direct access to the top professionals in the field from the start of case, ensuring you get the best possible advice from the outset. Direct access breaks down into two routes - Licensed Access and Public Access.
Licensed Access (previously know as "BarDIRECT" and "Direct Professional Access") allows non-legal professionals and organizations to instruct barristers by way of a license granted by the Bar Standards Board. The license can cover advice and representation and can permit licensees to instruct barristers either on their own affairs or on behalf of their clients.
The professional organisations that fall within the scope of the Bar’s Licensed Access scheme includes the Royal Town Planning Institute and the Royal Institute of British Architects. The full list can be found here.
Further details can be found at the Licensed Access section of the Bar Council website. The Bar Council's Licensed Access Terms of Work can be found here.
In certain cases members of the public may instruct a barrister without having to involve an instructing solicitor or other intermediary. The Bar Standards Board has published guidance on public access which you should read to understand more about (1) what public access is, (2) how your barrister can (and cannot) help you, and (3) what will be expected of you when instructing a barrister on a direct access basis, see here.
The main advantage of the public access scheme is that it could potentially save you money whilst giving you access to the Bar, since you would be paying for a barrister only instead of a barrister and solicitor. Indicative fees for public access licensing work can be found here.
It is important to understand that barristers acting under the public access scheme may not be able to provide the full legal services which your case requires. In particular, whilst barristers can advise you on the prospects of success of your case, they are not permitted to commence proceedings on your behalf. This is explained in the Guidance in paragraphs 19 and 20 (see here)
In addition, there may be deadlines which apply to your case which may not be capable of extension. In particular, challenges to planning decisions generally need to be made within six weeks (although your barrister will be able to advise you on the relevant deadlines).
General information about the Public Access scheme can be found on the Bar Standards Board public access guidance for lay clients.
Please contact our clerks on 020 7353 8415 to discuss the right route for you.
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