Direct Access Barristers: A Complete Guide to Instructing Counsel Without a Solicitor

What is a direct access barrister?

A direct access barrister (also called a public access barrister) is a self-employed advocate authorised by the Bar Standards Board to take instructions directly from members of the public and businesses — without a solicitor sitting in the middle. The scheme has existed since 2004 and was significantly expanded in 2014, and it now covers most areas of civil, commercial, family and employment work.

For many clients, going direct is the difference between affording specialist counsel and not. You skip a layer of cost, you talk to the person who will actually argue your case, and you keep control of the file.

When direct access works well

Direct access is a strong fit when:

• The issue is discrete and document-led — a contract dispute, an adjudication response, a single hearing, a written advice on the merits.
• You are organised and responsive — you can gather your own documents, take notes, and chase third parties.
• You need specialist advocacy for a defined task: drafting a defence, attending a CCMC, representing you at a final hearing.
• The matter is commercial, construction, employment, family finance, or landlord and tenant — all areas where the Bar has deep direct access experience.

When you still need a solicitor

Direct access is not suitable for every case. A barrister will refer you to a solicitor — or instruct one alongside them — where:

• The matter requires extensive disclosure management, third-party correspondence or witness interviewing.
• You need someone to hold client money (barristers cannot).
• The case involves complex litigation management over many months with frequent procedural steps.
• You are vulnerable, or the matter is publicly funded.

A good direct access clerk will tell you honestly, on day one, which category your case sits in.

What it costs

Direct access is usually priced one of three ways:

1. Fixed fee per piece of work — most common for advices, drafting and one-off hearings. You know the number before counsel starts.
2. Hourly rate — used for longer pieces of paperwork or ongoing advisory retainers. London commercial juniors typically sit between £200 and £450 per hour; KCs higher.
3. Brief fee plus refreshers — the traditional model for trials, with a fixed fee covering preparation and the first day, then a daily refresher.

Compared to the all-in cost of going through a City firm, instructing direct can be 30 to 60 per cent cheaper for the same advocate, because you are not paying for solicitor time on top.

How to instruct a direct access barrister — step by step

1. Send a short brief — one page is fine. Who you are, what the dispute is about, what you want counsel to do, and any deadline.
2. Attach the key documents — contract, pleadings, correspondence, any court orders. Quality beats quantity.
3. Confirm scope and fee in writing — counsel will issue a Public Access client care letter setting out exactly what is and is not included.
4. Pay on account — fees are usually payable up front or in tranches against milestones.
5. Work to a clear timetable — direct access works best when both sides keep to deadlines.

How Clerk&Counsel helps

We act as the clerks. We triage your enquiry, confirm whether direct access is appropriate, match you to counsel with the right specialism and availability, and handle the fee agreement. You get a specialist barrister; we handle the logistics.

Send us a brief or read more about direct access barristers in your area.