Sometimes the best way to fix a legal problem is to get specialist legal advice. For example, depending on the problem at hand you might need someone to represent you in court. In those cases a lot of us start to think about barristers alongside side us in the courtroom fighting our corner. People often don't know that you can approach some barristers for a one-stop-shop service - from start to finish.
This could include advising you about legal rights and drafting and sending documents for you, right through to representing you in tribunals, mediations, or at court. In the past if you needed a barrister's advice you would go to a solicitor first, who would then instruct a barrister for you. A few years ago some changes were made to the rules about how barristers can work which made it easier to go directly to a barrister if you wanted to.
You would still have had to do all the tasks a solicitor would have normally done though if the case went to court. Times have changed. The regulator for barristers — the Bar Standards Board — has now made it possible for some barristers to work directly with you, as their client, from the start to the finish of your case. These barristers are known as Public Access barristers.
So what does all this mean? Using a solicitor and a barrister is preferable for many people, especially in complex cases where additional assistance is required.
The solicitor normally covers the transactional parts of the case, before it is passed on to the barrister. When instructing a barrister without a solicitor, the client may have to do some of the legwork themselves, such as filing documents with the court, which can prove challenging. Moreover, not all work can be done by a barrister, so a solicitor is often necessary. If you are unsure whether your particular case is appropriate for a Public Access barrister one who works directly with clients, without a solicitor , then contact the barrister or their chambers to discuss your circumstances.
You may be advised that it is best to enlist the help of both a solicitor and a barrister for your case. It is against the rules for a barrister to act on behalf of a client through Public Access when they know the case is not suitable for it. If you wish to approach a barrister directly for advice or representation, rather than going through a solicitor first, then there are several factors to consider. First, you must select a barrister who is allowed to take on Public Access sometimes referred to as Direct Access clients, as authorised by the Bar Standards Board.
Not all barristers are authorised for Public Access, as additional training is required. Any barrister who has been disbarred or is not registered will not appear on the database.
Bear in mind that in order for a barrister to give legal advice, they must have a valid practising certificate issued by the Bar Standards Board. This must be renewed once a year to remain valid. There are several elements to take into consideration when choosing a barrister, including their areas of specialism, services provided, and, of course, fees.
If you have decided to go down the Public Access route and instruct a barrister yourself, the most important aspect when choosing a barrister who is right for your case is to check their areas of specialism. Barristers practice in specific areas of the law, which means you should look for one who has the particular expertise needed to properly handle your case.
You can search online for a chambers which specialises in the type of legal work you need and then contact the Senior Clerk directly to find an appropriate barrister for your case. Pro bono work is an important aspect of the professionalism of the ACT Bar. Most barristers undertake pro bono work, and some barristers have indicated that they are willing to do pro bono work for clients.
Each barrister has discretion as to who he or she is willing to represent free or for a reduced fee, and in what circumstances.
Barristers are also able to accept a brief on a conditional basis. That is, a client is required to pay only if the matter is resolved successfully. Skip to content.
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