The basis on which professional work is carried out:
When you instruct a barrister through the Direct Public Access scheme, you instruct only the barrister and not Queen Square Chambers which is a set of chambers (i.e. barristers’ offices). Your selected barrister will, as a sole practitioner, personally complete all the work needed under the terms of your agreement.
If for any reason your chosen barrister cannot carry out all of the work you instruct them to do, or if they want to suggest that another barrister (either instead of them, or as well as them) carries out the work for you, then they may propose this either themselves or through their Clerk. However, another barrister will not carry out work for you unless and until you have agreed to an arrangement and have formally instructed them. If you feel that you might be happier with the services provided by an organisation (rather than an individual), then you need to instruct a firm of solicitors.
There may be times when our barristers’ professional commitments clash. If a possible clash of commitments is identified (meaning that your selected barrister is not able to work on your case), they will, with the help of their clerks, try their best to do the following:
a. Warn you as soon as possible and ask how you would prefer to continue. As a result, it would be helpful if you could provide a phone number though which we will always be able to contact you.
b. Suggest the name of another barrister within Queen Square Chambers (of a suitable level of seniority and expertise) who is willing to accept your case under the same terms. You would then need to decide whether you want to instruct that barrister.
c. Help you find a barrister from other chambers if there is not a suitable barrister within Queen Square Chambers, or if you do not want Queen Square Chambers to continue working on your case.
d. Discuss with you the costs of using another barrister.
The work your instructed barrister will carry out:
The work you are instructing your barrister to carry out will be agreed and clearly outlined in a client care letter which will be signed by both you and them. If subsequent work is needed further to your original instructions, there will be another letter of agreement drafted and signed to reflect this. Because barristers carry out all of their work personally and cannot predict what other professional responsibilities they may have in the future they cannot, at an initial stage of instruction, undertake that they shall be able to accept instructions for all subsequent work that your case may need.
The range of work a barrister can carry out:
It is important that you understand the range of the work that barristers carry out, as well as the type of work they do not. Barristers advise on the law, draft documents for clients to use, and appear on behalf of their client before courts or other organisations. Barristers do not handle client money or undertake the administrative management of a case proceeding through a court.
Here are some examples:
a. Barristers can draft letters on your behalf and send them to another person.
b. Barristers can appear on your behalf to argue your case at Court.
c. If a witness statement is needed from you, barristers can draft it from what you tell them. They may also be able to help finalise a witness statement from another person based on the information that person has provided.
d. Barristers can advise you on the need for expert evidence and on the choice of a suitable expert, however they may not instruct an expert on your behalf.
As you are instructing a barrister without a solicitor, you must be sure that: you are able to do whatever is necessary for those matters that they cannot deal with; or you have made an arrangement with another person of suitable competence and experience to provide these services for you.
Circumstances when a barrister may not be able to act for you:
In all of their professional work, barristers must follow the Bar Code of Conduct. As a result, if they consider that a solicitor needs to be instructed in your own interests or for some other professional reason, they will no longer be able to act for you other than on the instructions of a solicitor. If they foresee that situation arising they will give you as much notice as possible. If you would like to investigate the possibility of your financial means being such as to bring you within the scope of public funding, you should contact a solicitor who undertakes work for the Legal Services Commission. This is because public funding is generally only available for work carried out for a client by a solicitor who may in turn instruct a barrister.
Your barrister’s availability:
As barristers carry out all of their professional work personally, there will be times when they are not available to you. For example, if they are in court for a day, or for several days in a row, they may be totally unavailable to all other clients during that time. Whilst together with their clerks they will endeavour to respond to your request within a reasonable time it should be understood that the demands of sole practice lead to situations where patience is required.
Fees:
All fees will be agreed in advance and outlined in the client care letter that both you and your barrister will sign prior to any work being carried out. Under the contract that you enter with your barrister, you will be responsible for paying their fees.
Any time spent in the conference for the purpose of ascertaining your identity in order that your barrister may comply with The Money Laundering Regulations 2003 and the Proceeds of Crime Act 2002 will not be subject to the charge of a fee.
If fees remain unpaid for more than 3 months after a fee note is issued, interest will be payable at 2% above Barclays Bank base rate from 28 days after the date of the fee note.
General obligations:
The information which you give your barrister will be received in professional confidence. The only exception is that statutory and other legal requirements may cause your barrister to disclose information which they have received from you to government or other regulatory authorities and to do so without first obtaining your consent to such disclosure or telling you that they have made it.
The contract you are making between yourself and your barrister will be governed by English law and any dispute will be subject to the jurisdiction of the English courts.
Complaints:
We hope you will be happy with the professional services your barrister provides. However, if you are not satisfied, you should first refer the matter to the Head of Queen Square Chambers in line with chambers’ complaints procedure. If you would like a copy of the complaints procedure, please ask the clerks on 0117 921 1966.
If for any reason Queen Square Chambers’ complaints procedure is not able to deal with the problem, you may make a complaint to:
Complaints Department
Bar Standards Board
289 – 293 High Holborn
London
WC1V 7HZ