FAQs

What has changed?

Public Access has not changed what a barrister can and cannot do. We are specialist advisers and advocates and by law have a different role from solicitors. Generally a solicitor would be responsible for handling a client's money or taking responsibility for a client's legal case (the conduct of litigation). Our professional rules prohibit us from undertaking such work.

Public Access means that you or your business take responsibility for the preliminary work normally undertaken by a solicitor or other professional, and allows you to deal directly with a specialist barrister.

What can a barrister do for you under the scheme?

• Give expert legal advice
• Draft documents (e.g. contracts and standard terms of business)
• Draft letters for you to send (although a barrister may not sign or send the letter on your behalf or write on his own notepaper)
• Advise you on the formal steps to take in proceedings
• 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

What are barristers not allowed to do?

• 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
• Handle a client's money

What kind of work falls outside the Public Access scheme?

The Bar Code of Conduct prohibits a barrister from accepting direct instructions in cases involving immigration, asylum or family proceedings. Criminal work, save where proceedings have already started, is also excluded from the scheme.

Can I get public funding?

Public funding is not available for work undertaken by barristers under the Public Access Scheme. We cannot 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.