DIRECT PUBLIC ACCESS

IMPORTANT INFORMATION FOR MEMBERS OF THE PUBLIC INSTRUCTING COUNSEL DIRECTLY

Public-Access-Guidance-for-Lay-Clients.pdf

GRSC members accept direct instructions from members of the public and instructions from solicitors. We are a friendly, down to earth bunch, who are experienced in accepting public access instructions. Some notes for direct / public access clients;

Solicitor required

• There are circumstances where a solicitor is required as opposed to instructing under public or direct access. All members of chambers respect their solicitor colleagues and are more than happy to work with them or be instructed by them. Please note that Peter does conduct litigation work.
• Solicitors tend to do more 'hand holding' than barristers and undertake more of the day to day litigation role. Whereas barristers tend to have specific conferences booked in (to give specialist advice), and are more likely to be in courts and tribunals, solicitors are more likely to do the general calls and client handling. Clients who require a solicitor, please instruct one. You can request that the solicitor instructs Counsel at GRSC if you wish.
• If a barrister considers that you require a solicitor, they have to withdraw from your work until you instruct a solicitor (at which point they can be instructed via that solicitor). This is not a reflection on you personally, it is the barristers' professional duty.

Direct access

• Direct access is available for clients who are capable of managing their case themselves and who are capable of giving coherent, consistent instructions.
• An agreement may be terminated where a client cannot do so. A barrister has to withdraw from accepting instructions if the client cannot give coherent instructions. It is a professional requirement.

Conduct of litigation

• Counsel does not conduct litigation. The exception to this is Peter, who is licensed to conduct litigation.
• Where a client considers they can undertake the litigation aspect of the work, for example the admin side - one example is filing and serving documents - they can instruct the other members of chambers.
• Members of chambers can also work alongside Peter if you wish.

Abuse is not tolerated

• Amanda expects that members of Chambers are treated with respect in their place of work (which includes calls, video call, in person conferences, emails and during hearings). Abusive conduct - including personal / offensive personal comments to counsel or rude comments - may result in termination of the agreement (this is at the barristers' discretion).

Counsel's professional duties

• Counsel has to abide by professional duties including (this is not an exhaustive list) - when giving advice that it is - honest advice (even if it is negative), flag if it becomes apparent that the client needs a solicitor, be able to take coherent instructions from the client at all times, not mislead the court for example lie for a client, and must act in the best interests of the client within the confines of their professional duties.

Implied into the contract

• Upon instruction of any member of GRSC it is implied into the contract that you have accepted that the barrister will abide by their professional duties and you as the client will give the barrister the respect he/she should have in their working life. 

Negative advice / weak case

• Upon instruction of any barrister it is implied that you accept that counsel may give you negative advice and may lose your case. Lawyers are also constrained by some requirements of their profession, and must act in accordance with their professional duties at all times. Lawyers can give advice and guidance on chances of success, but cannot guarantee that success. Lawyers can review your case and advice, but cannot give you false promises - they cannot tell you that you will win if in reality there is any risk you shall lose.

Non-refundable

• Please note there is no refund under any circumstances; the work is non-refundable and by signing the contract you agree that the fee is non-refundable even if the advice is negative or you lose your case.

Working practice

• Please note that the agreed work defined in the client care letter is the entirety of the work that shall be undertaken unless and until a new agreement is agreed and signed.
• The client care letter and the invoice must be paid before any work is undertaken. Clients will need to send a copy of passport / driving license, copy of utility bill and bank statement (with the information redacted apart from their address) to counsel for their records.
• Counsel is at liberty to keep copies off all documents and correspondence for their own records.
• Counsel working under direct access / public access shall make themselves available as defined in the client care agreement. However, they are not available outside of that agreement, otherwise unless agreed with them.
• The expectation is that you can self-manage, undertake some admin level work yourself and are fully capable of giving coherent instructions. If you cannot do this, you will need to instruct a solicitor or seek assistance from a third party (for example friend, family member).
• It is expected that you will not be constantly emailing, or contacting counsel other than supplying what is requested and in respect of abiding by the client care agreement. If you want counsel to constantly read emails and respond, or undertake any further work, that time must be paid for - it is envisaged when the fee is quoted that whatever work you require is set out in the contract.
• If you expect more than what is set out in the agreement, you must flag it before the agreement is signed and the fee is paid. Otherwise both parties are bound by the agreement.
• When you require additional contact or emails, you must specify that before the client care letter is signed and the fee will be adjusted to include that work and reflect the expected frequency and depth of contact.

Excessive contact

• If the contact becomes excessive, it may indicate you require a solicitor and you are not suitable for direct access instructions.

Your conduct is expected to be professional towards barristers at all times, and in return our conduct towards you shall also be professional, though we may share anecdotes or personal information to develop rapport with you. Of course, it is expected that you shall openly express your opinion and emotions, may well curse at times, and may become frustrated, but contact which is abusive, harassment or inappropriate may lead to termination of the agreement.

Other

Anyone who raises a false complaint, or makes a false report including publishing any untrue remark about members of GRSC: A member of chambers and/or chambers has the right to claim their fees for the time it takes to respond to false complaints and false reports. Where people publish false information about members of chambers or chambers, that member and/or chambers has the right to take action against that person, including - where appropriate - for defamation (and to charge for their time and a seek minimum damages at £2,500). Please note - we have not had to do this previously.