Under the licensed access scheme, barristers at Hardwicke can accept instructions from professional individuals and organisations granted a license by the Bar Council. For more information about licensed access please see the Bar Council website.
All instructions received under the licensed access scheme will be accepted on the basis of the Bar Council’s licensed access terms of work. Please contact the practice management team if you have any queries.
Some barristers at Hardwicke are registered to provide legal advice and representation under the public access scheme which enables a company, an association or an individual to instruct a barrister direct. For further information please see the Bar Standards Board’s Public Access Guidance to Clients.
What are the advantages of instructing a barrister direct?
In cases that are suitable for public access, direct access to a barrister is an efficient and cost effective way of obtaining legal advice or representation without any unnecessary duplication of fees. By way of example, our barristers can provide you with direct expert legal advice; draft agreements, correspondence and instructions to experts; assist with the statements of litigants and witnesses; negotiate on your behalf and attend without prejudice meetings; draft formal court documents and represent you in court or in a tribunal.
Is my case suitable for public access?
Some cases may not be suitable for public access. Barristers are not able to offer a service of general management for a client’s legal affairs, or the administration of a case, or handle client money. None of our barristers are authorised to conduct litigation and so if your case leads to litigation you will need to be able to tackle certain tasks yourself as a litigant in person. These tasks include issuing proceedings, adherence to some time limits, disclosure of documents and communicating with the court and other parties. If you are unsure that you feel able to deal with such tasks, you should consider if it would be better to have a solicitor assist you with the case.
Unfortunately, you cannot instruct a barrister directly under legal aid. If you anticipate requiring legal aid you will need to instruct a solicitor who has an appropriate legal aid contract.
How do I instruct a barrister?
If you are considering instructing a barrister at Hardwicke, please complete our online enquiry form.
If you would like to contact one of our trained public access practice team, please email publicaccess@Hardwicke.co.uk
Fees and charges
Depending on the type and scope of the work required, the fee will be either a fixed fee for specific work which we will agree in advance or an agreed hourly rate for the time spent undertaking work for you with an estimate of the likely time. If there is a hearing we will usually agree a fee with you to cover the preparation and time in court. All the fees will have VAT added. Factors affecting how much it will cost include the time the work will take, the seniority and experience of the barrister, the amount of paperwork to read; the complexity of the issues and what you would like the barrister to do.
We will give you a clear written quote specifying the work the barrister will do before undertaking the work. If following the initial work further legal assistance is required, the work and fee will be agreed with you in advance and confirmed in writing. We will usually ask for the payment of any agreed fee in advance of the work being done.
In addition to professional fees, there may be costs to be paid, such as travel or accommodation or other incidental expenses. VAT will be added if applicable.
Do I enter into a contract with the barrister?
Yes. Once instructions have been received and a fee agreed you will receive a client care letter and terms of engagement which you must sign and return. It is important that you read and understand these documents as they form a contract between you and the barrister.