PLEASE PRINT THIS PAGE OFF FOR YOUR RECORDS
It is important that you follow the requirements set out below, so please read these terms carefully. In order to be able to manage the amount of time put into your case, your barrister will need you to adhere to these terms. If you do not and further work is required as a result, you may be liable to increased fees. Should you object to any of the terms you must say so at the outset in writing, otherwise you will be taken to have accepted these terms in their entirety.
The basis on which individual barristers within chambers carry out professional work via PUBLIC ACCESS is as follows:
1. You will instruct an individual barrister personally who will do all the work needed under this arrangement. Barristers are sole practitioners who often practice with other barristers from a set of chambers (barristers’ offices).
2. If for any reason the individual barrister cannot carry out all the work for you, or if he wants to suggest that another barrister carries out the work for you, this may be proposed. If you feel that you would be happier with the services provided by an organisation (rather than an individual), you need to instruct a firm of solicitors.
3. There may be times when the individual barrister's professional commitments clash, in which case he will try to do the following:
(1) Warn you as soon as possible and ask you how you would prefer to continue.
(2) Suggest the name of another barrister (of a suitable level of seniority and expertise), who is willing to accept your case under the same terms as this agreement. You would then need to decide whether you want to instruct that barrister.
The work the individual barrister will carry out:
4. Because barristers carry out all their work personally and they cannot predict what other professional responsibilities they may have in the future, the individual barrister cannot at this stage undertake that he shall be able to accept instructions for all subsequent work that your case may need.
The range of barrister work
5. The range of the work that barristers carry out, includes advising on the law, drafting documents for clients to use, and appearing on behalf of their client before courts or other organisations. Barristers do not handle client money or undertake the administrative management of a case proceeding through a court.
6. Here are some examples:
(1) A barrister may draft a letter for you to send to another person. But a barrister may not conduct a course of correspondence with an opposing party on behalf of a client.
(2) If a witness statement is needed from you, a barrister may draft it from what you tell him or her. And a barrister may also help to finalise a witness statement from another person based on the information that person has provided. But a barrister may not himself actively collect evidence, for example by initiating contact with a possible witness.
(3) A barrister may advise you on the need for expert evidence and on the choice of a suitable expert. But a barrister may not instruct an expert on your behalf.
7. As you are instructing the barrister without a solicitor, you must be sure that:
(1) you are able to do whatever is necessary for those matters that the individual barrister cannot deal with; or
(2) you have made an arrangement with another peron of suitable competence and experience to provide these services for you.
Circumstances when the barrister may not be able to act for you
8. In all barristers' professional work they must follow the Bar Code of Conduct. As a result, if the individual barrister considers that a solicitor needs to be instructed in your own interests or for some other professional reason, the barrister will no longer be able to act for you other than on the instructions of a solicitor. If the barrister foresees that situation arising, he will give you as much notice as possible.
9. If you would like to investigate the possibility of your financial means being such as to bring you within the scope of public funding, you should contact a solicitor who undertakes work for the Legal Services Commission. This is because public funding is generally only available for work carried out for a client by a solicitor, who may in turn instruct a barrister. You can check the LINKS page on this website for more information.
Barrister's availability
10. As barristers carry out all their professional work personally, there will be times when the individual barrister will not be available to you. For example, if he is in court for a day or for several days in a row, he may be totally unavailable to all other clients during that time.
Fees
11. Under these standard terms and conditions, you are responsible for paying the barristers' fees.
12. If you owe any fees and do not pay them for more than three months after you have been given a fee note, interest will be payable at 2% above Barclays Bank base rate from 28 days of the date of the fee note.
13. Unless the contrary is agreed in writing the barrister will charge at £100/hour. This is significantly less than a solicitor who have far higher overheads.
14. Barristers may give fixed quotes (in writing). All fixed fee agreements are subject to the proviso that you will provide the barrister with all ‘information required at the outset’ (see paragraphs 32 to 37 below). Should you fail to do so, and should further input be required by the barrister, you will instead be charged on an hourly basis. If this is the case, the barrister will inform you of this as soon as possible.
15. All fees are due in advance (unless the contrary is agreed in writing) and any ‘brief fees’ (for attending court) are payable in any event once the brief has been accepted (even if the case does not go to court for some reason).
