what's public access
'Public Access' enables members of the public and businesses to instruct a barrister directly to provide legal advice or representation in court.
Rather than having to instruct a solicitor to appoint a barrister for you, Public Access allows the public or businesses to contract with (instruct) a barrister directly. A solicitor is not involved at any stage. The barrister will accept your instructions to provide legal advice or to represent you in court. You can then be advised and guided through the whole legal procedure by the barrister rather than by a solicitor.
The benefits of using this scheme can potentially be considerable. In an industry wide report by the University of Westminster School of Law in June 2009, Public Access clients interviewed described its benefits:
• “great value for money”
• “fast”
• “good to deal with the main person on the case”
• “respect for budgets”
• “very knowledgeable”
• “thoroughness and attention to detail”
• “good communication” click here for more information.
The Public Access scheme has been introduced as part of the drive to open up the legal system to the public. It is part of a wider scheme to make it easier and cheaper for the general public to access legal advice.
What do barristers do?
Barristers provide expert legal advice and are specialist advocates. They draft legal documents for clients, both general legal documents (e.g. wills or contracts) and litigation documents (e.g. Claim Forms, Particulars of Claim and Defences), provide legal advice where there is a legal dispute (e.g. chances of success) and advise and represent clients in court.
Whether the matter involves litigation or the drafting of legal documents, there are a number of things a barrister is not able to do. These rules and limitations apply to barristers in general, not just Public Access barristers. For more information click here.
What are the benefits of Public Access?
The potential benefits of Public Access are very significant:
(1) It is designed so that you can get legal advice from a barrister without ever having to employ a solicitor. This means that you only have to pay for one legal advisor rather than two, potentially producing significant costs savings;
(2) You get direct access to specialist legal advisors and advocates;
(3) Barristers regularly do work for a flat fee, providing you with certainty about how much work will cost. 'No win, no fee' agreements are also available.
(4) Under the watchful guidance of the barrister, you do some of the basic work a solicitor would do, saving you the cost of paying for what you can do yourself;
(5) If for any reason you do need a solicitor, then your barrister will tell you. Which means you only instruct a solicitor when you need to. Further, the barrister can recommend you a solicitor. It should be a recommendation you can trust because it comes from an expert in that area of law, with years of experience of different solicitors in the field. And note, the barrister cannot receive any remuneration for his recommendation.
In short, by allowing you to speak directly to the specialist legal advisor and advocate without the cost of a solicitor, you should be more able to afford the legal advice you need.
I have not heard of Public Access before, why is that?
Traditionally, barristers have not been able to accept instructions to do legal work directly from members of the public. In July 2004, the barristers’ governing body, the Bar Council, changed the rules so that barristers are now allowed to accept such work.
Because barristers have to do a special course before they can accept Public Access work, the scheme is taking time to grow. However, news is circulating and the number of barristers qualified to do Public Access is increasing significantly.
Who does Public Access work?
Not all barristers are able to do Public Access work. Before a barrister is permitted to do Public Access work, he or she must have been a fully qualified barrister for more than 3 years and have completed a special course.
Public Access only operates within England and Wales. So only barristers working in England and Wales can accept work under this scheme.
All the barristers you will find listed on Findabarrister.co.uk are qualified to do Public Access work.
Can I use Public Access for all sorts of legal problems?
Yes, all areas of the law come within Public Access, including criminal, family and immigration work.
You can not obtain public funding (legal aid) with Public Access.
Is Public Access suitable for me?
Public Access is available in all areas of law, but is not available if the work is funded out of legal aid. You can contact a barrister and he can look at your legal problem and tell you how he can help under the Public Access Scheme. Try searching for Public Access barrister from our directory.
Further Information
|
