Introduction
This page explores hiring direct access barristers for litigants in person.
If you are a litigant in person and have to attend a Court date, or need some ‘expert help’ in your case, it may be worth considering hiring a Direct Access Barrister – also known as Public Access Barristers.
What does a Barrister do?
Firstly, unless in rare cases, a Barrister is not a Solicitor.
Solicitors can litigate on your behalf, can write letters for you, can speak to your opponent’s solicitors, can issue proceedings for you, and can generally undertake administration for you. However, when in Court, solicitors can only advocate (speak on your behalf) in the lower Courts – therefore, unless they are a Solicitor-Advocate, if your matter is heard in the higher courts, you will need a Barrister to advocate for you.
Barristers cannot litigate on your behalf. Their ‘main purpose’ is advisory and advocacy. For example, they can draft a letter for you, but they can’t send it to your opponent or their solicotors. They can advise you on Applications, but they can’t make them for you. They can (and will tend to) draft Pleadings but they can’t serve them.
What Barristers tend to be exceptional at is (a) advocacy in Court, and (b) knowing case law. Both of these things are critical if your matter is going to Court and be heard in front of a Judge.
Are all Barristers Direct Access?
In short, no. Under the Direct Access scheme, Barristers have to sit an additional course for being Direct Access. Historically, solicitors instructed Barristers, with the Solicitor acting as a sort of middleman.
I guess the best way to think about this is that Barristers speak Barrister and Solicitors can understand Barrister – where as Barrister may need to be converted to plain English or layman’s terms to deal with a non-Solicitor.
Potentially, this is a rather antiquated view to have of the relationship between Barristers and ‘laymen’ – and like many things in the legal system, it probably is due for reform. But currently, a Barrister isn’t Direct Access qualified unless they done the extra course.
There are (in my experience) very few Kings Counsel (more senior) Barristers who are Direct Access. But through natural evolution, as younger Barristers become KC’s, this is likely to change.
What are the Advantages of a Direct Access Barrister?
Hiring a direct access barristers for litigants in person can be invaluable.
One of the main advantages of hiring a Direct Access Barrister is that they will be specialists in their field. It’s often the case that firms of solicitors will have ‘departments’ such as “Dispute Resolution”; but this can be a wide-ranging field from land disputes, to data protection, to defamation, to contract disputes.
Barristers tend to be very specialist in one field, and therefore their advice will tend to come from direct experience of literally arguing the matters in Court day after day. Where as a solicitor may have such a wide-ranging series of case work, they are unlikely to know case law of one particular or specialist field the way a Barrister does.
If your matter is going to a Court and a solicitor can’t advocate for you, then hiring a solicitor and barrister is effectively paying twice. There are clear costs savings to be had hiring a Barrister directly.
What are the Disadvantages of a Direct Access Barrister?
There are two (in my view) disadvantages of hiring a Direct Access Barrister:
Firstly, the Barrister cannot litigate for you. So when it comes to collating documents, producing bundles, writing letters, and doing the ‘leg work’ – you will need to do this yourself. If you are logical and organised, then it’s no problem. But if organising hundreds of documents and creating bundles sounds like hell – you may want to think about hiring a solicitor!
Secondly, because solicitors deal with Courts on a daily basis, they know the ‘inroads’ and ‘workarounds’ and may able to get things done easier. This is often an area a Barrister won’t have direct experience with. That’s not to say it’s an unfair advantage a solicitor has – but like any professional, there will always be ‘tricks of the trade’.
None of these, in my view, are reasons not to hire a Direct Access Barrister – but they are points worth thinking about.
How are Direct Access Barristers paid?
Unlike solicitors (who charge per hour), direct access barristers for litigants in person will generally charge a fixed fee for their services. If the scope changes, they will ask for a ‘refresher’, which is an increased fee for the amount of work they are doing.
Barristers will have a daily or hourly rate, from which a Fee is calculated – but this is usually agreed in advance. This is different to a solicitor where you ‘leave the engine running’ and if you’re not careful could end up quickly with an empty petrol tank!
How do you find Direct Access Barrister?
Generally most Chambers (what Barristers call their offices), will have some who are Direct Access qualified. So it’s worth looking at specialist Chambers and asking their Clerks if they have people Direct Access qualified in your desired field.
Otherwise, the Direct Access Portal is probably the best way of finding a Direct Access Barrister, as it is linked to the Bar Council website – the Bar Council regulate Barristers in the UK.
Conclusion
In my view, Direct Access Barristers are an absolutely excellent option for a Litigant in Person to consider.
It’s a great way to get professional specialist legal advice and/or advocacy, with an agreed fee in advance, without paying for ‘middlemen’ in the form of solicitors.
However, if you want Kings Counsel to act for you, you may struggle to find someone Direct Access.
Additionally, if you do go down the Direct Access route, you need to be a very good administrator and very organised!