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Frequently Asked Questions

If you think you might want to contact us to discuss your situation, here are some of the common questions you might be considering:

 

What sort of work will my barrister do for me?

Under the Direct Public Access Rules there is a range of work that Barristers may carry out, as well as some things they are not allowed to do.

Barristers can advise on the law, draft documents for clients to use, and represent their clients before courts and tribunals.

Barristers do not handle client money or undertake the administrative management of a case proceeding through a court (i.e. they cannot conduct litigation).

Will my barrister deal with all the correspondence, like a solicitor would?

  • Your barrister can: draft letters on your behalf.
  • Your barrister cannot: send letters to other parties or the court for you. It will be your responsibility to engage in all correspondence, not the Barrister.

 

Will my barrister represent me if the case goes to Court or Tribunal?

Your barrister can appear on your behalf to argue your case at court.

 

Will my barrister deal with witness statements for me, and undertake investigation?

If a witness statement is needed from you (or a witness), your barrister can review a draft statement you have prepared and finalise it as a statement. Your barrister cannot interview a witness on your behalf or prepare their statement. You will have to do this. Your barrister cannot undertake any investigations or enquiries on your behalf. Any investigations and enquiries will be your responsibility.

 

Will my barrister deal with any expert evidence that might be needed?

Your barrister can advise you on the need for expert evidence and on the choice of a suitable expert.

Your barrister may not instruct an expert on your behalf. The responsibility for instructing the expert (whether of your own choice or as recommended by your barrister) will be yours.

 

What will I have to do?

You will be responsible for:

  • Choosing the barrister you would prefer to work with.
  • Gathering evidence to support your case.
  • Drafting witness statements (whether your own or other people’s).
    Managing all the correspondence and administration relating to your case, including with the Court.

 

How much will it cost?

Every case is different so we ask you to contact the Clerks for a no obligation indication of likely fees.

Wherever possible we will try and agree a fixed fee for the work required. Any fees quoted are dependent on the experience of the Barrister, the nature of the case, the volume of case papers and the time involved in preparation and representation.

 

Can I get Legal Aid?

Unfortunately the current rules prohibit Barristers from accepting instructions where the client is funded by Legal Aid, unless it is through a Solicitor. If you’re eligible for Legal Aid (find out about Legal Aid here), we can recommend suitable solicitors.

 

How can I find our whether Direct2Barrister can take my case?

First, contact the Clerking Team. Following a brief discussion, if they think your case is eligible, they will email you a referral form to complete.

You’ll need to provide all relevant case information detailing the nature of your case, any court dates, time deadlines and a chronology of events.

The Clerking Team will forward your completed form to your preferred barrister, who will consider whether your case is suitable for Direct Access and advise on their availability.

 

What happens if you take my case through Direct2 Barrister?

Once your case has been accepted by your barrister, the Clerks will advise what documentation he/she requires.

Usually, an initial case conference is arranged and you will be quoted a fee for this (and if possible you will be given an indication of other likely fees).

If you are happy to proceed on these terms, the Clerks will send you a client care letter. This letter will form the contract between you and the Barrister and contains the terms and conditions.

Once you have signed and returned the client care letter we will be able to proceed on your case. As your case proceeds you will receive a further letter of agreement before any subsequent work is undertaken. All correspondence between you, your barrister and the Clerks will be recorded and securely stored.

 

Choosing a Barrister

To discuss your needs, or find out about the availability of a particular Barrister, contact the Clerks.