Advantages of Direct Access
- You have a direct line of communication with your barrister, and his expert knowledge and experience.
- You will save money because you are not paying for a solicitor.
- Costs are reduced (because there is no solicitor) and agreed in advance so you know exactly how much you are going to pay.
- You get a tailor-made service, with as much or as little help as you want; some people are just after a second opinion by way of a phone call, or help with writing a letter, others want representation at a trial or other hearing.
Examples of Direct Access Cases
- Advice and advocacy in court and tribunal hearings: I can represent you at trial, disciplinary or other tribunal or hearing, and help you to prepare for it (whether he represents you at the hearing or not).
- Pre-charge advice to those who have been arrested but not yet charged.
- Drafting correspondence and legal documents. For example, writing to the Crown Prosecution Service to suggest a review of the decision to charge.
- Advice on prospects of fighting a case; opinion as to strengths of the evidence and likely sentence.
- Advice on how to comply with legislation, money laundering regulations, and other matters of regulatory compliance.
- Advising on trial and other litigation strategy.
- Provide a second opinion.
- Advice on appeals against sentence and conviction from any court or tribunal.
- Interpretation of the law.
- Road traffic cases such as speeding and drink driving, special reasons.
- Help to draft correspondence; I’ve drafted letters for clients, for example,
- A letter to the Crown Prosecution Service asking for a review of the decision to prosecution, or not to prosecute.
- A letter offering a ‘caution’ as an alternative to prosecution.
- A letter of mitigation for a client to use when pleading guilty to driving offences in the Magistrates’ Court.
Direct Access Barristers are not allowed to:
- Issue court documents on your behalf (but they can help you to draft them).
- Contact witnesses or collect and investigate evidence themselves.
- Instruct an expert witness on your behalf.
- Handle your money.
Not every matter is suitable for public access work, and in some cases it may be necessary – or become necessary – to instruct a solicitor; I will advise if this is the case, and can recommend leading solicitors with whom he has worked.
Some more general information can be found at :
http://www.barcouncil.org.uk/instructing a-barrister/public-access/
