Dealing with client's without solicitors

Question 1

What is the intended outcome of the rules on dealing with clients without solicitors?

Answer 1

Barristers undertaking public access or licensed access work have the necessary skills and experience
required to do work on that basis.

Question 2

What are the three things a barrister should do before accepting public access work?

Answer 2

1. Be properly qualified by having been issued with a full practising certificate, by having satisfactorily completed the appropriate public access training, and by registering with the Bar Council as a public access practitioner;

2 Take such steps as are reasonably necessary to ascertain whether it would be in the best interests of the client or in the interests of justice for the public access client to instruct a solicitor or other professional client

3. Take such steps as are reasonably necessary to ensure that the client is able to make an informed decision about whether to apply for legal aid or whether to proceed with public access.

Question 3

A barrister under three years standing who has completed the necessary training and wants to undertake public access work should do what three things?

Answer 3

1. Have a barrister who is a qualified person has registered with the Bar Council as a public access practitioner readily available to provide guidance to the barrister;

2 Maintain a log of public access cases they have dealt with, including any issues or problems which have arisen;

3. Seek appropriate feedback from their public access clients on the service provided;

Question 4

Which is correct:

[A] A barrister may accept direct instructions from or on behalf of a public access client in or in connection with any matter of proceedings in which, in all the circumstances, it would be in the best interests of the public access client or in the interests of justice for the public access client to instruct a solicitor or other professional client.

[B] A barrister may not accept direct instructions from or on behalf of a public access client in or in connection with any matter of proceedings in which, in all the circumstances, it would be in the best interests of the public access client or in the interests of justice for the public access client to instruct a solicitor or other professional client.

Answer 4

[B]

Question 5

What things must a barrister who accepts direct access work notify a client of once instructions are accepted?

Answer 5

1. The work which the barrister has agreed to perform;

2 The fact that in performing his work the barrister will be subject to the BSB handbook

.3 The fact that the barrister cannot conduct litigation unless authorised to by the BSB

.4 The fact that the barrister is self-employed, is not a member of a firm and does not take on any arranging role; .

5 In any case where the barrister has been instructed by an intermediary the fact that the barrister is independent of and has no liability for the intermediary; and the fact that the intermediary is the agent of the lay client and not the agent of the barrister;

6 The fact that the barrister may be prevented from completing the work by reason of his professional duties or conflicting professional obligations, and what the client can expect of the barrister in such a situation;

7 The fees which the barrister proposes to charge for that work, or the basis on which his fee will be calculated;

8 The barrister’s contact arrangements;
Information about the barrister’s complaints procedure