Public Access
The Public Access Scheme allows certain organisations, companies, firms or members of the public to instruct a barrister directly, either specifically for their specialist expertise and or generally, for representation on a range of personal or business matters.
Barristers who offer Public Access services, act for you from the start of your case to its conclusion without the need for a solicitor, if the Barrister thinks the case is suitable under the Scheme.
Our barristers at LSLC, accepts direct access instructions in all our practice areas where the case is suitable. Not every case will be suitable to be conducted under public access, especially where there is complex litigation which requires a team of advisors, including a solicitor to investigate and manage the case.
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If you are a member of the public, a community organisation or a business wishing to obtain advice or representation from a barrister directly, rather than through a solicitor or other intermediary professionals, LSLC may be able to assist you via the Public Access Scheme.
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Our barristers at LSLC accepts direct access instructions from:
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Solicitor or other practising lawyers
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Licensed Access clients, who may either hold a licence issued by the Bar Standards Board, or be a member of a professional body which has been recognised by the Bar Standards Board,
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Members of the public who wish to instruct a barrister under the Public Access Scheme.
How the Public Access Scheme works
This depends on whether the Barrister is authorised only for public access, or whether they are authorised to carry out public access and litigation instructions.
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Our barristers are authorised to carry out Public Access Litigation instructions, and will carry out all of the work themselves on your behalf, or specific to your instructions. The type of service they will offer, is to advise on the merits of your case, the likely evidence you will need to obtain to strengthen your case, drafting court documents and representing you in Court or before a tribunal.
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As a Public Access Litigation Barrister, our barristers can take on responsibility for the preparatory work a solicitor would traditionally do, such as gathering evidence, issuing court documents and corresponding directly with the other side, writing letters or filling out forms. However, where our barristers are instructed under specific instructions on a Direct Access basis, you would take responsibility for the preparatory work that a solicitor would traditionally do.
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For further information about the Direct Public Access /Litigation Scheme, you may contact our clerks for more information, or access the Bar Standards Board’s (BSB), Guidance for Lay Clients by clicking this link: https://www.barstandardsboard.org.uk/uploads/assets/20f0db2a-a40c-4af9-95b1b9557ad748e9/Public-Access-Guidance-for-Lay-Clients.pdf
For more information about Direct Access please visit: https://www.barstandardsboard.org.uk/for-the-public/finding-and-using-a-barrister/how-to-instruct-a-barrister/public-access-guidance-for-lay-clients.html
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Advantages of the Direct Public Access/Litigation Scheme
In most cases, instructing a barrister under the Scheme, will save you money as you will be instructing one lawyer, rather than two, to represent you in all of your legal needs.
Direct Public Access/Litigation Scheme – Is special training required to undertake work under the Scheme?
All barristers who undertake direct access work have done a direct public access training course approved by the BSB, and it is notified to the BSB that they have done this. You can check whether a barrister is direct public access registered or have the right to conduct litigation, by looking on the Barristers’ Register on the BSB’s website https://www.barstandardsboard.org.uk/for-the-public/search-a-barristers-record/the-barristers-register.html
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Costs
Our barrister’s costs or (fees) will depend on the amount of work required to be carried out, and will be influenced by factors such as, the complexity of the issues in your case, the likely length of the hearing, and if you need a more experienced barrister. If you have a particularly complex case or a more experienced level of barrister, your fees may be higher than the estimates quoted.
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Cost estimates will be provided in advance of undertaking any work, while all data/information received for the purpose of quotations will be subject to the General Data Protection Regulation (GDPR).
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We generally charge an hourly rate, depending on your needs, the complexity of the matter and the experience of the barrister instructed. Hourly rates vary from £300 to £350 per hour (plus VAT where applicable).
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Please contact our clerking team on 0207 732 9973 or email: (londonsouth.chambers@yahoo.co.uk), to discuss the level of advice and representation required, and the cost.
How costs are charged
To give you a better idea about how our barristers fees are charged, costs cover, hearings such as case management or directions hearings, which are generally shorter than a final hearing, and may require 1-2 hours preparation, and an attendance at court.The length of time of a final hearing, and the number of hearings to be attended, can vary in length and number, and will be affected by matters such as, what our barristers are instructed to do, and at what stage of your case they are instructed. There are no standard timescales, every case is unique, and it will depend on your personal case. However, more information on timescale can be given, once your matter has been assessed.
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In an immigration matter, our direct access litigation barrister can advise you on putting an application in to regularise your immigration status, help you appeal a negative decision by the Secretary of State or represent you in a hearing. Immigration and asylum final cases typically last between an hour and a day. Motoring Offences will typically last an hour and a day. Employment hearings can last several days, depending on the issues. Financial remedy hearings in family cases usually require multiple hearings.
