Direct Public Access
Direct Public Access is to directly instruct a Barrister, without having to involve solicitors. Islam Chowdhary, sole practitioner at Cassian Chambers is able to advise under the Direct Access rules of the General Council of the Bar.
For further information, please contact [email protected]
You can have access to Bar Standards Board guidance on public access to lay clients by visiting this link.
Public Access Guidance for Lay Clients
DIRECT ACCESS QUESTIONS AND ANSWERS
Is my case suitable for direct access?
In considering whether your case is suitable for direct access, the barrister is likely to take into account:
a) The nature of the work which you wish Counsel to undertake;
b) Your ability to deal with any aspects of the case which would normally be carried out by a solicitor that cannot be covered by a direct access barrister.
Much depends on the circumstances of your case. Here are some possibilities:
a) Counsel might decide that your case is suitable for direct access and that there is no need for the involvement of a solicitor. If circumstances change, he may have to advise you that a solicitor will need to be instructed.
b) Although your case may become unsuitable for direct access in the future, it is suitable for direct access for the time being. In such a case, Counsel will inform you:
i) of the work which is suitable for direct access;
ii) the likely point at which your case will become unsuitable for direct access; and
iii) that he will have to withdraw at that stage if you do not instruct a solicitor.
c) Your case is such that (whether because of its complexity, or because of the stage which it has reached) it is not suitable for direct access and that a solicitor is required. In this situation, you should be told by
Counsel why your case is not suitable and that he would be prepared to act for you if instructed by a solicitor.
In such circumstances you can ask the barrister to recommend a suitable solicitor to you.
If Counsel decides to accept your instructions, you will be sent a client care letter.
What work is a barrister permitted to do under direct access?
Some examples of work which a barrister is allowed to do:
a) A barrister may appear on your behalf at Court.
b) A barrister may give you legal advice.
c) A barrister may draft documents for you, such as a will.
d) A barrister may advise you on the formal steps which need to be taken in proceedings before a court or other organisation and draft formal documents for use in those proceedings.
e) A barrister may draft letters for you.
f) If a witness statement from you is required in proceedings, a barrister may prepare that statement from what you tell him or her. A barrister may also help to prepare witness statements from another person based on the information which that person has provided (however the barrister may not be able to act for you in the final hearing after drafting statements).
g) Where a case requires an expert witness (for example, a surveyor), a barrister may advise you on the choice of a suitable expert and may draft a letter of instruction which you can then send to the expert as a letter from you on your own notepaper.
What work is a barrister prohibited from doing?
The following are examples of work that a barrister is not allowed to do (except in the cases of authorised to conduct litigation):
a) A barrister cannot issue proceedings on your behalf or to issue other applications or to take other formal steps in court or other proceedings. You would have to send the documents to the court, although the barrister could help prepare them for you.
b) A barrister is not allowed to instruct an expert witness on your behalf.
c) A barrister is not allowed to take responsibility for the handling of clients’ affairs.
d) A barrister is not allowed to handle clients’ money.
What are the advantages of instructing a barrister over that of a solicitor?
The short answer is it is likely to save you money. Previously clients were not allowed to engage the services of a barrister without first instructing a solicitor. If your case needed a barrister you would have to engage a solicitor thereby paying for two lawyers rather than just one. The Direct Access scheme now permits you to go direct to a barrister. Further savings can be made by directly instructing a barrister since the overheads incurred by chambers is much less than that of a solicitor. There is likely to be a further saving, too, because barristers’ hourly rates are generally less than a solicitor of comparable experience.
Under the Direct Access scheme you can instruct a barrister to act in relation to a specified step in the process. If you need initial advice or an advice in conference, you only pay for the work that the barrister undertakes. You can agree the fee prior to any work being undertaken with the barrister.
Who can instruct a barrister under the direct access scheme?
Anyone can instruct a barrister under the Direct Access scheme. Note however that the traditional ‘cab rank’ rule does not apply to Direct Access work and a barrister is not therefore obliged to accept the instruction.
What should I put in my instructions to Counsel?
There are two key components of instructions to Counsel: a Letter of Instruction and a Bundle of Documents.
Letter of Instruction
The letter of instruction has two purposes. It sets out the background and it tells your barrister what it is you want him to do. You may include whatever you want to in your letter of instruction, however the following are generally required in every case:
Who you are and who you act for.
Who your dispute or potential dispute is with and the nature of it (e.g. in a claim for money you need to tell us what were the terms of loan, if it is a loan to your opponent, and how it was agreed to be repaid to you” or dispute over land with your neighbour you need to tell the nature of the dispute).
A brief background.
