36 Bedford Row
London
WC1R 4JH
dx: 360 LDE
t: +44 (0)20 7421 8000
f: +44 (0)20 7421 8080
chambers@36bedfordrow.co.uk
Chambers opening hours:
08.30 - 18.30
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Public Access
Public access has revolutionised the work of a barrister. Before the introduction of public access it was generally necessary to engage the services of a solicitor before a barrister could be instructed.
Now, under the Public Access scheme, it is possible for a member of the public or a corporate client to instruct a barrister directly without going to the additional expense of engaging a solicitor as well.
In the past a barrister dealt directly with a solicitor. Now, with the advent of public access, a barrister’s direct client may be a member of the public or a corporate client.
We recognise the potential savings to clients under the public access scheme. However it is our intention only to undertake public access work where the extra charges of a solicitor may safely be avoided. We continue to work in tandem with solicitors when the client needs one on board.
What can we do? At 36 Bedford Row we provide help before as well as after any dispute. We can draft contracts, standard terms and conditions, partnership deeds, share agreements and other documents for all business purposes.
We are also able to provide a litigation risk analysis by auditing your existing legal documents and workplace schemes and giving advice as to how we think they could be improved. In the long term this could be money well spent.
Once a dispute arises we are able to provide all the legal services traditionally expected of a barrister: advice, pleadings, settling witness statements, drafting application notices and, of course, advocacy.
What can’t we do? There are limitations on what we are permitted to do under the public access rules by our professional body. These limitations are set out in more detail below. One such limitation is that we are unable to undertake the regular management of a client’s affairs. That is generally the proper work of solicitors.
Barristers within Chambers have experience of litigation at all levels within the jurisdiction, whether in a local County Court or in the House of Lords. Some barristers have overseas experience. Many of our barristers have experience representing clients at mediation and arbitration. Some of our barristers are also qualified mediators and arbitrators.
We are one of the largest Chambers in the country with specialisation in the following broad areas of work: criminal, family, commercial, employment, agricultural services, public law, property, planning and environment, professional negligence and personal injury.
You are likely to find a barrister specialising in the area of law that is the subject matter of your dispute. Please telephone the clerks in Chambers or log on to the Chambers web site at www.36bedfordrow.co.uk for more detail about the areas of specialisation within Chambers. If you have any questions or would like some further information, please telephone the clerks in Chambers.
FREQUENTLY ASKED QUESTIONS
What is Public Access?
Barristers in independent practice are regulated by the Bar Council both for the protection of the public and the better administration of justice. We are sole practitioners although we work together in Chambers. This is for administrative reasons, although it also allows us to offer a range of services by referring clients or prospective clients to colleagues in Chambers who may be specialists in areas in which we are not.
The Bar Council’s Code of Conduct governs what barristers can and cannot do, and the Public Access Rules are part of that Code of Conduct. Like all barristers in private practice, we are subject to the requirements of the Code of Conduct.
The Public Access Rules themselves exist in order to remove unnecessary barriers to the provision of barristers’ services and in order to save costs. Under the Public Access Rules barristers can perform exactly the same work which they would ordinarily carry out for a professional client such as a solicitor.
What can a barrister do under the Public Access Rules?
A barrister can give legal advice about a question, or draft a contract or other agreement. They can provide an initial approach to a problem and direct a client towards how to avoid or, if necessary, how to approach any prospective litigation. They can negotiate or mediate on a client’s behalf. They can even provide full advocacy services, although this is most likely to be appropriate only if the facts are not in dispute, such as at a planning inquiry, before tax commissioners or at any appeal hearing. There are many other examples of the type of work which we can perform for clients.
What is a barrister unable to do?
Barristers are not allowed to undertake services for which they are unsuited by reason of their training or their infrastructure. The Public Access rules do not allow barristers to offer additional legal service functions from those which they have traditionally provided.
This means, in particular, that barristers are expressly prohibited from undertaking the general management or administration of a client’s affairs. In other words he or she cannot be asked to have the general conduct of a client’s day-to-day business.
