Public Access

Public Access barristers, instructed directly.

Specialist counsel you can instruct yourself, without a solicitor, for advice, drafting, negotiation and representation in court and tribunals across England and Wales.

The Public Access scheme lets members of the public, businesses and organisations go straight to a barrister. Until 2004 almost every barrister had to be instructed through a solicitor. Today several thousand barristers are registered for Public Access, and for the right kind of case it is one of the most efficient ways to get senior, specialist help with a legal problem.

Clerk&Counsel is an intermediary and clerking service. We do not provide legal advice or legal representation ourselves. We listen to what you need, identify independent Public Access barristers regulated by the Bar Standards Board who have the right expertise, check availability and bring you a clear fee before anything is agreed. The barrister you choose is responsible for the legal services they provide.

Our clients are typically people and businesses facing a serious dispute where the stakes justify specialist advice: a contested financial remedy, a boundary or co-ownership dispute, a commercial claim, a tribunal hearing or an estate that has gone wrong. They want an expert in the room without paying for two sets of lawyers.

How it works

What a Public Access barrister can and cannot do.

A Public Access barrister can do almost everything you would expect from counsel. They can give written or oral advice on the merits of your case, draft letters before action, statements of case, witness statements and skeleton arguments, negotiate with the other side and represent you at hearings, mediations and trials.

What most Public Access barristers cannot do is conduct litigation. That means issuing proceedings, filing documents at court, serving papers on the other side and handling the day-to-day correspondence of a case on the court record. In practice you take on those administrative steps as a litigant in person, with the barrister telling you exactly what to file and when. Courts are used to this arrangement and it rarely causes difficulty.

Barristers also cannot hold client money. Fees are paid directly to the barrister or their chambers, usually in advance of each piece of work, under the terms of a written client care letter.

Suitability

Cases that suit Public Access, and cases that do not.

  • Written advice on merits, prospects and value before you commit to proceedings.
  • Drafting particulars of claim, defences, applications and witness statements.
  • Representation at a single hearing such as an FDR, an injunction return date or a possession hearing.
  • Tribunal advocacy in employment, property and immigration appeals.
  • Settlement meetings and mediations where you want counsel beside you.
  • Less suitable: heavy multi-party litigation, large disclosure exercises or cases where the client cannot manage court paperwork.
Instructing

From first enquiry to a signed client care letter.

Send us a short outline of the problem, any deadline or hearing date, and the key documents you already have. We will identify suitable Public Access counsel, confirm their availability and obtain a fee for the specific work you need. Nothing is agreed until you have seen that fee.

The barrister will then carry out their own suitability check and conflict search. If they accept, they send a client care letter setting out the scope of work, the fee, when it is payable and what happens if the case changes. Once it is signed and the fee paid, work begins. For urgent matters this can happen within 24 hours.

Fees

Fixed fees, agreed in writing before work starts.

Public Access fees are normally fixed per task. Written advice might range from a few hundred pounds on a narrow point to several thousand on a complex commercial or chancery matter. A day of court attendance by experienced counsel in most civil and family matters starts from around £1,000, with longer or more complex hearings quoted as a brief fee plus daily refreshers.

Because you are paying one professional rather than a solicitor and a barrister, the overall cost is often substantially lower than the traditional route. Clerk&Counsel's service fee of up to £150 depending on urgency is shown separately from the barrister's professional fee before you decide. There is no charge to make an enquiry.

Regulation

Every barrister regulated by the Bar Standards Board.

Every barrister we introduce holds a current practising certificate, is registered for Public Access and carries professional indemnity insurance. You can verify any barrister yourself on the Barristers' Register. If something goes wrong, barristers have their own complaints procedure and you can escalate to the Legal Ombudsman.

Brief us

Tell us what you need.

Send a short outline of the problem and any upcoming dates. We will come back with Public Access counsel options and a clear fee.

FAQ

Common questions.

What is a Public Access barrister?

A Public Access barrister is a self employed barrister who has completed the Bar Standards Board Public Access training and is registered to accept instructions directly from members of the public and businesses. The terms Public Access and direct access mean the same thing in practice.

Is every barrister allowed to take Public Access work?

No. The barrister must hold a current practising certificate, have completed the Public Access training and, if they are under three years' practice, must have a qualified barrister available to guide them. You can check whether someone is registered for Public Access on the Barristers' Register kept by the Bar Standards Board.

Can a Public Access barrister go on the court record for me?

Most cannot, because they are not authorised to conduct litigation. You remain a litigant in person for filing and serving documents, while the barrister advises, drafts and represents you at hearings. A small number of barristers hold a litigation extension and can take on those steps as well.

Is my case suitable for Public Access?

Before accepting an instruction the barrister must consider whether it is in your interests and the interests of justice to act without a solicitor. Cases with heavy disclosure, many witnesses or a vulnerable client may need a solicitor. Advice, drafting, negotiation and one-off hearings usually suit Public Access well.

How are Public Access fees set?

Fees are usually fixed for a defined piece of work and set out in a client care letter before anything starts. 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.

Does Clerk&Counsel charge me to make an enquiry?

No. Enquiries are free. If you go on to instruct a barrister through us, a Clerk&Counsel service fee of up to £150 depending on urgency applies, shown separately from the barrister's professional fee before you decide.