The best way to explain a problem is usually to set out the relevant events in chronological order. There is no need to go in to detail if the facts can be ascertained from the accompanying documents. It is also important however when writing your story to include conversations you may have had with your opponent or other people or things you have witnessed which are relevant to the dispute in hand.
Any relevant deadlines:
For example - deadlines which the court may have fixed to take certain by the parties to the dispute or a hearing date.
What you want the barrister to do:
For example, you want an advice from the Barrister on the merit of your case; or you want him to represent you at a hearing already listed in the court.
Correspondence with a barrister:
You can send the papers electronically to the Barrister:
[email protected]
Or by post to the Chambers:
Cassian Chambers, 43 Fowey Avenue, Redbridge, Essex, IG4 5JT
Bundle of Documents
The barrister will need to see relevant documents, be it correspondence, emails, statements, photographs, plans, videos, etc. The best guide as to what to include is common sense. The following points however are important and apply in every case:
The documents must be accompanied by a typed List of Documents on which the name or description of each document is set out. The List of Documents may form part of your Letter of Instruction or it may be a separate schedule. For your protection your barrister is obliged to keep a copy of this list for seven years.
All the documents you send must be copies. Barristers do not have the same facilities for storing files and the Bar Council’s rules on Direct Access do not oblige a barrister to retain documents. Thus for your protection you should keep all originals and only send copies to your barrister. In an exceptional case where it is not possible to provide a copy please contact Chambers and we will make arrangements for safe return.
You do not incur any liability for fees simply by sending a letter of instruction. The barrister will review the papers to ensure the case is suitable for a Direct Access instruction. We will call you to agree a fee for the work you require the Barristers to carry out for you. You will only incur liability for any fees when you have approved, signed and returned the standard client care letter.
Money laundry checks:
In a limited number of cases the money laundering legislation requires a barrister to perform checks to verify the identity of his client. If this applies Chambers will contact you and inform you of the appropriate requirements.
Direct Public Access is to directly instruct a Barrister, without having to involve solicitors. Islam Chowdhary, sole practitioner at Cassian Chambers is able to advise under the Direct Access rules of the General Council of the Bar.
For further information, please contact [email protected]
You can have access to Bar Standards Board guidance on public access to lay clients by visiting this link.
Public Access Guidance for Lay Clients
DIRECT ACCESS QUESTIONS AND ANSWERS
Is my case suitable for direct access?
In considering whether your case is suitable for direct access, the barrister is likely to take into account:
a) The nature of the work which you wish Counsel to undertake;
b) Your ability to deal with any aspects of the case which would normally be carried out by a solicitor that cannot be covered by a direct access barrister.
Much depends on the circumstances of your case. Here are some possibilities:
a) Counsel might decide that your case is suitable for direct access and that there is no need for the involvement of a solicitor. If circumstances change, he may have to advise you that a solicitor will need to be instructed.
b) Although your case may become unsuitable for direct access in the future, it is suitable for direct access for the time being. In such a case, Counsel will inform you:
i) of the work which is suitable for direct access;
ii) the likely point at which your case will become unsuitable for direct access; and
iii) that he will have to withdraw at that stage if you do not instruct a solicitor.
c) Your case is such that (whether because of its complexity, or because of the stage which it has reached) it is not suitable for direct access and that a solicitor is required. In this situation, you should be told by
Counsel why your case is not suitable and that he would be prepared to act for you if instructed by a solicitor.
In such circumstances you can ask the barrister to recommend a suitable solicitor to you.
If Counsel decides to accept your instructions, you will be sent a client care letter.
What work is a barrister permitted to do under direct access?
Some examples of work which a barrister is allowed to do:
a) A barrister may appear on your behalf at Court.
b) A barrister may give you legal advice.
c) A barrister may draft documents for you, such as a will.
d) A barrister may advise you on the formal steps which need to be taken in proceedings before a court or other organisation and draft formal documents for use in those proceedings.
e) A barrister may draft letters for you.
f) If a witness statement from you is required in proceedings, a barrister may prepare that statement from what you tell him or her. A barrister may also help to prepare witness statements from another person based on the information which that person has provided (however the barrister may not be able to act for you in the final hearing after drafting statements).
g) Where a case requires an expert witness (for example, a surveyor), a barrister may advise you on the choice of a suitable expert and may draft a letter of instruction which you can then send to the expert as a letter from you on your own notepaper.
What work is a barrister prohibited from doing?
The following are examples of work that a barrister is not allowed to do (except in the cases of authorised to conduct litigation):
a) A barrister cannot issue proceedings on your behalf or to issue other applications or to take other formal steps in court or other proceedings. You would have to send the documents to the court, although the barrister could help prepare them for you.
b) A barrister is not allowed to instruct an expert witness on your behalf.
c) A barrister is not allowed to take responsibility for the handling of clients’ affairs.
d) A barrister is not allowed to handle clients’ money.
