# Instructing a barrister directly

> Public Access, also called direct access, lets you instruct a barrister without a solicitor. What it covers, when it is not suitable, how to start.

Source: https://www.imranshafikc.com/public-access

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# Instructing a barrister directly

Public Access lets you instruct a barrister without going through a solicitor first. He is on the Public Access register and can be instructed this way.

[Check his entry on the Barristers' Register](https://www.barstandardsboard.org.uk/for-the-public/search-a-barristers-record/the-barristers-register.html)

## The one limit that matters

A barrister instructed directly is **not authorised to conduct litigation**. That means he cannot be the person on the court record, cannot issue applications in your name, cannot serve documents for you and cannot correspond with the court as your representative. Those are a solicitor’s functions and he is not a solicitor.

In practice that means you do the administration and he does the law and the advocacy. For some cases that works well. For others it does not, and he will say so rather than take the instruction.

## When it works

- You want advice on where you stand before deciding anything
- You need representation at a specific hearing
- The case is document-light, or the papers are already gathered
- You are able to handle the correspondence and the paperwork yourself
- You want a second opinion on a case someone else is running

## When it does not

- You are in custody, or the case is moving faster than you can manage the paperwork
- There is a great deal of material to gather, serve and schedule
- You need someone to issue applications and correspond with the court on your behalf
- The case needs investigators, experts instructed, or witnesses traced
- You would be eligible for legal aid, which cannot be used for Public Access

If your case is one of these, the honest answer is that you need a solicitor, and he will tell you so. He is regularly instructed by solicitors and can be brought in that way instead.

## How it starts

**You get in touch** A message or a call. Say what you have been charged with or what you have been told, and what stage it is at. Keep it brief at this point.

**Chambers check for a conflict** Before anything else. If he has acted for someone else in the same matter he cannot act for you, and it is better to find that out in a day than in a month.

**You are told the scope and the fee** In writing, before any work starts: what he will do, what he will not, and what it costs. See the fees page.

**He is instructed** A client care letter sets out the terms. From there he does the work agreed and tells you if anything changes it.

Regulated by the Bar Standards Board. Authorised to accept Public Access instructions. Not authorised to conduct litigation.

Not sure whether you need a solicitor?[Read this first](https://www.imranshafikc.com/do-i-need-a-solicitor).