Return of fees or any part thereof
16. Money laundering regulations prevent any barrister returning any fees (or any part thereof) which has been paid to him or her.
Documents
17. It is agreed that unless the contrary has been agreed in writing, the barrister will not return any papers provided to him or her.
No original documents
18. You must not provide any original documents to the barrister. You should ensure that you only send copies and that you retain a copy (or the original) of all the documents for your own records. The barrister cannot be responsible for the safekeeping or return of any papers (originals or copies).
Method of providing papers to chambers
19. Chambers does not accept incoming faxes. All papers should be provided as scanned attachments, or by recorded/registered post or special delivery.
Enquiries of your previous lawyer
20. During the course of each barrister’s standard enquiries, s/he may contact your previous solicitor and/or barrister and it is taken that you consent to the barrister making any such enquiries.
Correct course of action
21. The barrister in your case is not required to advise you of the correct course action, unless s/he is specifically instructed to provide a written advice or opinion on this point, and s/he will simply act in accordance with his or her brief or instructions.
22. It is quite possible that alternative action is required.
If solicitor’s input is required
23. It may be that the barrister’s professional obligations require him or her to withdraw due to the nature of the case and/or need for the involvement of a solicitor, in which case you will only be liable for the fees up to that point.
24. If the facts of the case are complicated and it is likely that it would benefit greatly from the input of a solicitor, the barrister may advise you (at any stage in the proceedings) that s/he will not be able to continue until you have also instructed a solicitor.
Barrister accepting instructions
25. The barrister will inform you of his or her decision whether s/he will accept instructions in your case as soon as possible. If you are in any doubt the obligation is on you to clarify whether the barrister has accepted your case.
Corresponding by email
26. When corresponding by email include previous emails in the reply, instead of starting a new email, so that all previous correspondence is contained in one email.
General obligations
27. The information which you give the barrister will be received in professional confidence. The only exception is that statutory and other legal requirements may cause me to disclose information which has been received from you to governmental or other regulatory authorities and to do so without first obtaining your consent to such disclosure or telling you that it has been made.
28. The contract will be governed by English law, and any dispute will be subject to the jurisdiction of the English courts.
Initial Enquiries
29. When receiving email correspondence, the barrister will assume that you are considering instructing him or her direct, without a solicitor acting as intermediary, (via 'public access').
30. S/he will also assume that you have contacted him or her via chambers' website and that you have read the relevant passages concerning public access.
Initial fee
31. If you would like a barrister to determine whether s/he is able to accept instructions in your case then, unless the contrary is agreed in writing, a fee of £200 is chargeable, which must be paid in advance, when the papers are first provided.
Information required at outset:
32. Copies of any court orders and other documents that have been lodged at court, or served on you, or another party (whether by you or your lawyer, or any other party) must be provided, as well as any other relevant documentation, at the outset.
33. You should also explain as clearly and succinctly as possible exactly what it is you want the barrister to do, and what your case is, using numbered paragraphs and clear and grammatically correct English, at the outset.
34. If you are making enquiries on behalf of a company the barrister will require details of your capacity to act on the companies' behalf, including signed authorisation from a company director (if you are not a director), at the outset.
35. If you are making enquiries on behalf of another person or business the barrister will require details of your capacity to act on their behalf, including signed authorisation, at the outset.
36. The barrister will also need your full name and address and fixed land line telephone number, in addition to your email address, at the outset.
37. In order to be able to accept the instructions your barrister will need all the items requested above, in the format requested, failing this the barrister is under no obligation to correspond any further.
No further obligation in default
38. If the barrister does not receive ‘the information required at the outset’ (paragraphs 32 to 37 above) and payment of £200, within 48 hours of your initial enquiry, s/he is entitled to assume that you have decided not instruct him or her, and will be under no obligation to take any further action.
Complaints
39. Chambers hopes that you will be happy with the professional services provided. All barristers will do their utmost to secure the best result possible for you. However, if you are not satisfied, you should first refer the matter to my chambers in line with my chambers’ complaints procedure. The complaint's procedure is available on request.
40. If for any reason chambers’ complaints procedure is not able to deal with the problem, you may make a complaint to:
General Council of the Bar
289-293 High Holborn
London
WC1V 7HZ.
Legal Aid
41. It is the client's responsibility to enquire as to his or her eligibility for legal aid or other similar services. Further details are available on the links page.