Is the barrister unable to act for me in the course of any litigation?
When it comes to litigation, there is a clear distinction between what a barrister can and cannot do, reflecting the position which Parliament has laid down in statute. The distinction is more difficult to work out in practice. Whilst a barrister can give advice to the client to help understand what steps to take in order to progress his or her case at any stage, a barrister cannot personally handle or conduct the litigation.
For instance, a barrister cannot investigate or collect evidence for use in any court (although witness statements may be drafted) and a barrister is not permitted to enter into correspondence with another party (although he or she can draft letters for a client). Moreover a barrister is not allowed to instruct an expert witness or accept personal liability for any payment of any costs or expenses.
When litigation is in progress, there are some obligations which a party has which exist throughout the action. For instance, a party is under certain duties to disclose material which may be adverse to his or her case or which may help an opponent. In addition, it is necessary continually to ensure that any deadlines are complied with (the ultimate sanction being the dismissal of a party’s case).
These sort of obligations are ones which the Public Access Rules says that a barrister cannot undertake. Indeed, a barrister may say to a client that his or her best interests, or the interests of justice, are such that the client should engage a solicitor or other professional client.
At 36 Bedford Row we undertake some tribunal and inquiry work under the Public Access Rules.
Are there any specific areas of law in which a barrister cannot act?
The Public Access Rules prevent a barrister from accepting direct instructions in connection with immigration, asylum or family proceedings.
In criminal proceedings a barrister may advise or draft documents once proceedings have already been commenced. They can provide any services directly in connection with proceedings before the European Court of Human Rights, the Courts of the European Community, or indeed before any English or Welsh appeal court (except on an appeal against conviction to the Crown Court).
If I engage a barrister under the Public Access Rules, will the barrister always be available for me?
Naturally we hope to build long-term relations with clients. However, the reality for most of us is that there will be periods when we are difficult to contact. Typically this will be when we are acting as advocates. Advocacy means hard work in preparation before and after the ordinary day’s hearing as well as at the hearing.
Barristers in independent practice are individually responsible for what they do. This means that we do not engage agents to act on our behalf when we are unavailable. The use of e-mail and other electronic means of communication allows us to do our best to keep in touch, but you will have to bear with us if there are times when you cannot reach us when you would like to.
If you engage the services of a barrister, this does not mean that he or she will always be available to undertake future work in respect of the same matter. Other professional commitments (typically court engagements) mean that we may be unable to help when you want us.
36 Bedford Row is a very large set of Chambers and we have an effective if relatively informal referral service between barristers. If one of us is not available there will generally be another who will be able to take over. He or she will inevitably discuss the matter with counsel previously retained (you will not incur any fee for this).
What is my position if another party has referred me on to you?
On occasions a third party intermediary refers a client to a barrister for some work and agrees to meet the barrister’s charges. Examples include a financial advisor who wishes a will to be drawn up or a surveyor who wants a Party Wall Act Notice drafted.
Where a barrister is instructed by an intermediary the barrister has a completely independent role and has no liability for the acts and omissions of the intermediary. The intermediary is always the client’s agent and not the barrister’s.
Different payment mechanisms will be appropriate for different forms of intermediary instructions.
Where a barrister is asked to undertake work which is connected with litigation the client is likely to have a direct liability to meet the barrister’s charges even though the barrister may have agreed with the intermediary that the intermediary must pay. This is to protect the client, since without such an agreement, the client does not have the chance of recovering the cost of the barrister from the opposing party.
In cases not involving litigation the barrister may expect payment only from the intermediary. If this is the position, then the barrister owes professional duties to both the client and the intermediary.
What about public funding?
If you wish to consider for any reason whether you might be eligible for public funding (legal aid) then you must contact a solicitor. Questions about the availability of public funding are not within a barristers’ normal expertise.
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Members specialising in Public Access:
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Click names for full CVs
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Alphabetical list
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