HardwickeDirect

It is now possible, under certain circumstances, to instruct members of the Bar directly without employing the services of a solicitor. This can allow a wide range of clients to benefit from the cost savings and efficiency that can come from going direct to our experts rather than through an intermediary. The aim of HardwickeDirect is to help those who are considering using a barrister directly to decide if this is the best route for them and understand how this new way of accessing legal services works.

Hardwicke Building is one of the leading sets of barristers' chambers in the country and HardwickeDirect deals with clients who wish to instruct members of Chambers directly. We are committed to providing clients with a service that is swift, efficient and user friendly.

• What is Public Access?
• What services do barristers at Hardwicke Building offer?
• Can barristers conduct litigation on my behalf?
• In which areas of work can barristers be instructed directly?
• How can I instruct a HardwickeDirect barrister?
• What will it cost?
• When do I have to pay?
• Is Hardwicke Building obliged to take any case on a public access basis?
• Case Studies
• Public Access Application Form

What is Public Access?

Public Access is the name given by the Bar Council, our professional body, to the scheme where members of the public can instruct barristers directly. Until recently, the normal position was that if you wanted to instruct a barrister to advise or represent you, then you had to go through a solicitor. However since 2004 the position has changed: anyone - individuals, companies, firms etc - can now instruct a barrister directly.

What services do barristers at Hardwicke Building offer?

We will continue to provide the specialist legal services the Bar has always offered - this includes drafting documents, giving written and oral advice as well as providing advocacy services for clients in courts, tribunals, arbitrations, mediations and any other situation where you are permitted to have someone speak on your behalf.

A barrister can:

• advise you as to the steps that need to be taken;
• help draft correspondence;
• draft the court documents and the statements of case such as claim forms, defences etc.;
• help draft witness statements;
• draft instructions to expert witnesses.

However a barrister cannot:

• correspond with the other side on your behalf;
• be responsible for the payment of any court fees;
• handle any sums of money on your behalf;
• issue court documents such as a claim form;
• contact witnesses or collect and investigate evidence.

Can barristers conduct litigation on my behalf?

No, but a barrister can do a wide range of work in the context of litigation. The work that barristers are not permitted to do will need to be carried out by you. If you do not feel you are able for whatever reason to do that work then you will need to instruct a solicitor or court appointed agent to do the work on your behalf.

In which areas of work can barristers be instructed directly?

Barristers can now be instructed directly on many area of work. Those that are particularly suitable are:

• Companies, businesses and public bodies that have sufficient resources to carry out the work that barristers are not permitted to do yet wish to have direct access to the barristers and who consider public access more economic.
• Individuals and businesses involved in internal disciplinary hearings or in relatively simple matters before employment tribunals.
• Schools, local authorities and individuals involved in education disputes.
• Anyone requiring advice on the meaning and interpretation of contracts and other formal documents.
• Anyone requiring formal documents or policies to be drafted.
• Anyone requiring a second opinion where other barristers and solicitors are already instructed.
• Instructions are regularly received from Patent Agents, Insurance Companies, Public Bodies, Property Agents and also from individuals.

These are just some of the many areas where we have experts that can help and which may be suitable for Public Access:

Business Problems
Contractual disputes
Insurance
Professional negligence
Debt recovery

Employment
Unlawful dismissal (sacking)
Restrictive covenants
Disciplinary and grievance hearings
All other aspects of employment law i.e. maternity leave, sick pay etc.

Education
Admissions to schools
Disability discrimination
Exclusions and discipline

Injury or accident

Clinical Negligence

Property and planning
Leasehold matters
Boundary and land disputes

Intellectual Property
Copyright or Patents
Design rights
Passing off

For any new piece of work, the barrister has to decide whether the particular piece of work is suitable to be dealt with on a public access basis. The Bar Council does not allow barristers to offer their services direct in criminal, family and immigration matters.

How can I instruct a HardwickeDirect barrister?

Your first point of contact for an enquiry about instructing a barrister is the clerks' room. In a barristers' chambers the clerks act as the business managers and oversee the administrative and support services that a barrister needs to run his practice efficiently. Whilst they are not legally qualified, they have an extensive knowledge of the courts and legal system. If the matter is very urgent please ring 020 7242 2523 and ask for a barristers' clerk.

