Direct Access

In many cases, it is possible to instruct a barrister directly without first instructing a solicitor.

This is known as the Public Access scheme.

Instructions are accepted directly from members of the public and businesses throughout England and Wales, subject to suitability and regulatory requirements.

Clear advice will be provided at the outset as to whether direct instruction is appropriate in a particular case.

What Is Direct Access?

Under the Public Access scheme, a client may instruct a qualified barrister directly. This can include:

• Legal advice
• Drafting documents
• Representation at court hearings
• Written opinions
• Negotiation and settlement discussions

Direct Access can be suitable where a client wishes to engage specialist advocacy without involving a separate solicitor.

Can a Barrister Conduct Litigation?

In certain circumstances, a barrister who is authorised to conduct litigation may:

• Issue court proceedings
• Manage procedural steps
• Correspond with the court and other parties
• Prepare and file documents

Whether litigation can be conducted without a solicitor will depend on:

• The complexity of the case
• The volume of documentation
• The nature of the dispute
• Court procedural requirements

Clear guidance will be provided at the outset.

In complex matters involving extensive disclosure, multi-party litigation or significant administrative management, additional solicitor involvement may be advisable.

When Is Direct Access Suitable?

Direct Access may be appropriate where:

• The issues are clearly defined
• The client is able to manage aspects of the case administration
• The matter requires focused legal advice or advocacy
• A hearing is approaching
• Cost efficiency is a priority

It may be less suitable in cases involving complex procedural management or large volumes of documentation.

Advantages of Direct Access

Direct instruction of a barrister may offer:

• Direct communication with counsel
• Specialist advocacy from the outset
• Potential cost efficiency
• Strategic legal input at an early stage

Each case is assessed individually.

Family Law Direct Access

In family proceedings in England and Wales, direct access is frequently suitable, including:

• Children Act applications
• Financial remedy proceedings
• Enforcement applications

Where authorised to conduct litigation, it may be possible to manage proceedings without separate solicitor involvement, depending on complexity.

Civil & Commercial Direct Access

In civil and commercial disputes, direct access may be suitable for:

• Breach of contract claims
• Property disputes
• Partnership and shareholder disputes
• Injunction applications
• Debt recovery

Where litigation is required, suitability will be assessed carefully at the outset.

The Process

If you wish to instruct a barrister directly:

1. Initial contact is made to outline the issue.
2. Suitability for direct access is assessed.
3. A clear explanation of scope and fees is provided.
4. Formal instructions are accepted where appropriate.

Transparency and clarity are central to the process.

Acting Throughout England & Wales

Direct access instructions are accepted from clients throughout England and Wales.

Remote conferences and digital document exchange enable nationwide representation.

Frequently Asked Questions

Do I always need a solicitor?

No. In many cases, a barrister may be instructed directly. However, in complex matters, additional solicitor involvement may be advisable.

Is Direct Access cheaper?

It can be more cost-efficient in certain cases because it may remove an additional layer of representation. Suitability depends on the nature of the dispute.

Can a barrister issue court proceedings?

Where authorised to conduct litigation, a barrister may be able to issue and manage proceedings without separate solicitor involvement.

Will I deal directly with the barrister?

Yes. Under the Public Access scheme, clients communicate directly with counsel.