Can you instruct a Barrister directly?
As a general rule, if your case falls into one of the following categories you should be able to instruct a Barrister on Public Access:
- You need legal advice and analysis
- You are engaged in a course of correspondence
- You want work carried out before litigation starts
- You wish to negotiate with the other side
- You wish to appeal
- You are engaged in a hearing before a tribunal
- You wish to avoid litigation altogether
- You wish to engage in Mediation
- There will be a trial without many, or any, issues of fact
- The case involves points of law rather than fact
- The case is not contentious at all, but requires advice or drafting of a letter or document.
Barristers still work closely with many firms of solicitors in the cases which are not suitable for Public Access. They also recommend a solicitor to you for some stages of a Public Access case, such as issuing and serving claims, instructing experts, handling your money or interviewing witnesses. However, there is much work that Barristers can conduct for you before it becomes necessary to instruct a solicitor.
James Corbett QC
Andrew Granville Stafford