What are the advantages of instructing a barrister over that of a solicitor?
The short answer is it is likely to save you money. Previously clients were not allowed to engage the services of a barrister without first instructing a solicitor. If your case needed a barrister you would have to engage a solicitor thereby paying for two lawyers rather than just one. The Direct Access scheme now permits you to go direct to a barrister. Further savings can be made by directly instructing a barrister since the overheads incurred by chambers is much less than that of a solicitor. There is likely to be a further saving, too, because barristers’ hourly rates are generally less than a solicitor of comparable experience.
Under the Direct Access scheme you can instruct a barrister to act in relation to a specified step in the process. If you need initial advice or an advice in conference, you only pay for the work that the barrister undertakes. You can agree the fee prior to any work being undertaken with the barrister.
Who can instruct a barrister under the direct access scheme?
Anyone can instruct a barrister under the Direct Access scheme. Note however that the traditional ‘cab rank’ rule does not apply to Direct Access work and a barrister is not therefore obliged to accept the instruction.
What should I put in my instructions to Counsel?
There are two key components of instructions to Counsel: a Letter of Instruction and a Bundle of Documents.
Letter of Instruction
The letter of instruction has two purposes. It sets out the background and it tells your barrister what it is you want him to do. You may include whatever you want to in your letter of instruction, however the following are generally required in every case:
Who you are and who you act for.
Who your dispute or potential dispute is with and the nature of it (e.g. in a claim for money you need to tell us what were the terms of loan, if it is a loan to your opponent, and how it was agreed to be repaid to you” or dispute over land with your neighbour you need to tell the nature of the dispute).
A brief background.
The best way to explain a problem is usually to set out the relevant events in chronological order. There is no need to go in to detail if the facts can be ascertained from the accompanying documents. It is also important however when writing your story to include conversations you may have had with your opponent or other people or things you have witnessed which are relevant to the dispute in hand.
Any relevant deadlines:
For example - deadlines which the court may have fixed to take certain by the parties to the dispute or a hearing date.
What you want the barrister to do:
For example, you want an advice from the Barrister on the merit of your case; or you want him to represent you at a hearing already listed in the court.
Correspondence with a barrister:
You can send the papers electronically to the Barrister:
[email protected]
Or by post to the Chambers:
Cassian Chambers, 43 Fowey Avenue, Redbridge, Essex, IG4 5JT
Bundle of Documents
The barrister will need to see relevant documents, be it correspondence, emails, statements, photographs, plans, videos, etc. The best guide as to what to include is common sense. The following points however are important and apply in every case:
The documents must be accompanied by a typed List of Documents on which the name or description of each document is set out. The List of Documents may form part of your Letter of Instruction or it may be a separate schedule. For your protection your barrister is obliged to keep a copy of this list for seven years.
All the documents you send must be copies. Barristers do not have the same facilities for storing files and the Bar Council’s rules on Direct Access do not oblige a barrister to retain documents. Thus for your protection you should keep all originals and only send copies to your barrister. In an exceptional case where it is not possible to provide a copy please contact Chambers and we will make arrangements for safe return.
You do not incur any liability for fees simply by sending a letter of instruction. The barrister will review the papers to ensure the case is suitable for a Direct Access instruction. We will call you to agree a fee for the work you require the Barristers to carry out for you. You will only incur liability for any fees when you have approved, signed and returned the standard client care letter.
Money laundry checks:
In a limited number of cases the money laundering legislation requires a barrister to perform checks to verify the identity of his client. If this applies Chambers will contact you and inform you of the appropriate requirements.
Providing a Quotation for Legal Services
Cassian Chambers acknowledges that clients, whether professional, licensed access, or lay, would want to have some idea of the potential costs of any work to be carried out by us (legal services) prior to us being officially instructed. It is for this reason that clients may contact us for such a quotation, either by email or by post (N.B. Cassian Chambers will not ordinarily deal with such matters orally). Prospective clients ought to email us at - [email protected]
or alternatively, write to us at: Cassian Chambers, 43 Fowey Avenue, Redbridge, Essex, IG4 5JT.
