Public Access · BSB-regulated

Direct Access Barristers

Instruct a specialist barrister directly, without a solicitor. Clerk&Counsel places Public Access-qualified, BSB-registered counsel for commercial, construction, family and civil disputes across England and Wales, on transparent fixed fees agreed in writing before any work begins.

Direct access barrister in robes reviewing a brief at a chambers desk, scales of justice in the background
Public Access counsel reviewing a brief. Clerk&Counsel places direct access barristers across England and Wales on fixed fees agreed in writing.

A direct access barrister, sometimes called a Public Access barrister, is a self-employed advocate authorised by the Bar Standards Board to take instructions straight from the public and from businesses, with no solicitor in the middle. For the right kind of work it is faster and cheaper, and it gives you specialist court advocacy without paying for two layers of professional representation.

Clerk&Counsel is a clerking agency. We do not provide legal services ourselves. We identify suitable Public Access-qualified counsel from across the independent Bar, run conflict checks, confirm fixed fees, and issue the BSB-compliant client care letter, usually within 24 to 72 hours. You can send a brief at any time, or read more about how the Public Access scheme works for litigants in person.

The scheme is busiest in three areas: family finance and children, commercial and contract disputes, and construction adjudication. If you already know which area your matter sits in, jump straight to direct access family law, direct access civil law, or direct access divorce.

Need counsel quickly?

Send a short brief. A clerk will come back to you with shortlisted, available counsel and indicative fees.

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From the clerks' desk

What we have learned routing Public Access instructions

After two decades of clerking, a pattern repeats. The Public Access clients who get the most value out of the scheme are the ones who arrive with a defined question and a tidy bundle. A two-page chronology and the three or four documents that matter will usually let a barrister give a far more useful steer than a shoebox of correspondence, and it keeps the fee down.

In family work, the FDR is the moment direct access pays for itself. A specialist financial remedy barrister briefed for the day, with a clear position statement, regularly settles cases that would otherwise drift to a final hearing. The same is true at the first interim hearing in private children cases, where a sensible recommendation from the bench, well argued, can shape the next twelve months.

In commercial and construction disputes the cost case is even stronger. A well drafted Letter Before Action, signed by counsel, often produces a payment or a meaningful response within fourteen days. A 28-day construction adjudication run by one barrister, instructed directly, is dramatically cheaper than the traditional solicitor-and-counsel model and tends to be just as effective.

The honest counterpoint is that direct access is not a fit for every case. Heavy disclosure, multi-party litigation, regulatory investigations and any matter that needs significant funds held in a client account still belong with a solicitor. When we see one of those briefs we say so, and where helpful we will point you at a firm that can take it on.

What a direct access barrister can do

Specialist advice, drafting and advocacy, on a fixed fee.

Written advice

Merits, quantum and strategy advice on liability, prospects of success and recoverable costs, usually delivered within 7 to 14 days.

Drafting

Letters Before Action, Particulars of Claim, Defences, witness statements, skeleton arguments and instructions to experts.

Hearings & advocacy

Interim applications, CCMCs, FDRs, final hearings and appeals in the County Court, High Court, Family Court and tribunals.

Negotiation & ADR

Without-prejudice correspondence, settlement meetings, mediation representation and Part 36 strategy.

Adjudication

Construction Act adjudications: referrals, responses, replies, and TCC enforcement of adjudicators' decisions.

Second opinions

An independent review of advice already received, often for a fixed fee, before you commit to litigation.

How to instruct a direct access barrister

From brief to barrister in 24 to 72 hours.

01

Send a brief

A short description of the matter, any deadlines, and the documents you already have. No commitment.

02

Clerk shortlists counsel

A clerk identifies Public Access-qualified barristers with the right expertise and confirms availability and indicative fees.

03

Client care letter

The BSB-compliant client care letter sets out scope, fee and timetable in writing for your signature.

04

Work begins

Counsel starts as soon as the letter is signed and fees are received. You deal with the barrister directly throughout.

Direct access works for you if
  • +You know what piece of work you need (advice, draft, hearing).
  • +You are comfortable handling correspondence and document management yourself, or with light support.
  • +The matter does not require a solicitor's client account to hold funds.
  • +You want a clear fixed fee rather than open-ended hourly billing.
  • +You want specialist court advocacy without paying for two layers of representation.
Direct access is not the right route if
  • Matters that need heavy ongoing disclosure or witness management.
  • Cases needing to hold significant sums in a regulated client account, such as conveyancing.
  • Some criminal investigations where solicitor-led representation is required.
  • Public-funded (legal aid) work, as direct access barristers cannot accept legal aid.

If your matter is not suitable for direct access we will tell you up front and, where useful, point you to a solicitor who can lead the file with counsel kept in reserve.

Transparent fees

Fixed fees,
agreed in writing.

Every direct access instruction starts with a written client care letter setting out the scope of work, the fee, and the timetable. You know what you are paying before any work begins. There is no hourly meter and no surprise invoice at the end.

Written advice£450 – £950
Statement of case£750 – £2,500
Half-day hearing£900 – £2,500
Full-day hearing£1,500 – £4,500
Adjudication referral£3,500 – £8,000
Conference (1 hour)£250 – £600

Indicative ranges only, plus VAT. The actual fee depends on counsel, seniority, complexity and timetable. Fees are agreed in writing before any work begins.

