• Is my case appropriate for Direct Public Access?
• How can I make an initial enquiry?
• How can I make sure that I select the right barrister for my case?
• Can I instruct a barrister directly using public funding?
• What service will be provided for the fees I pay?
• What work is a barrister permitted to carry out within the Direct Public Access rules?
• What are the benefits of instructing a barrister directly?
• Are there any restrictions on who can instruct a barrister through Direct Public Access?
• What should I include in my Instructions to Counsel?
• Will I be required to sign a contract?
• Will I be required to provide identification?
• Can I instruct a barrister on a Conditional Fee Agreement (CFA) basis?
• Can I instruct a barrister at Queen Square Chambers if I am not local to Bristol?
• What are the fees involved, and how are they calculated?
Is my case appropriate for Direct Public Access?
Not all cases are suitable for the Direct Public Access scheme. Cases that require a high level of litigation may be more suited to the involvement of a solicitor. We offer Direct Public Access in the following practice areas, depending on availability and the suitability of cases:
• Employment
• Criminal Law
• Regulatory Law
• Road traffic and motoring offences
• Contract
• Personal Injury
If you would like to meet with a barrister in conference to discuss your case in more detail, the clerking team will be happy to help arrange an opportunity to do so.
How can I make an initial enquiry?
In order to make an initial enquiry in relation to your case and its suitability for Direct Public Access, please complete the online form located on the main Direct Public Access page of our website here (link).
How can I make sure that I select the right barrister for my case?
Which barrister to instruct depends on a number of different factors as some may be more suitable for your case than others. When making this decision, some key factors to consider are the respective experience, fees, qualifications and reputation of each of our team. It may be that you already know the name of the barrister that you wish to instruct following a recommendation in which case our clerks will be able to help with your enquiry. If for any reason you are dissatisfied with the services of a barrister you are entitled to make a complaint to the General Council of the Bar, 289-293 High Holborn, London, WC1V 7HZ.
Can I instruct a barrister directly using public funding?
Currently, public funding cannot be used for the instructions under the Direct Public Access scheme. In the event that you are eligible for, or have already been granted public funding for your case, our clerking team can assist by recommending a local solicitors firm with whom we have an existing relationship.
What service will be provided for the fees I pay?
This depends entirely on the status and requirements of your case. Together with the help of the clerking team, our barristers will ensure that you receive a bespoke, accessible and professional service from your chosen with guidance and administrative support from the clerking team where appropriate. Depending on your case, and the work you require to be carried out, barristers can be instructed to provide advice (either in conference, in writing or over the telephone) and to provide representation courts and tribunals.
What work is a barrister permitted to carry out within the Direct Public Access rules?
A barrister’s role in a case will ultimately depend on the nature of the case in question and the instructions received, however barristers operating within the Direct Public Access scheme are governed by certain Bar Council rules which limit work that they are allowed to carry out. Bar Council rules stipulate that barristers are not permitted to carry out the following on behalf of Direct Public Access clients:
• Undertake the management administration or general conduct of a lay client's affairs
• Instruct an expert witness or other person on behalf of his lay client or accepting
personal liability for the payment of any such person
• In any other respect conduct litigation
There will be a responsibility on your part to undertake certain elements of the management of your case. Your barrister will be in a position to advise you as to the most appropriate course of action to take. If your barrister believes that your interests, and those of justice, will be best served by instructing a solicitor, they are under a professional obligation to tell you.
What are the benefits of instructing a barrister directly?
The most obvious advantage of instructing a barrister through the Direct Public Access scheme is the financial saving that it will enable you to make. By bypassing a solicitor and instructing a barrister directly, you will avoid paying two sets of legal fees as you will be engaging the services of one lawyer, not two. Barristers’ hourly rates tend to be lower than those of a solicitor of a similar level of experience. This is largely because the running costs of a barrister’s chambers are often significantly less than those of a firm of solicitors.
Her Majesty’s Court Service has recently published figures demonstrating that, on average, clients make a saving of around 25% of legal fees by instructing counsel directly rather than through a solicitor. Whilst these figures relate to the City of London, the saving is believed to be comparable regardless of the geographical context.
All barristers’ fees will be agreed prior to the undertaking of any work, and the instructions that you give to your barrister will be supported by a signed client care letter which defines the parameters of the agreement you have entered. It is possible to instruct a barrister to carry out work in relation to a specific element of your case, without them being instructed to conduct your case in its entirety. For example, if you require an urgent initial advice, or advice in a conference, you will only be invoiced for the work that is undertaken to complete the specific task. There is no subsequent commitment to the instruction of the same barrister additional work on your case.
Are there any restrictions on who can instruct a barrister through Direct Public Access?
There are no restrictions as to who is able to instruct a barrister through the Direct Public Access scheme. Barristers are not, however, obliged to accept all instructions that come their way as the ‘cab rank’ rule that governs their wider practice does not apply to Direct Public Access cases. Whether o At Queen Square Chambers, we will accept instructions from members of the public and company representatives in relation to a variety of fields as detailed above in the ‘Is my case appropriate for Direct Public Access?’ section. If you would like to check that your instructions can be accepted before completing the enquiry form, please contact Rory Nunn, our Direct Public Access clerk, by email - rn@qs-c.co.uk - or by phone - 0117 921 1966.
What should I include in my Instructions to Counsel?
