Members of the public and companies can instruct barristers under the Bar’s Public Access scheme without instructing a solicitor. Public Access is sometimes referred to as Direct Access. You can be advised through the legal process by the barrister alone, rather than instructing a solicitor.
What a barrister can offer
All Public Access barristers can provide:
- Specialist legal advice – for example the merits on your case, next steps in a range of disputes
- Drafting legal documents such as correspondence, formal court documents
- Providing specialist representation and advocacy before Courts and other Tribunals including Mediation
They pride themselves on offering a flexible, approachable service and are happy to assist at any stage of your matter, whether that be at the first stage whereby you need some advice on what to do next or whether you need assistance right at the last stages with representation or anything in between.
They offer an accommodating approach to carrying out instructions. Providing advice, for example, can be offered face to face, by telephone, email or remotely using software such as Teams. If you have any special requests please just let us know.
Who can instruct
Businesses, individuals, charities and other organisations.
What a barrister cannot offer
Most barristers at Tanfield are not licensed to conduct litigation. That expression has a special meaning under the Legal Services Act 2007. It does not mean that your barrister cannot argue your case for you. However, it does mean that your barrister cannot do certain things on your behalf, including any of the following:
- Issue proceedings or applications
- Pay court fees
- Provide their chambers as the address for service of proceedings
- File documents at court/ serve documents on another party
- The day to day running of your case
You can ask a barrister to advise you on how to handle these matters yourself but there is likely to be a charge to cover the barrister’s time for giving that advice.
If you think you will have difficulty in handling the conduct of litigation on your own behalf, it is not appropriate for you to use Public Access and you should use a solicitor to conduct the litigation for you. Ultimately, you will have responsibility of the running of your case. Not every case is suitable for Public Access.
If you are a member of the public, the Bar Standards Board’s Public Access Guidance for Lay Clients is available here. This will help you to understand how the Public Access scheme works.
How to instruct
Public Access Form
If you wish to instruct a barrister at Tanfield, please complete our Public Access enquiries form.
How does it work
Firstly – you would need to fill in the above form. You will then be contacted within approximately 48 hours with an update. If there are any deadlines please do make it clear on the form. If anything further is required from you at any point you will be contacted.
Secondly – your matter will be passed onto suitable counsel. You will then be contacted to confirm whether counsel can assist and, if so, a fee estimate for the required work and the turnaround estimate.
Thirdly – you would need to formally instruct counsel. Money Laundering Regulation checks will need to be completed – you will need to provide us with certified copies of your identification, have a signed client care letter in place and be in cleared funds prior to any work being carried out.
Fees
Fee arrangements for barristers at Tanfield vary depending, for example, on the area of practice, the seniority of the barrister, the volume of papers and the complexity of your case.
You will be provided with a quotation and will need to agree our fees with you in advance of any work being undertaken.
Unless otherwise specifically agreed in writing, barristers at Tanfield only accept instructions from Public Access clients on the terms set out in an agreed client care letter.
Timescales
Timescales for our services may vary depending on factors such as barristers’ availability, the complexity and value of your case, the need for additional documents and the approach of the other side.
As a guide, written advice on your case will be available within two to four weeks where possible. For court hearings, we would ideally need two weeks’ notice of the hearing date, however we appreciate you may also need representation at short notice and we will endeavor to assist as best as we can.
Regulatory
Barristers in chambers are regulated by the Bar Standards Board. You can search the Barristers’ Register on the Bar Standards Board’s website. Alternatively, you can contact the Bar Standards Board on 020 7611 1444 to ask about this.
Languages
Tanfield enjoys the advantage of having a number of barristers who speak foreign languages, including French, German, Spanish, Portuguese, Italian and Russian.
Equal Opportunities
Tanfield’s Governance Board ensures as far as reasonably practicable that Chambers as a whole, its committees, members, pupils (including mini-pupils), squatters and staff comply with paragraphs 305.1 and 305.2 (as amended) of the Bar Code of Conduct which prohibit any form of discrimination or harassment, whether direct or indirect, against any person on the grounds of race, colour, ethnic or national origin, nationality, citizenship, sex, sexual orientation, marital status, disability, religion or belief and in the case of age only where objectively and reasonably justifiable.
Tanfield has an Equal Opportunities Committee which monitors and reviews the implementation of its policies. Chambers takes diversity seriously and most recently undertook diversity monitoring in November 2019. The data is available to view here.
Complaints
Tanfield is proud of its reputation for providing excellent client service. However, we recognise that there may be times when our service falls short of expectations, despite our very best efforts. We encourage ongoing communication with our clients so that any issues can be identified and resolved as early as possible. We maintain a formal complaints procedure to assist with the appropriate handling of any complaints. Should you wish to bring a formal complaint to our attention, please contact the Chief Executive, Walter Womersley, in the first instance. A copy of our complaints procedure can be viewed by clicking here.
As detailed within our complaints procedure, you may have the right to complain to the Legal Ombudsman (“the LEO”). Clients can complain to the LeO if they are unhappy with the final response to their complaint, or if their complaint has not been dealt with in 8 weeks; and clients who have a right to complain to the LeO are individuals and, broadly speaking, small businesses and charities.
The full list of who has a right to complain to the LeO is available on their website and here. You must complain to the Legal Ombudsman either within one year of your barrister’s actions/failure to act, or no later than one year after you should reasonably have known there were grounds to complain.
You must also complain to the Legal Ombudsman within six months of receiving your barrister’s final response to your complaint.
More information about the Legal Ombudsman is available on their website: https://www.legalombudsman.org.uk/
You can also search the decision data on the LeO’s website which you can access here.
