Barristers’ publications – Barrister Direct – Direct Access to Barristers\' Services

Direct access to barristers: “No Surprises”

Will the barrister tell me what the fees are in advance?

When I am instructed on your case, I like to keep everything as simple as possible. The worst thing in the world is when a client turns to me and says, (after a piece of work has been done) “ oh, I wasn’t expecting you to do that.” Or “ I wasn’t expecting to have to pay for that service.”

I often find that the easiest way to run a case, and to organise a case for someone, is to break it down into manageable sections, and come to an agreement with them before any work is done, about what work is actually being done , and what that work will cost.

Organising in advance like that will mean that no one is surprised by any fees. So everything and all the work done is arranged good time prior to the work being done, and for a fixed fee that won’t catch you by surprise.

Free Initial Consultation – Stuart W Stevens

Well, of course, one of the other benefits is that if you do come to someone and you don’t know whether you have got a case, most people, most barristers I shall say who do Public Access work and are Public Access qualified will sit down and give you a free consultation at the beginning just to access whether you’ve got a case and give you the initial advice. In many occurrences and instances, people will come to a barrister, say “ Do I have a case?” and after looking at it, examining it, they may not have a case. It is one of the first steps in any event. If you are on the fence about whether or not to bring a case, why not use the 15 minutes, half an hour, even an hour of discussions just to see whether that is the case, you can continue with that.

Understanding Inquests, with Stephen Harvey QC – ShenSmith Barristers

What is an inquest?

Inquests and public enquiries are unlike ordinary court hearings, because, as their name implies, they are inquisitorial proceedings, whose primary purpose is to investigate a situation and to arrive at a conclusion. Whether that conclusion concerns the cause of someone’s death in the case of inquest, or a government appointed inspector’s recommendation to a government body, in a relation to a matter of public interest.

Why are inquests held?

Inquests are held in order to establish the cause of death in situations, where the death are not natural causes. Those who become involved in inquests are obviously the bereaved of the person, who has very sadly died, and the person who may be found have been wholly or partially responsible for that death. For example, the driver of the car involved in an accident, in which the decease died. Whichever side the individual is on, they will undoubtedly have a vested interest in the outcome; whether it’ll be an inquest or enquiry, the adversarial skills of an experienced barrister in cross-examining witnesses and making speeches (what lawyers call submissions) to the coroner in an inquest, the inspector of an enquiry, can make or break the case.

Can I bring a barrister into an inquest?

The huge advantage of being represented in either type of the hearing is that the experienced advocate can bring a professional and objective detachment to the case; unaffected by understandable emotion affecting those, who are personally involved, and unaffected by any personal agendas. The independent and experienced advocate is able to put the most persuasive case before the hearing to the very best advantage of the side that he is representing. It cannot be overstated that effective representation during the course of the inquest in particular, can be pivotal if not determinative as to the likelihood of any subsequence proceedings, particular of a criminal nature.

Can an inquest lead to a prosecution?

If a prosecution does follow, then the way which the evidence unfolded and was addressed before the inquest, can itself have a very real and direct bearing upon any subsequence trial. There may also be consequential civil claims by the estate of the decease person, or an injured employee who’s seeking damages. In both inquests and enquiries, continuity of representation is obviously a vital element. And if the case becomes a criminal prosecution, it will involve considerable adversarial skills being required before the jury.

How can I prepare for an inquest?

I have the resources of a team of highly experienced investigators from a variety of backgrounds, who can assist under my direction with the preparation of any case that goes before an inquest. I can assist you with the selection and briefing of any necessary experts that are required.

What Is The Difference Between Litigating And What Barristers Normally Do?

Barristers Wig & Gown - ShenSmith Barristers When the Bar’s public direct access scheme first appeared, it was designed to enable lay clients who could manage their case without the assistance of a solicitor to instruct a barrister directly. It was not intended to let barristers perform the role of solicitors. Barristers were prohibited from “conducting litigation”, which included going on the court record as acting for a client and being the court’s and opposition solicitors’ point of contact for the client. Since 2014, however, barristers who attain the right to act in a “dual capacity” may carry out the functions of a solicitor as as well as a barrister (subject to the rule that barristers may still not hold client money on account). This means that clients can now enjoy a legal “one stop shop” – something which has traditionally been available only in other jurisdictions, such as the USA – for a more streamlined and responsive service.

Does This Mean I Have To Pay The Barrister To Do Everything A Solicitor Would Do, On Top Of The Barrister Work?

Instructing a barrister in a dual capacity does not mean that you have to instruct them to do everything. It is open to the client to continue to do things such as filing documents at court themselves. The scope of the barrister’s work is defined in a client care letter – just as it would be under a normal direct access instruction – so you can be flexible in what responsibilities you want them to take on. You can feel your way as you go, increasing or decreasing the barrister’s responsibilities according to how you get on with managing your case, or leave everything in their hands for a period, because you are going on holiday or have another commitment which requires your attention, then go back on the court record as acting for yourself. If you want a barrister to go on the court record as acting for you, it is likely that they will require an up front contingency payment to cover any work which they may be required (but not specifically instructed) to do as a consequence of being on the court record, though any balance will be refundable at the end of the barrister’s period of instruction.

What Advantages Does The “One Stop Shop” Model Have Over Using A Barrister And A Solicitor?

One stop shop litigation By instructing a barrister in a dual capacity, you will effectively be instructing a solicitor in sole practice who has specialist training and experience in the barrister’s traditional functions: advice; drafting; and advocacy. This means that, every time any of those three services is required, time and money will be saved, as there will be no need for a solicitor to draft instructions to the barrister and wait for them to read those instructions (and and accompanying documents) and revert. Similarly, if the barrister needs more information from you, they can just ask directly, speeding things up and saving costs.

Top Tips when Taking Formal Legal Advice, from barrister Dirk van Heck

Top tips for formal legal include:

It is cost-effective to ‘front-load’ your advice, and get a senior barrister at an early stage.
A written legal advice is advisable, because it will be complete, coherent, and you can refer back to it to see what the terms of reference are.
You can change your barrister at any stage for someone you gel better with, although it is better to stick with a barrister once you have started, as he will have the background knowledge of the case.
Watch the video for full details.