Cassian Chambers ordinarily aims at providing a quotation of costs for works within 72 hours of being contacted; though for more complex matters this may take up to 14 days. In the unlikely event that it is not possible to provide a quotation (for works to be carried out) within 14 days, should Chambers foresee a delay, we will ensure that clients are kept up-to-date of when to expect a quotation by. Chambers will ensure that quotations are provided in a clearly accessible and readable manner in accordance with The Plain English Campaign. Clients ought to be made aware that such quotations are based on certain assumptions such as sufficient information being provided to us, the relevant documentation being received on-time, and the explanation of the matter at hand, and may be provided as a direct figure or a range. The final price of legal services will ordinarily change should the matter be more complex as it unfolds than at the initial pre-instruction stage or should the information at the pre-instruction stage be deemed not to be sufficient. Therefore, in such circumstances, the quotation shall not be binding.
Prospective clients ought to be aware that providing a quotation does not amount to the acceptance of instructions.
Should prospective clients wish to instruct Chambers following the quotation, Chambers will ensure that a letter confirming written acceptance of instructions will be sent to the client as soon as reasonably practicable. This will include the terms and the basis on which we shall be acting in addition to the basis of charging. Chambers shall, in most circumstances, be following the standard terms contained within the attached draft client care letter and terms of business.
For the avoidance of doubt, quotations provided by Chambers are provided free of cost, and there is no obligation for the prospective client to commit.
In the unlikely event that Chambers are unable to assist in providing a quotation for works, such as matters which fall outside Chambers' areas of expertise or other reasons where we are unable to assist (where there is a conflict of interests or where Counsel would be "double-booked"), we will advise consumers as soon as is reasonably practicable, and in any event, within 72 hours that we are unable to assist.
Pricing Models for Legal Services Offered
Chambers operates both a fixed-fee and an hourly rate service for the legal services provided. These are as follows:
Client Conferencing, Drafting of Advice, and appearances at hearings attract a fixed fee rate range between £550 - £1,250 per task, depending on the nature and complexity of the issue(s) at hand, plus travel and boarding expenses should Counsel be required to attend to matters more than 50 miles away.
Attendance at trials attracts a fixed fee of £1,550 - £2,500 depending on the issue at hand. (N.B. This is not a cumulative figure and therefore does not include legal services provided for previous hearings in the same matter). In cases where a trial is likely to last more than a day, then each day following the start day will be charged on a fixed rate between £800 and £1,000 per day.
Arbitration Sessions attract a fixed-fee rate range between £1,250 and £2,000 (depending on the case at hand) per Arbitration with an additional fee of £750 per day required by Chambers should the Arbitration exceed day 1.
The perusal of documentation and the drafting of pleadings attracts an hourly rate of £250 per hour.
Chambers may, on occasion, accept instructions under a pricing strategy different to the ones listed above. This could be for vulnerable clients, but is determined by Chambers. Please note, Chambers is under no guarantee to offer such a strategy to every client who makes such a query and the final decision in this matter shall be made by Chambers having regard to the value of the property, complexity of the matter and urgency of the matter.
Please be advised that as Chambers is not VAT registered, our fees do not incur any VAT.
Additional Costs
Chambers intends on providing clients with exceptional service, and will, in most cases, comply with any fee or range of fees quoted to the client (the usual caveat of quotations increasing depending on varying circumstances however, applies). However, there may also be occasions where these figures may incur additional costs and charges such as cases where Chambers has been instructed on such short notice that an appropriate quotation cannot be provided in good time, where Counsel is required to travel much further afield, or where disbursements are required such as Court and Tribunal fees. Please note, this is not an exhaustive list, and Chambers will communicate with you as soon as is practicable concerning cases where any additional fees are likely.
Additional Costs
Chambers intends on providing clients with exceptional service, and will, in most cases, comply with any fee or range of fees quoted to the client (the usual caveat of quotations increasing depending on varying circumstances however, applies). However, there may also be occasions where these figures may incur additional costs and charges such as cases where Chambers has been instructed on such short notice that an appropriate quotation cannot be provided in good time, where Counsel is required to travel much further afield, or where disbursements are required such as Court and Tribunal fees. Please note, this is not an exhaustive list, and Chambers will communicate with you as soon as is practicable concerning cases where any additional fees are likely.
Timescale
Factors which might influence the timescale for the provision of legal services may include: the complexity of the matter; the availability of the barrister; the volume of documents which need to be reviewed; the need for additional information or documents; and Court waiting times.
Counsel will only accept work if he is available to meet the client’s requested deadline for the completion of the relevant instructions. Occasionally, such as when attendance is required on the return date for an injunction, his availability cannot always be guaranteed due to pre-existing commitments. In those circumstances, an alternative Counsel in other champers may be suggested.
The Data Protection Requirement
All clients are advised that Chambers takes the personal data of all clients, whether prospective, current, or past clients very seriously. In furtherance of this, Chambers ensures that all data of such clients is kept safe and secure, and is handled in accordance with The General Data Protection Regulation (GDPR).