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Further, there may be additional costs such as application and court fees, and photocopying costs. You can view our additional costs page for examples where additional costs might be charged and their cost, and or the likely cost.
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Please contact our clerk team for more information about the estimated work and costs involved. Once your instructions are accepted, you will be sent a Client Care Letter setting out the estimated work involved, the relevant fees, and anticipated timescales of key stages of work. All fees are inclusive of VAT (where applicable).
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Our barrister’s fees are normally payable in advance.
Can I get Legal Aid?
No. Barristers cannot take on direct public access work under Legal Aid (public funding).
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Eligibility for Legal Aid is calculated on your financial eligibility, you can use the calculator on the Ministry of Justice’s website, to check your eligibility.
https://www.gov.uk/check-legal-aid
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Are all cases suitable for direct public access?
No. Not all cases will be suitable for direct public access. After reviewing your case, our barrister might advise you that it is in your best interests to instruct a solicitor. This might be, for example, if you are likely to be entitled to legal aid, or because the case is very complex, or because of the amount of litigation that is likely to be required, and you wish to undertake the litigation yourself. Our barristers can advise you on how to conduct litigation in the case, or recommend, a firm(s) of solicitors, or other professionals, who may be able to help you.
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Areas of law which, can be well suited to direct public access include crime (including motoring offences), regulatory matters, commercial and contractual disputes, employment and discrimination, family, immigration, and property litigation.
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If, on reviewing your case, our barrister forms the view that if you are to undertake litigation in the matter yourself, it may prove problematic for you, or the matter is extremely complex and would benefit from a team handling your case, they will advise you whether it would be in your best interests to instruct a solicitor. In such circumstance, he or she will no longer be able to act for you, other than on the instruction of a solicitor. If this happens, however, the barrister will be happy to suggest to you solicitors specialising in the relevant area of law.
How do I instruct a barrister at LSLC Chambers?
Our barristers at LSLC are authorised to practice as Public Access Litigation Barristers, which means they may act for you at every stage of your matter, from the beginning to its conclusion. If after reading all of the above information, you consider you would like to instruct one of our barristers under the Public Access and Litigation Scheme, upon receiving your enquiry, we would normally come back to you as soon as is practicable, to confirm our barrister’s availability and whether or not we are able to assist you.
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Our Public Access and Litigation Barristers can do the following:
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Take on your case from start to finish, including advising you and representing you in court or elsewhere.You can decide what the Barrister does for you, and what you do yourself.
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Advise you or your business, either in conference or in writing
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Draft formal court documents
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Advise you as to the evidence that you will likely need in your case
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Represent you in the Courts and Tribunals
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Attend formal meetings with you
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Engage in correspondence for you or on your firm’s behalf
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Take responsibility for the management of court proceedings and put him/herself on the court record as being able to accept formal notices for you and issue court proceedings on your behalf, investigate your case and interview witnesses
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Instruct experts directly.
At our initial conference with you, you must bring with you the following ID:
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A qualifying photographic identity document, such as your current passport or other national identity card or a new form of driving licence (with a photograph); and
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a recent utility bill, bank or building society statement clearly showing your address, and dated within the last 3 months.
The fees due for this initial conference will be clearly outlined to you in advance of the meeting and you will be asked to settle payment, prior to or at the initial conference, by Cash, Debit or Credit card, or Bank transfer.
What happens after you have instructed a barrister
The agreement is between you and the Barrister; it does not, unless otherwise indicated, cover anyone else.
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We will arrange with you and our barrister, an initial conference. During this conference, key dates etc, will be discussed in relation to your particular matter. For example, there will be, key time limits in relation to making any legal claims or defence, to be considered, or currently going through the courts. In some cases, this initial advice can instead be conducted, over the telephone or remote, via for example, a Zoom or Teams conference.
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Because every case is different, and will turn on its own facts and circumstance, it will not be possible to explain exactly what will happen. However, we will always be able to advise you about the procedure and process involved in your case, including giving you an idea of the key stages and an estimate of cost.
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At the first conference, or as soon as practicable afterwards, you can expect to receive a client care letter, which outlines some initial advice about how to contact your barrister, what the next steps are, information about data protection, and more.
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In line with all professionals, we are required by the BSB (our regulatory body) to keep proper records of our clients and comply with statutory regulations. Information provided to us will be kept strictly confidential and will never be released by us without your authority, except for very exceptional reasons where we are required to disclose the information.
For our complaint’s procedure, click the link complaints-procedure