Instructions to Counsel normally comprise of two important elements. These are; a letter of instruction and a bundle of documents pertaining to your case. The following guidance outlines what should be included in both:
Letter of Instruction
The main purposes of your letter of instruction are to outline the background and history of your case, and to clarify exactly what you require your barrister to carry out on your behalf. With this in mind, the following points should be covered for completeness:
• Your name and, if acting as an intermediary, who you are acting on behalf of
• The nature of your dispute and the names of any interested parties
• A brief background of your case. This ought to include a simple timeline of events that have taken place to date, in addition to any information that will not be covered by the accompanying bundle of documents.
• Notification of any relevant hearing dates/deadlines including service dates for evidence
• Clarification of exactly the work you would like to be undertaken (e.g. representation at court/tribunal or advice in relation to relevant points).
Traditionally, correspondence intended for a barrister is addressed to his or her clerk. Please address your letter of instruction to:
The clerk to (your barrister’s title and name)
Queen Square Chambers
56 Queen Square
Bristol
BS1 4PR
If you require assistance from the clerks to select the right barrister for your case, you can use
our standard enquiry form on the main Direct Public Access page of our website, here (link).
Bundle of documents
In order to understand your case in its full detail, your barrister will need to consider all of the relevant documentation you have. This documentation could be written correspondence, copies of emails, witness statements, photographs, plans, videos or any other relevant material. When deciding what to include, be sure to apply common sense. In order to make the information you send as easy as possible to review, please bear the following points of guidance in mind:
a) Included with any documents you send should be a typed index/itinerary which names and describes each document enclosed. This index can form part of your letter of instruction or may be included as a separate schedule.
b) Please refrain from sending original documents as part of your bundle and send only copies. Barristers’ chambers often do not have the same capacity for the storage of documents as solicitors do and, according to rules devised by the Bar Council barristers are not obliged to keep documents sent in relation to your case. If there is essential documentation involved that it is not possible to copy, please liaise with the clerks as they will be able to assist in making arrangements for the safe delivery and return of any such documents.
Please note that you will not be charged fees for sending in your letter of instruction alone. Once received, your documents will be considered by the clerks before being passed on to a member of the Direct Public Access team who is a specialist in the relevant area of law. You will then be contacted by the clerks in order to agree a fee for the work that you require to be carried out. To support this agreement, a client care letter will be put together for you to consider and sign – it is not until we are in receipt of your signed client care letter that you are liable for fees. In addition to the client care letter, we will need to see a verified copy of passport for the purposes of identification and to comply with money laundering regulations. The clerks can assist you with regards to how best to provide this.
Will I be required to sign a contract?
In order to ensure that client expectations are met at all times by the services we provide, and also to avoid any misunderstanding in relation to the terms and conditions of the arrangements that clients enter with barristers, we will draw up a client care letter for you to consider and sign in acceptance of terms and conditions. The client care letter will address all aspects of the agreement that you enter with your barrister, including availability, fees and the restrictions on the work that can and can’t be carried out by Counsel within the parameters of the Direct Public Access scheme. This client care letter serves as a contract to support your agreement, you will be provided with a copy in addition to the copy that you sign and return for your reference.
Will I be required to provide identification?
In certain circumstances, the barrister will be required by law to carry out certain identification procedures. These must be followed as soon as reasonably practicable after you have first made contact with the barrister - it is likely that this will take place after you make the initial contact described above. Whether these procedures apply and, if so, how they should be followed, need to be considered by the barrister when you first make contact.
Where the procedure applies, the barrister will require satisfactory evidence of your identity – that is, proof of your name, date of birth and current address. The type of evidence required will depend on the circumstances. For example:
a) If you are acting as an individual, you may be required to produce in person your current passport or other national identity card or a new form of driving licence (with a photograph) together with a recent utility bill, bank or building society statement. If you are unable to provide a copy of your passport in person, Chambers will accept a verified copy, signed by a notary public (solicitors and barristers are able to do this on your behalf).
b) If you are acting on behalf of a company, you will need to produce a certified copy of the Certificate of Incorporation, the latest accounts filed at Companies House and evidence that you are authorised to act on behalf of the company.
To carry out the procedures properly, the barrister may well have to have a meeting with you. You will be told what to bring to that meeting. The barrister is required to take copies of the documents which you bring and to retain those copies for 5 years.
Can I instruct a barrister on a Conditional Fee Agreement (CFA) basis?
As a general rule, barristers at Queen Square Chambers do not accept Direct Public Access instructions on a CFA basis. We ordinarily require payment in advance by way of a cheque made out to the barrister in question. Cheques will not be processed until agreed work has been completed in-line with the arrangements outlined in the client care letters that all of our clients and barristers are required to sign in order for instructions to be formalised.
Can I instruct a barrister at Queen Square Chambers if I am not local to the Bristol area?
Although barristers at Queen Square Chambers work mostly on the Western Circuit (the South West), they are able to accept instructions on a national basis. There will be cost implications involved if your selected barrister is required to travel to complete work on your behalf, however this would generally only apply to representation at court/tribunal as advice can normally be provided remotely in writing or by telephone. You may also choose to travel to Queen Square Chambers if a conference is necessary in your case.
What are the fees involved, and how are they calculated?
In most cases, fees will be quoted on the basis of an hourly rate which varies according to the seniority and experience of instructed Counsel. The amount of work required will ultimately depend on client instructions to Counsel and the complexity of the case itself. In some cases it may be possible to quote a fixed sum for a piece of work, particularly if instructions relate to providing advice on a specific issue, it may also only be able to provide an estimate of fees in cases where the time spent could be influenced by issues outside of our control.
