The information provided here is a summary of the basis upon which work can be accepted by barristers at Becket Chambers on a public access basis. No contract or legal relationship will be concluded unless and until a barrister has agreed to accept instructions on a public access basis and until the client and the barrister have set out the terms of their agreement in writing.

What is Public Access?

Until recently, it was not possible for members of the public to go to a barrister directly; they needed to use a solicitor. However since 6 July 2004 the position has changed: anyone - individuals, companies, firms etc - can now instruct a barrister directly.

In which areas of work can barristers be instructed directly?

What type of work can barristers now do on a public access basis?

Barristers will be able to give legal advice, draft documents or letters or represent you at court, tribunals or other formal meetings.

Can barristers conduct litigation on my behalf?

No, but a barrister can do a wide range of work in the context of litigation. A barrister can:

• advise you as to the steps that need to be taken;
• help in the drafting of correspondence;
• draft the court documents and the statements of case such as claim forms; defences etc.;
• prepare witness statements;
• draft instructions to expert witnesses.

However a barrister cannot:

• correspond with the other side on your behalf;
• be responsible for the payment of any court fees;
• handle any sums of money on your behalf;
• issue court documents such as a claim form;
• contact witnesses or collect and investigate evidence.

Who has to do the work the barrister is not permitted to do?

The work that barristers are not permitted to do will need to be carried out by you. If you do not feel you are able for whatever reason to do that work then you will need to instruct a solicitor or court appointed agent to do the work on your behalf.

What will it cost?

The fees will depend on a number of factors including:-
the seniority and experience of the barrister consulted;
the difficulty, size and importance of the case and most importantly;
the amount of work involved.
Whenever possible we will quote you in advance a fixed fee for the piece of work that is required. If that is not possible we will always provide you in advance with:
details of the barrister's hourly charging rate for the work;
an estimate of the likely total cost;
a capped costs limit beyond which the barrister will not go without your further authority.
Barristers' fees are subject to VAT at the prevailing rate.

When do I have to pay?

If it is possible to provide you with a fixed fee for the piece of work then normally this will be payable up front before the work is done.
If it has not been possible to provide a fixed fee for the work then the fee will be payable on completion of the work and you will be contacted with the cost of the work. The barrister may hold on to the piece of work until he or she has been paid (this is called exercising a lien).
What if more work is required? If it becomes clear that further work is required from the barrister than previously agreed a further agreement will be necessary setting out the additional work covered and the fees for that work.
Can I get public funding? Public funding is not available for work undertaken by barristers under the Public Access scheme. If you think that you might be eligible for public funding then you should consult a solicitor.

How do I instruct a barrister at Becket Chambers?

If you want to instruct a barrister at Becket Chambers you should do one of the following:
fill out the form on the contact us page of the website, email with the outline of your case and what you require done and a clerk will contact you to discuss. Alternatively please ring 01227 786331 and ask to speak to the Senior Clerk.

How will I know if a barrister will accept my instructions?

Within 5 working days of receipt of your e-mail or letter we will contact you to give a preliminary indication. A barrister may at that stage or at any other time ask you to forward copy documents or other material to enable a decision to be reached.
Do not send any additional documents unless and until requested to do so by a barrister or one of the clerks. Under no circumstances should you forward original documents.

What then?

Until a barrister has agreed to take your case neither the Barrister nor Becket Chambers can accept any responsibility for advising you on any other aspect of your case or matter. Once a barrister has agreed to take on your case or matter, you will be sent a "client care letter". This letter will be your contract with the barrister for the work to be done. It is an important document and you will need to read it carefully and satisfy yourself that you understand it.
The client care letter will set out:

• the extent of the work that the barrister has agreed to carry out;
• the fees that are payable for the work or alternatively the hourly rate that will be charged together with an estimate of the likely costs and a “costs cap” figure beyond which no additional work will be done without your further agreement;
• the conditions on which the barrister will do the work.

Your agreement will be with a particular individual barrister and not with Becket Chambers. No-one else will carry out any work for you unless there is a separate agreement with that further barrister.

Is Becket Chambers obliged to take any case on a public access basis?

No. A barrister will only take a case on a public access basis if he or she considers that it is in your interests and the interests of justice that it is taken on that basis. The barrister may decide that it would be best if you instructed a solicitor. Even where a case has been taken on a public access basis, circumstances may arise where the barrister decides that it is no longer in your interests or the interests of justice that the case be dealt with on that basis and that a solicitor should be instructed.
If a barrister decides that your case should not be taken on a public access basis or during the course of acting for you decides that it is no longer a case suitable for public access then you will be informed as soon as possible.