To begin with, please fill in the online enquiry form. This will allow our clerks to assess the nature of your case and suggest the most appropriate barrister based on the information that you provide. You can find more information on each of our barristers here. We can also give you an initial estimate of the costs that are likely to be incurred.

Once a barrister has agreed to take on your case or matter, you will be sent a "client care letter". This letter will be your contract with the barrister for the work to be done. It is an important document and you will need to read it carefully and satisfy yourself that you understand it.

The client care letter will set out:

• the extent of the work that the barrister has agreed to carry out;
• the fees that are payable for the work or alternatively the hourly rate that will be charged together with an estimate of the likely costs and a costs cap figure beyond which no further work will be done without your further agreement;
• the conditions on which the barrister will do the work.

Your agreement will be with a particular individual barrister and not with Hardwicke Building. No-one else will carry out any work for you unless there is a separate agreement with that further barrister. Until a barrister has agreed to take your case neither the Barrister nor Hardwicke Building can accept any responsibility for advising you on any other aspect of your case or matter.

What will it cost?

Whilst this is for many the bottom line question it is also one that does not have a simple answer. The fees will depend on a number of factors including:-

• the seniority and experience of the barrister consulted;
• the difficulty, size and importance of the case and above all the amount of work involved.

Whenever possible we will quote you in advance a flat fee for the piece of work that is required. If that is not possible we will always provide you in advance with:

• details of the barrister's hourly charging rate for the work;
• an estimate of the likely total cost;
• a costs limit beyond which the barrister will not go without your further authority.

Public funding is not available for work undertaken by barristers under the Public Access scheme.

Barristers' fees are not subject to any extra or disbursements unless they have been agreed with you in advance. Barristers' fees are subject to VAT.

When do I have to pay?

If it is possible to provide you with a fixed fee for the piece of work then normally this will be payable up front before the work is done.
If it has not been possible to provide a fixed fee for the work then the fee will be payable on completion of the work and the barrister may hold on to the piece of work until he or she has been paid.
If it becomes clear that further work is required from the barrister than previously agreed a further agreement will be necessary setting out the additional work covered and the fees for that work.

Is Hardwicke Building obliged to take any case on a public access basis?

No. A barrister will only take a case on a public access basis if he or she considers that it is in your interests and the interests of justice that it is taken on that basis. The barrister may decide that it would be best if you instructed a solicitor.

Case Studies

	Mr A came to us after receiving a £100,000+ bill for his own legal costs by solicitors who had previously been acting for him. The bill related to a construction case in the County Court he had just lost (his barrister in the case was not from Hardwicke Building). The case had been partly funded by legal expenses insurance and Mr A had thought that if he lost, his insurers would pay all his costs. The solicitors had not warned him until just before trial that the insurance only covered him for part of his potential liability. One of our barristers advised Mr A on his options and then represented him at a half-day round table meeting with the solicitors. The barrister helped Mr A get the result he wanted: the solicitors accepting a fraction of the amount of their bill in full and final settlement.		Ever since 1982, Mr. M had used an old lock-up garage located opposite his residence to store building materials that he used in his trade as a builder and decorator. The Council knew of Mr. M's occupation of the land in the mid 1990's as they had asked him for his permission to go into the land in order to carry out renovation works to the adjoining property. In early 2000 the Council commenced possession proceedings claiming trespass. Mr. M defended the claim for possession asserting title to the lock-up garage by reason of adverse possession. Mr. M acted for himself until the trial at which point he instructed Steven Woolf by way of Direct Access. With the assistance of the barrister, the claim to possession was dismissed and a declaration as to ownership in favour of Mr. M was made.

Note: while we have tried to give full details of what we can do and how direct access works, more information about the rules governing public access can be found on the Bar Council’s website on http://www.barcouncil.org.uk/about/publicaccess/

Public Access Application Form

If you would like to instruct a member of Hardwicke Building through Public Access, please fill in this form and click "send" to enable us to decide whether or not we can help you.

Name: Post code: Country: Email: Telephone: Fax:

Please select if your case or problem relates to one of the following areas: Business Debt Recovery Employment Education Injury or accident Clinical Negligence Property (tenancy, lease or mortgage) Intellectual Property

Have you already seen a solicitor or other lawyer about this problem? Yes No If yes, please give their name and contact details.

Please give additional brief details about the problem.