Public Access
There are two ways in which a member of the public can instruct a barrister. The traditional method is to go to a solicitor, discuss the problem with her, and then choose the appropriate barrister. The solicitor prepares a brief for the barrister in which she sets out the history, attaches the relevant documents and lists the issues.
It will be the solicitor who engages in correspondence with the other side and if legal proceedings are necessary, it is the solicitor who goes on the court record as acting for the client.
Public-access is different. There is no solicitor. The client carries out the role of solicitor, sets out the history, prepares the relevant documents and instructs the barrister directly. The advantage of public access is that it may save the client money. The disadvantage is there is no individual taking a preliminary history from the client, and no person to locate the relevant documents and put them in order.
Public-access is ideal where the client is a company or partnership, well used to dealing with correspondence and keeping a file. It is less good for the unorganized person or someone with health problems.
I have a right to conduct litigation so I can, if legal proceedings are necessary, go on the record as acting for you. This means that all correspondence would come to me and I would liaise with the other side and the court.
If after my initial discussion with the client, I felt that the case was not suitable for public access, I would of course say so.
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provide you with expert advice on your legal status and rights, and advice on the merits and potential outcomes of your case;
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represent you in court, or at a tribunal or a mediation;
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negotiate on your behalf, and accompany you to an investigative interview or hearing where appropriate;
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assist you with drafting correspondence;
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help to draft witness statements;
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draft formal court documents;
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advise you on suitable expert witnesses and draft instructions to them;
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offer you advice on the next steps to be taken in proceedings, and;
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generally assist you in trying to resolve your case.
- do everything your case requires!
The Scheme does not fundamentally change the role of a barrister as a specialist adviser, so there are limits to what we can do for you. We will need to be satisfied that you can undertake certain tasks yourself, albeit with our guidance. In certain cases and situations, we may also feel that it is in your best interests to instruct a solicitor to assist, and we will be happy to recommend suitable options.
Tasks we cannot undertake ourselves include:
- filing documents (such as expert reports, case summaries and witness statements) with a court;
- contacting witnesses and collecting or investigating evidence;
- instructing an expert witness on your behalf;
- pay court or expert fees on your behalf;
- corresponding with the other side and the court on your behalf.
If you feel you would have difficulty in completing such tasks, we will still be happy to recommend a solicitor to you.