Direct access vs solicitor instructed

The main differences at a glance.

Direct access (Public Access) lets you instruct a barrister without a solicitor in the middle. The traditional model uses a solicitor to manage the file and instruct counsel. Both are regulated and both have their place. The table below sets out the practical differences for a typical private client matter.

 Direct access barristerSolicitor instructed barrister
Who you instructThe barrister directly, through the clerks.A solicitor, who then instructs a barrister on your behalf.
Professionals you payOne: the barrister.Two: the solicitor and the barrister.
Fee structureFixed fee, agreed in writing before any work begins.Solicitor on hourly rates, barrister on brief fee. Costs build over time.
Typical overall costLower. One specialist, one fee per piece of work.Higher. Two firms, two sets of overheads, hourly billing on the file.
Time to instruct24 to 72 hours from brief to client care letter.One to three weeks for file opening, AML checks and counsel selection.
Who runs the file day to dayYou do, as litigant in person. The barrister advises and represents.The solicitor manages the file, correspondence and court filings.
Court filings and correspondenceYou file documents and deal with the court office. Counsel tells you what to file and when.The solicitor files documents and corresponds with the court and other side.
Advice, drafting and advocacyDone by the barrister you instruct.Drafting often shared between solicitor and barrister. Advocacy by counsel.
Best suited toDefined pieces of work: advice, drafting, hearings, negotiation.Heavy disclosure, safeguarding, complex multi party litigation and ongoing case management.
RegulationBar Standards Board. Counsel carries professional indemnity insurance.Solicitors Regulation Authority and Bar Standards Board.

If the case is unsuitable for direct access, for example public law children work or matters needing heavy ongoing case management, the clerks will say so up front and point you to a solicitor.

Frequently asked

Direct access barristers: your questions, answered.

What is a direct access barrister?

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A direct access barrister, also called a Public Access barrister, is a self-employed advocate registered with the Bar Standards Board to take instructions straight from members of the public and from businesses, without a solicitor acting as an intermediary. The scheme was opened to the public in 2004 and extended in 2013, and is now used by any qualifying barrister of at least three years' standing who has completed the BSB Public Access course.

How much does a direct access barrister cost in the UK?

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Most direct access barristers work on a fixed fee for a defined piece of work. As a rough guide, that means £450 to £950 for a written advice, £750 to £2,500 for a drafted statement of case, and an agreed brief fee for any hearing. Hourly rates typically run between £150 and £450 plus VAT depending on seniority and complexity. Because there is no solicitor's file running alongside, clients usually save 30 to 50 per cent on the equivalent fully-instructed cost. Every fee is agreed in writing in the BSB client care letter before any work begins.

Is it cheaper to use a direct access barrister than a solicitor?

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In most discrete matters, yes, because you pay one professional rather than two. Direct access works best where the scope is well defined: an advice, a drafted document, or representation at a specific hearing. It is usually not cheaper for matters that need heavy disclosure, witness management or constant correspondence with the other side. In those cases a solicitor-led model, with counsel instructed in the traditional way, is still better value.

How do I instruct a direct access barrister?

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Send a brief description of the matter together with any key documents and a deadline. A clerk runs a conflict check, identifies suitable Public Access-qualified counsel, confirms availability and a fixed fee, and issues the BSB Public Access client care letter for signature. Once the letter is signed and fees are received, the barrister starts work. The process usually takes 24 to 72 hours.

What can a direct access barrister do?

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A Public Access barrister can give written and oral advice, draft letters and statements of case, settle expert instructions, negotiate on your behalf, attend mediation, draft and issue court documents, and represent you at hearings in the County Court, High Court, Family Court, tribunals and appellate courts.

What can a direct access barrister not do?

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Barristers cannot hold client money in a general client account, cannot issue proceedings on your behalf in most courts (you issue, they draft) and cannot conduct litigation in the same way a solicitor does unless they hold the BSB conduct of litigation extension. Where a matter genuinely needs a solicitor, the clerks will say so up front rather than take work the scheme is not designed for.

Are direct access barristers regulated?

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Yes, by the Bar Standards Board. Every Public Access barrister holds a current practising certificate, carries a minimum of £500,000 of professional indemnity insurance through BMIF, and is bound by the BSB Handbook including the Public Access Rules. You can verify any barrister via the Barristers' Register at barstandardsboard.org.uk.

Can I use a direct access barrister for family law?

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Yes. Direct access is widely used for divorce, financial remedy, child arrangements, prohibited steps, specific issue, Schedule 1 and FDR hearings. Many clients instruct a Public Access barrister for the advice and final hearing advocacy while handling the procedural steps themselves.

Can I use a direct access barrister for a commercial dispute?

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Yes, including contract, debt, partnership, shareholder, professional negligence, construction adjudication and similar matters. Public Access is particularly cost-effective for fixed-stage work such as a Letter Before Action, Particulars of Claim, an application for an interim injunction, or representation at trial.

How quickly can a direct access barrister be instructed?

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For urgent matters, including an injunction, a hearing listed in days, or an adjudication response, counsel can usually be identified, conflict-checked and engaged within 24 hours. For non-urgent advice or drafting work, instruction is typically complete within 48 to 72 hours.

Ready to instruct

Send a brief.
A clerk will come back to you.

No commitment. No charge for the initial routing. Fees are agreed in writing before any work begins.

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