Can I instruct a barrister directly?

Asked by: Prof. Sage Douglas PhD  |  Last update: August 7, 2022
Score: 4.4/5 (42 votes)

If you have a solicitor who is also working on your legal problem, they will instruct a barrister for you. If you do not have a solicitor working for you, you can go directly to a barrister yourself if they are a “Public Access” barrister.

Can a barrister be instructed directly by any member of the public?

"Barristers can now be instructed direct by members of the public. This means that you are only paying for a single legal representative" Traditionally if you wanted to instruct a barrister you would be able to do so only through a solicitor (i.e. the solicitor would instruct the barrister on your behalf).

How are barristers instructed?

The instruction of commercial barristers is arranged through clerks in chambers. Barristers' clerks manage the practice of individual barristers practising from the chambers and they will be happy to answer questions in relation to potential instructions.

What is direct access to a barrister?

What is a Direct Access Barrister? A Direct Access Barrister enables those who have the time, and who feel able, to conduct litigation themselves, and to have complete control of their case, without being reliant on or having to pay for a solicitor.

How much does a barrister cost for family court UK?

Currently our junior barristers charge between £150 to £300 per hour, and the most senior members charge between £350 to £600 depending on the circumstances of the case. Court Hearings: A barrister's fee for attending court hearings will be agreed with you in advance.

How to instruct a barrister directly

40 related questions found

Do barristers charge by the hour?

Different barristers may charge for their work in different ways. For example, they may charge by the hour, or offer you a fixed fee for a particular piece of work, or how much you pay may depend on whether you win your case or not.

Do barristers charge more than solicitors?

Barristers fees are a completely different issue to those of solicitors. They will often have lower overheads than a solicitor and are therefore able to charge a lower hourly rate.

Can you instruct a barrister without a solicitor?

Direct access barristers

It is possible to approach and instruct a barrister directly without having to go through a solicitor. Barristers can do the following: advise you on your legal status and rights. draft and send documents on your behalf.

Can a solicitor instruct a barrister?

If you have a solicitor who is also working on your legal problem, they will instruct a barrister for you. If you do not have a solicitor working for you, you can go directly to a barrister yourself if they are a “Public Access” barrister.

Why use a barrister instead of a solicitor?

Barristers can be distinguished from a solicitor because they wear a wig and gown in court. They work at higher levels of court than solicitors and their main role is to act as advocates in legal hearings, which means they stand in court and plead the case on behalf of their clients in front of a judge.

What does instructing a barrister mean?

When it is appropriate to use a barrister, the barrister is sent 'Instructions' (when asked to give an opinion on a case) or a 'Brief' (if the barrister is to appear in court).

Who can a barrister accept instructions from?

Members accept instructions from: Solicitors, other authorised litigators, employed barristers and legal advice centres in England & Wales. European lawyers registered with The Law Society and qualified lawyers from other jurisdictions.

Who can instruct a QC?

Appointment as a QC is a recognition of expertise and excellence in advocacy. Barristers can be instructed alone or to form part of a team and their role can be tailored to the client's requirements. Most barristers are individual practitioners who are self-employed.

How much is a barrister paid in UK?

A Barrister in the UK earns an average of £89,400 gross per year, which is about £5,030 net per month. The starting salary of a Barrister in the UK is around £40,300 gross per year. The highest salary of a Barrister in the UK can reach and exceed £200,000 gross per year.

What can solicitors do that barristers cant?

By law, barristers are not able to provide some of the services that solicitors offer. On the other hand, some solicitors do not themselves provide advocacy services. At present only a solicitor may conduct litigation and take the formal steps that are necessary to progress and action.

Can a barrister refuse a case?

However, the cab-rank rule has exceptions, a barrister can refuse instructions if they lack sufficient experience to handle the case or has other professional commitments meaning they would not have enough time to prepare for the case.

Is a barrister worth it?

Being a barrister can be immensely satisfying in that it offers an opportunity to provide the specialist knowledge that can assist a client in obtaining their desired result, and therefore make a real difference to their lives. You are offering advice and representation to clients at a very stressful time.

When would you need a barrister?

If the case needs to go to court, or if more specialist advice is needed, a solicitor will often instruct a barrister to offer expert advice about a specific area of the law, or to go to court and represent you.

Do I need a barrister in Family court?

Legal advice and assistance from a qualified lawyer is usually helpful and recommended however you are not required to obtain legal advice. You can make the application and attend court yourself without legal representation.

How do I find a barrister in the UK?

Find a barrister through Direct Access

If you would like to look into engaging a barrister directly, you can find qualified Direct Access barristers for free on the Bar Council's Direct Access Portal.

Do you need a barrister for Crown Court?

If you are in the Crown Court, you have a complete right to have a self-employed barrister to represent you; you have only to tell your solicitor that that is what you want, and they must then make the necessary arrangements. Your case matters.

Do barristers do no win no fee?

If you have a good case we quickly pass it to a senior barrister who will consider it for no win no fee. A small administrative fee is only payable when we seek a barrister's opinion. If the barrister agrees, he will take on the case on a no win no fee basis.

Are barristers free?

A barrister is usually the most cost-effective way of going through the legal system because they are paid by their work. A solicitor meanwhile will charge by the hour. When you pay a barrister, you are only paying for what you need, such as their expertise and time.

What is a barrister salary?

£40,000 - £90,000. General Civil. £20,000 - £50,000. £40,000 - £100,000. Chancery.

How much does a trial cost UK?

On average, a magistrates' court trial costs £1,700 against £17,500 for one before a jury. The figures, published by the Home Office yesterday, also show prison sentences imposed by magistrates' courts cost on average 20 times more than non-custodial ones, £5,000 against £250.