How to instruct a direct access barrister: a step by step guide

Instructing a barrister directly can feel daunting if you have never dealt with the Bar before. In reality the process is straightforward, and once you understand the steps you can move from first enquiry to a barrister working on your case within a few days. This guide explains how to instruct a direct access barrister in England and Wales, what to prepare, and what to expect at each stage.

What "direct access" means

A direct access barrister, also called a Public Access barrister, is a barrister who has completed Bar Standards Board training that allows them to accept work straight from members of the public and businesses. You do not need a solicitor to act as a go-between. You deal with the barrister, or their clerk, yourself.

Most direct access barristers cannot "conduct litigation". That means they will not issue your claim, file documents at court or serve papers on the other side. You do those steps as a litigant in person, with the barrister telling you exactly what to do and when. Everything else, the advice, drafting, negotiation and advocacy, the barrister can do.

Step 1: Decide what you actually need

Before contacting anyone, be clear about the task. Barristers are instructed for defined pieces of work, for example:

• a written advice on whether you have a good case and what it is worth;
• drafting a letter before action, a claim, a defence or a witness statement;
• a conference, in person or by video, to talk through options;
• representation at a specific hearing, mediation or trial.

If you are unsure, say so. A short initial advice on merits and next steps is often the most sensible starting point.

Step 2: Find a suitable barrister

You can search chambers websites or the Bar Council's Direct Access Portal, or use a clerking service such as Clerk&Counsel. We are an intermediary and clerking service, not a law firm, and we do not provide legal advice ourselves. We identify independent, BSB regulated barristers with the right expertise, check availability and bring you a clear fee before anything is agreed. Enquiries are free.

Whichever route you use, check the barrister is registered for Public Access on the Barristers' Register.

Step 3: Prepare your papers

Barristers are quoted on the papers, so the better organised your documents, the more accurate and often lower the fee. Prepare:

1. A one or two page summary: who the parties are, what happened, what you want and any deadlines or hearing dates.
2. Key documents in date order: contracts, letters, emails, court orders and any statements of case.
3. A list of questions you want answered.

Avoid sending hundreds of unsorted pages. A barrister will charge for the time it takes to read them.

Step 4: The suitability check

Before accepting your case, the barrister must decide whether it is in your interests, and the interests of justice, to act without a solicitor. They will consider how complex the case is, how much paperwork is involved and whether you can manage the administrative steps. If a solicitor is genuinely needed they will tell you, and may suggest working alongside one.

Step 5: The client care letter

If the barrister accepts, you will receive a client care letter. This is your contract. It sets out:

• the exact work the barrister will do;
• the fee and when it must be paid;
• what is not included;
• how complaints are handled.

Read it carefully and ask questions before signing. Fees are usually fixed and paid in advance. In most civil and family matters, a day of court attendance by experienced counsel starts from around £1,000; written advice and drafting are quoted against the papers. If you instruct through Clerk&Counsel, our service fee of up to £150 depending on urgency is shown separately from the barrister's professional fee before you decide.

Step 6: Work begins

Once the letter is signed and the fee paid, the barrister starts work. For written advice, expect a turnaround of one to three weeks unless it is urgent. For hearings, the barrister will usually want a conference beforehand and will tell you what documents to bring or file.

How long does it take?

For urgent matters such as injunctions or a hearing listed in a few days, a barrister can often be instructed within 24 hours. For non-urgent work, allow two to five working days from first enquiry to signed client care letter.

Common mistakes to avoid

• Leaving it late. Good barristers are busy. Contact them as soon as a hearing is listed.
• Unclear instructions. Say exactly what you want the barrister to do.
• Missing deadlines. Filing and serving remains your responsibility. Diarise every date the barrister gives you.

Ready to instruct?

If you have a dispute and want experienced counsel without the cost of a solicitor's file running alongside, send us a short outline. We will come back with suitable Public Access barristers and a clear fee. You can also read our guide to what a direct access barrister costs.

Frequently asked questions

Can I instruct a barrister for just one hearing? Yes. Many clients run their own case and instruct a barrister only for the hearings that matter most, such as a final hearing or trial. The barrister will need the papers in good time to prepare.

Can I meet the barrister before I commit? Many barristers offer a short initial call or a paid conference. This is a good way to test whether you are comfortable with them and whether direct access suits your case.

What happens if the case changes? If new issues arise or the other side makes an application, the barrister will quote a further fee for the extra work. Nothing is added without your agreement, and the client care letter explains how this works.

Do I need to pay everything up front? Fees are usually paid before each piece of work begins. For longer matters, work is often staged so you only commit to the next step when you are ready.