PD 20 - direct access briefing

Question 1

What are the three things a barrister must do when accepting a direct access brief?

Answer 1

1. comply with bar rule 24B
2. prepare a document which sets out the matters required in 24B and a certification signed by the barrister stating that the barrister has complied with the practice direction and any complaints in accordance with the LPA can be made to the LSC. Also have it signed by the client.
3. file the document in the court registry and with the bar association.

Question 2

what 8 things are expected of a barrister who accepts a direct access brief?

Answer 2

1. obtain a detailed understanding
2. consider required evidence
3. ascertain volume of documentary evidence
4. ascertain identity of potential witnesses
5. consider how evidence will be presented to the court
6. consider likely steps to be taken in the matter (interlocutory applications; should it be on a specialist list)
7. decide whether or not the barrister should accept the brief.
8. if not satisfied, refuse to accept the brief.

Question 3

what is the reason for practice note 20

Answer 3

minimise disruption of case and promote orderly conduct