As a Public Access Barrister, I can represent you in court without the need for you to instruct a solicitor. If we work together on this basis, it means that I will be supporting you directly. In this article, I shall explore what this means and how this working relationship will work including expectations.
All Barristers, including those who provide public access services, are subject to the rules set out by The Bar Standards Board (BSB). You can see more about their guidance in the BSB Handbook.
As part of my duties, I will ensure that you have a client care letter which sets out the terms of my instructions, fees, and what to do if you are not happy with any part of the service you have received, including:
- Clear fee arrangements and an estimate of costs or the fixed fee applied to your services.
- Clarity as to when I may or must stop providing services.
As a Barrister, I am not permitted to handle any money on your behalf. I am only able to take receipt of the fees for the services I provide to you. Therefore, if you have obligations to send or receive money as part of your case, you must deal with these without my involvement.
Services that I can provide to you
I can provide a wide range of services, including:
- Providing legal advice and guidance and of process and procedure
- Draft legal documents
- Prepare witness statements for you
- Advise you on the suitability of experts and instruct them on your behalf
- Representing you in court
- Negotiate terms of settlement for you
Instructing Me
There are some steps that you need to take to ensure that I can provide services to you and in the best possible way. See the BSBs Handbook for Lay Clients. Here are the core requirements that you need to be aware of:
- Be very clear about what you would like me to do.
- Consider one or more of the services I have set out above.
- Be clear about what the issues are and who is involved.
- Know that I cannot conduct litigation on your behalf (act as your solicitor to manage your case including issuing of proceedings, pre-action steps, documentation management and disclosure etc.)
- Tell me clearly that you are wanting to engage with me as a Public Access Barrister.
- Provide evidence of your ID (if we have not worked together before or there has been a long time since last working together).
- Tell me if you have instructed solicitors to support you with your case and if I have permission to contact them directly.
- Provide me with all documents and evidence, letters, emails, and other forms of communication so that I fully understand what has been happening. It is always helpful to have a summary document so that I get the issues and know where to look for key points and information.
Is instructing me as your Public Access Barrister the right option?
As a Public Access Barrister, you will retain the responsibility of managing your own case. This means that you will need to:
- File your own documents
- Contact witnesses and collate evidence
- Instruct experts (unless you ask me to do this)
- Pay court fees
- Communicate directly with other parties and/or their lawyers
In addition, you will need to be satisfied that your case is suitable for working with me on this basis. The scheme is designed to help you with straightforward matters not complex issues where you may need the assistance of a Solicitor. See the Legal Services Board guidance for Lay Clients.
I shall advise you if your case or situation is not suitable and keep you updated as to when I will need to stop providing services under this scheme.
How do I get Started?
If you have considered that working with me on the Public Access scheme is the right option, contact me and we shall arrange an initial call to discuss your matter and next steps. If you decide to proceed with instructing me, I shall confirm the next steps and provide you with an estimate of my costs.
To arrange an initial call, please contact me directly by calling 02073531746 or via email: clerks@simanajma.com.
