Direct Access

Direct access (sometimes called public access) allows a person (or company) to work with a barrister such as Jason directly. This means that a person can come and get advice from Jason or indeed instruct Jason to represent them at a hearing without the need for a solicitor. It is often cheaper, quicker, and more personable.

What is direct access?

Direct access basically allows members of the public to instruct an authorised barrister, such as Jason directly.

The barrister’s role remains the same, meaning that they are qualified to:

provide you with expert legal advice about the merits and potential outcomes of your case;
assist you with drafting correspondence.
help to draft statements from litigants and witnesses.
draft formal court documents.
advise you on suitable experts and draft instructions to expert witnesses.
offer you advice on the next steps to be taken in proceedings.
assist you in trying to resolve your case; and
represent you in court.

Jason does not offer to conduct litigation. That means that the responsibility for the day-to-day management of your case will remain with you. You remain a litigant in person and as such must deal directly with the other side, the courts and any relevant third parties. Jason can offer advice on these matters and indeed represent you in court hearings.

A fee can be agreed directly with one of Jason’s clerks and a Conference (basically a chat on ZOOM or TEAMS) can be arranged within a few days (maybe sooner). Conferences can be arranged outside the normal working day and indeed at weekends.

Provided your case is suitable for direct access, Jason accepts instructions in all private law children matters.

Jason can assist with advice on a legal problem or strategy, advocacy and representation in courts and tribunals.

Jason can draft position statements, case notes and draft orders.

Jason can advise on witness statements and evidence.

Jason can also advise on appeals and draft papers on appeal if necessary.

Jason often gets instructed in cases involving:

Jason can represent you in courts, tribunals, and appeal hearings. He can also represent you in alternate dispute resolution meetings

Frequently Asked Questions

1 – Is my case suitable for Direct Access?

Most cases involving private law Children Act cases are suitable for direct access. Jason will look at any court papers or documents (sometimes in a Conference) to determine and confirm that the case is suitable for direct access. Determining whether a case is suitable for Direct Access will ultimately depend upon the facts of the case.

Jason will also assess the case and advise whether it is in your best interest to use a solicitor or to use the Direct Access or whether you should instruct a solicitor. Jason can advise as to a suitable solicitor to assist if necessary and may still be able to assist in hearings.

2 – Would I be entitled to legal aid?

Jason as a barrister is not able to accept legal aid work through Direct Access. Jason does not do legal aid work. If you have legal aid in place with a solicitor, then Jason would not be able to represent you personally but could recommend barristers who may be able to assist in your case, but it will be through a solicitor.

If your case qualifies for legal aid, but for various reasons you make an informed choice that you wish to pay for the Jason under Direct Access, he would be able to accept the case if the case itself is suitable for a barrister alone.

If you do not qualify for legal aid because the case does not meet the ‘Interests of Justice’ test or because your income fails the means test, and you are unable to afford to instruct both a solicitor and a barrister on a private basis, then Direct Access may be perfectly suited to your case as it will save you cost and still entitle you to quality representation.

3 – What will I get for my money?

Jason will endeavour to provide clear, straightforward, and practical advice at an early stage. Jason can guide you through the process in a robust and pragmatic fashion. He knows the law, tactics and most importantly understands the needs of parents.

Jason represents Direct Access clients in hearings or trials at first instance, but we also commonly accept instructions to advise on appeals where a client wishes to obtain a second opinion, having previously been represented by other lawyers or indeed have acted themselves.

4 – What is the difference between barristers and solicitors?

Historically, barrister’s role was to go to court and to represent the client at a hearing and to advise upon the best way forward. The solicitor’s role was to meet the client, write the letters, manage the case, and take instructions from the client. We appreciate this is a simplistic definition and those lines have become somewhat blurred over the years. Another analogy is to see the solicitor as the GP and the barrister as the consultant.

5 – Can anyone use Direct Access?

Basically, yes. Anyone can instruct a barrister under Direct Access. Jason can accept instructions to act on behalf of parents, grandparents, individuals, companies, and other legal entities, both to appear in court and to advise them directly.

6 – What paperwork do you require?

Jason would ask for more rather than less when it comes to consider a case. Jason will read everything. He always does. A short precise of the case is always helpful. Giving details of the background, chronology, deadlines, where we are today and what your ideal outcome would be. This together with a bundle of papers, including all the paperwork you have been sent in relation to the case (e.g. letters from the other side and any evidence, court papers, previous orders). The bundle should also include any documents you may wish to use as part of your case (e.g. any evidence you have gathered).

As the case progresses, because it is a Direct Access case, you may receive further paperwork directly from the court or the other party. However, the court or the other party will not send a duplicate to Jason, so you will need to keep a copy of anything you receive and send a duplicate to Jason’s clerks to ensure that Jason has all of the paperwork.

7 – What are the terms of business?

At the outset of the case, you will need to provide a summary of the case and what it involves.

If the case is suitable for Direct Access, Jason will send you a letter of instruction to sign and return. This will contain the terms of business, the services you and Jason have agreed that he will provide and the fee structure.

8 – If I am considering an appeal, can I instruct a barrister?

Jason is often instructed on cases when the issue of appeal is being considered. He will give prudent and sensible advice as to whether there is merits in an appeal. Just because he did not represent you the first time around, does not prevent him from advising on appeal. He can draft Grounds of Appeal and a Skeleton Argument as necessary.

9 – I only have a question; can I just ask for advice?

It may be that you wish to seek Jason’s advice on a particular issue and, depending on that advice, you may not wish to pursue a case.

For this type of work, going straight to the Jason is an ideal scenario, as you will want his expert opinion quickly, without going through the formal process of formally instructing solicitors. Jason is often available out-side of the normal working hours. He can arrange an urgent Zoom meeting. Rest assured that Jason meets with clients all over the country and indeed the world.

10. I have more questions.

You are more than welcome to call Jason’s clerks, Scott and David on 0121 236 0863; you can find out more here [https://www.barcouncil.org.uk/bar-council-services/for-the-public/direct-access-portal.htmlor ]watch the videos below: