direct access

Can you go to court without a solicitor?

Yes — and in England and Wales you can still instruct a barrister directly to advise, draft or represent you.

Clerk&Counsel10 July 20264 min read
A barrister standing at the lectern in a modern courtroom, illustrating direct access representation without a solicitor
A barrister standing at the lectern in a modern courtroom, illustrating direct access representation without a solicitor

In England and Wales, you have the right to represent yourself in court. Thousands of people do it every year in civil and family courts, from small claims to financial remedy hearings. Going to court without a lawyer does not mean you are on your own. It simply means you are a litigant in person: someone who handles their own court case without a solicitor.

If you choose this route, you can still get legal advice and representation from a legally trained specialist. Under the Public Access scheme, you can instruct a barrister directly without paying for a solicitor. That barrister can advise you on the strength of your case, draft statements and applications, and speak for you at court hearings.

This works well in many areas of family law, civil disputes, employment tribunals, landlord and tenant matters, and inheritance claims. For example, if you are separating and cannot afford a solicitor for the whole court process, a direct access family law barrister can represent you at the key hearings and help you settle by consent order. You pay a fixed fee for each piece of work, so legal costs are easier to control than open-ended hourly billing.

Free help is also available. Citizens Advice, law centres and other advice agencies can explain how the court works, help with forms, and signpost you to further support. Legal aid is now limited for most private disputes, but it still exists for some housing, debt, welfare and family cases where there is evidence of domestic abuse or child protection concerns. You can check your eligibility on gov.uk or contact the court for guidance.

Some people bring a family member or a McKenzie friend to sit beside them in court. A McKenzie friend can take notes, offer quiet suggestions and provide moral support through court. They cannot speak for you unless the judge gives permission, and they are not a substitute for a legal professional. Be cautious if anyone charges to act as a McKenzie friend: the role is meant to be informal, and unregulated legal services can cause more problems than they solve.

When you represent yourself in court, you remain responsible for the procedural steps. You must contact the court, file documents on time, and comply with directions. The judge will usually give you reasonable leeway, but deadlines and rules still matter. Missing a deadline can weaken your position or lead to costs orders against you.

That is why many litigants in person use a direct access barrister for the most important parts of the court case. You can do the day-to-day correspondence yourself and bring in counsel for advice, drafting or advocacy. This keeps costs down while giving you specialist help when it matters.

At Clerk&Counsel we help clients instruct a barrister directly. We explain whether your matter is suitable for public access, agree a fixed fee, and match you with a barrister who has the right expertise. You stay in control of the court case, but you do not have to face the court process alone.

If you are considering going to court without a lawyer, start by getting clear on what help you actually need. Free resources and advice agencies are useful first stops. For the legal work itself — opinions, pleadings, witness statements, and representation at court hearings — a direct access barrister can be the most cost-effective way to put a legally trained advocate on your side.

Need to discuss your case? Send us a brief or call the clerks. We will tell you honestly whether direct access is the right route and, if so, how we can support you through court.

direct accesspublic accesslitigant in personfamily lawcourt without a lawyerMcKenzie friendlegal aid

Need to instruct counsel on a matter discussed here? Send us a brief or browse our find counsel page.