What is Public Access ?

Until recently, anyone wanting to consult a barrister had to go through a solicitor (occasionally through another professional such as an accountant). From 6th July 2004 this has changed. Companies, businesses and members of the public can now engage a barrister directly.

What has changed ?

The kinds of work barristers can and cannot do for clients has not changed. What has changed is that we can do it for clients directly and the clients do not have to use solicitors or other intermediaries.

What services do barristers offer ?

We provide specialist legal advice and advocacy. The public view of the barrister is as an advocate, conducting cases in courts and tribunals. As barristers, however, we can and do perform a much wider range of services:

		giving specialist advice on legal problems
		drafting formal documents (e.g. contracts and standard terms of business)
		drafting letters for our clients to send

In the context of litigation, as well as appearing in court, a barrister can

		advise you on the formal steps to take in proceedings
		draft formal court documents (claims, defences, etc)
		prepare witness statements from information supplied
		advise on the choice of an expert witness and draft the letter of instruction to the expert
		advise on the contents of an expert’’s report

What are barristers not allowed to do ?

There are some services barristers are not permitted to undertake. Clients who need those services can either do the work themselves (if, once they fully understand the position, they feel competent to do it) or employ a solicitor to do it for them.

Examples of work barristers are not allowed to do:

		issue court documents or take other formal steps in proceedings
		write letters directly on the client’’s behalf using his own writing-paper
		contact potential witnesses or investigate evidence
		instruct an expert witness on the client’’s behalf
		undertake the general management of a clients case or a client’’s business affairs
		handle clients’’ money

If a barrister cannot do these things, what then ?

If you are willing and able to do these things yourself, we can help you to do them. But if we believe that you really do need to consult a solicitor, we must and shall advise you to do so and we can help you to chose a suitable solicitor.

Is any kind of work outside the Public Access scheme ?

Yes. Outside the scheme are

		most criminal work
		most family work
		all immigration work

Can we at Henderson Chambers help you ?

Henderson Chambers is not a firm: it operates as a group of independent individual barristers, each with his or her own areas of practice. The members of Henderson Chambers between them can provide a very wide range of services. If you are reading this on our website, look at the website to see what we all do and our personal qualifications and experience. If you are reading this somewhere else, log on to the website at www.hendersonchambers.co.uk

Who can benefit from Public Access to Henderson Chambers ?

As can be seen from the kind of work we do, we believe we are best able to help:

		companies and businesses
		other professionals
		public bodies and local authorities

Does this mean we can’’t help other people ? No. We can help you but, for many people, the sensible course will be to start by seeing a solicitor.

What will it cost ?

Clearly, the cost will depend on a number of factors

		the seniority and experience of the barrister consulted
		the difficulty and importance of the case
		the amount of work involved

We can undertake work at an hourly rate or we can quote you a flat fee for particular pieces of work. But, in all cases:

		the rate or fee will be negotiated and agreed with you before the work starts and we will stick to it: there are no "hidden extras"
		if, once the barrister has completed the agreed work, it is clear that your case needs further work, you will be advised of this. If you want the barrister to do that further work and he or she is willing to undertake it, the work will have to be covered by a fresh agreement.

You may be asked to pay any fees in advance of the work being done.

Can I get public funding ?

At present, public funding is not available for work undertaken by barristers under the Public Access scheme. We are not able to advise you on your eligibility for public funding.

How do I instruct a member of Henderson Chambers ?

If you believe that we may be able to help you, then

		if you are reading this on the website, fill in this form and email it back to us: we will reply within five working days
		if you are reading this elsewhere, try logging on to the website and fill in the form or ask us to send you a form
		if the matter is urgent or you need further information, contact us by telephone or fax . We have a dedicated telephone line for public access work: 0207 353 0101.

Please do not send us any documents (especially original documents) until a barrister has agreed to take your case.

What then ?

We cannot accept any responsibility for advising you until a barrister has agreed to take your case. Once a barrister has agreed to it, you will always be sent a "client care letter". This letter will normally be your contract with the barrister for the work to be done (though in exceptional cases a more detailed formal contract may be needed).

The client care letter will state:

		the work the barrister agrees to carry out
		the charges made for that work
		the conditions on which the barrister will do the work.

The key fact is that you have an agreement with an individual barrister and you will know throughout that it is that barrister who is dealing with your case. Nobody else will handle it without your prior knowledge and consent.

Can the barrister, once instructed, stop acting for me ?

In some cases, yes. The barrister has a duty both to you and to the interests of justice in general. The time might come when the barrister decides that the proper thing for you to do is to instruct a solicitor or other professional. This does not necessarily mean that the barrister has to stop acting for you: what it means is that some work has got to be done on your case which a barrister cannot undertake.

For example, if you need to sue someone but you don’’t feel confident that you can do all the administrative tasks a solicitor would do (issuing proceedings etc), then those tasks will have to be handed over to a solicitor. The barrister can still draft documents and represent you in court.

If this happens

		we will tell you at the earliest opportunity
		we will help you to find a solicitor or other professional
		we will tell you what steps you need to take to preserve the position while the solicitor or other professional is being brought on board.