Traditional routes

Historically the vast majority of instructions to barristers came from solicitors, working either in law firms, or within the legal departments of larger companies or authorities. In addition, a small percentage of instructions came from professionals in certain specialist fields who were licensed by the Bar Council to instruct counsel direct (the 'licensed access scheme'). Under the latter arrangement, organisations or individuals who have expertise in particular areas of the law may be authorised by the Bar Council to instruct barristers directly, either on their own affairs, or on behalf of their clients. The license can cover advice, or representation, or both.

Access by the Public

In 2004 the Bar Council established a third important route to the Bar in the form of the new Public Access Scheme. This had the effect of removing many of the historic barriers to the instruction of barristers, enabling members of the public to deal with counsel direct, thereby avoiding both the cost and delay which can arise when obliged to communicate through a professional intermediary. The Public Access Scheme has developed and become increasingly popular with lay clients over the years. However, it quite properly remains subject to certain important restrictions:

1. Only barristers who have been registered by the Bar Council as a public access practitioner may accept instructions under this scheme.

2. In carrying out public access work, barristers must comply with the Bar Standards Board Handbook and in particular the Public Access Rules (Rules C119-C131 of the Code of Conduct).

3. Barristers may in any event only accept instructions in such cases where they consider the matter may properly be dealt with by that client without the support or assistance of a solicitor. More information on public access is available from the Bar Council.

Jeremy Phillips

Between 1980 – 2004 Jeremy was a practising solicitor handling a wide range of civil and criminal litigation. He also founded his own successful commercial practice and subsequently led specialist teams in international law firms in which he was an equity partner. As such Jeremy is pre-eminently well qualified to accept Public Access instructions, having an intimate and unusual insight into the role and duties of both solicitor and barrister respectively.

Importantly, this perspective also assists in identifying those particular cases where the involvement of a solicitor will be essential for the successful resolution of the matter.

Fees

As soon as the work required has been identified, a member of the clerks' team in chambers will provide an estimate of the costs likely to be incurred, based on the information available. Relevant factors will include: the extent of documentation to be considered, complexity of any issues of law and fact, and the anticipated duration and location of any hearings involved. Fee arrangements are flexible and will be negotiated with the client. Fixed fees may be agreed for the entire matter, or individual phases. In some instances where the course of an action cannot be anticipated, clients prefer to pay according to time spent on their matter.

Where clients are new to chambers the general policy is to require the agreed fees to be paid in advance of the work being undertaken.

Further information on fees may be found here…
FTB Chambers – Public Access Licencing

For an initial informal discussion on any aspect of a case, please contact Harry Killick or Adam Collins in the first instance.