Excel Barristers
Direct Access
Benefits of a Direct Access Barrister
Why choose a direct access barrister?
• Cost Savings: By eliminating the need for a solicitor, you can save on legal fees.
• Control and Efficiency: You have direct control over your case, allowing for efficient communication and decision-making.
• Specialist Advice: Direct access barristers often specialize in specific areas of law, providing tailored expertise.
Ms Hashmi has been undertaking work as a Direct Access Barrister since 2012 and has also completed the mandatory top up accreditation with the Bar Council.
Additionally she has also been licensed by the Bar Standards Board to conduct litigation on behalf of clients who wish to keep their case with one lawyer rather than instructing a Solicitor and Barrister separately.
We understand that approaching lawyers for legal assistance can be a worrying experience especially if it’s your first time. In years gone by it was customary to instruct a solicitor to prepare your case, conduct a conference with you, and prepare your documents which were then given to a Barrister to represent you at court. However, over the last decade there have been fundamental changes to the way that lawyers represent their clients. Whilst it is still customary for barristers to be instructed by solicitors to represent their clients, there are now many cases where solicitors now have rights of audience and in some instances, you may not require a barrister. If a choice has to be made as to which type of lawyer you require, this will vary from case to case. If we feel you need a solicitor instead of/ as well as a barrister to represent you we’ll able only recommend the those solicitors with whom we work with on a regular basis and are competent to deal with your case. Ultimately the decision is yours.
Due to the increase in cost of living and the significant reductions to legal aid available for many areas of law, sometimes clients cannot afford to instruct a solicitor and barrister depending on their financial and/or personal situation, especially given the to the toll that court proceedings can take on law clients where they may not feel confident to represent themselves. This is where we can help under the Bar Council Public Access scheme.
We can take the time to speak to you during an initial conference and advise firstly whether your case is suitable to be taken on under the public access scheme. Given our approachability and experience any questions you have about your case will be answered from the outset. We can explain the relevant law to you and if you instruct us to, we can assist you with preparing your documents from the outset of your case and undertake all work in case right through to representing you in Court, should that prove necessary. We will continue to discuss the progress of your case with at various points through the proceedings and answer any questions you have.
Some clients prefer to go through the Bar Council public access scheme as, depending on the type of case there can be many benefits such as the fact that they only have to pay for one lawyer.
As fees are agreed and paid in advance you can make a fully informed decision as to whether you which route you wish to take.
Your barrister can be involved in your case from the outset and continuously advising you right up until your case reaches court. For some clients this consistency is appealing as they know that t their lawyers has a full understanding of the case and can be better prepared.
Furthermore, you are the one with autonomy and some clients wish to undertake certain aspects pf the case preparation themselves. In such circumstances you can discuss and agree with your public access barrister as to when you will require their assistance and therefore you, the lay client maintain controls over your case.
If you wish to instruct us on a direct access basis please contact us on info@excelbarristers.com and we will arrange an initial conference to discuss your case with you.
Excel Barristers
Conducting Litigation
Barristers do not have the right to conduct litigation unless they are authorised by the BSB to do so, or are otherwise entitled to conduct litigation by virtue of other legislation.
In 2014 with a view to modernising the practice of law with the times, the Legal Services Board approved the new Bar Standards Board Code of Conduct for Barristers conducting litigation and said that “This will relieve clients approaching public access barristers of the task of having to act as a self-representing litigant and conducting the administrative tasks themselves or going through a solicitor.”
The Chair of the Bar Standards Board stated that “Superfluous rules have been stripped away and others modernised with more focus and guidance on what the outcome of a rule should be, rather than attempting to define how a barrister should act in every situation. …As well as offering greater clarity there are also new measures that will empower barristers to change their business models in line with consumer need.”
Please note that Ms Hashmi continues to accept instructions from professional clients, i.e. Solicitors and every case may not be suitable for her to undertake litigation on the clients behalf.
What does it mean when a Barrister conducts litigation?
A barrister in independent practice does not have the right to conduct litigation. In a direct access case the client is conducting the litigation as litigant-in-person.
However self-employed barristers are allowed to apply for an extension to their practising certificate, after undertaking the requisite training and assessment with the Bar Standards Board in order to be able to conduct litigation.
This means that, as long as direct access barristers have the correct authorisation, their clients no longer have to act as a self-representing litigant or instruct a solicitor, should the case go to court.
Barristers authorised to do litigation have adequate knowledge of civil and/or criminal litigation procedures to enable them to conduct litigation competently.
What does that mean for Direct Access clients?
Ms Hashmi can offer legal services to clients beyond those typically provided by Barristers in England & Wales. She can represent clients from the outset of proceedings up to managing litigation on behalf of clients from start to finish.
Ms. Hashmi is an approved litigation-certified direct access barrister by the Bar Council. While many barristers hold direct access qualifications, only a very small minority are also authorized to conduct litigation.
Key Differences Between Litigation Qualified and Non-Litigation Qualified Direct Access Barristers:
- Non-Litigation Qualified Barristers:
- Draft legal documentation, but the client is responsible for printing, packaging, and serving the documents.
- Cannot accept service of proceedings or important documentation from opposing parties. Instead, such documents must be served at the client’s address and then forwarded to the barrister’s Chambers.
- This process can lead to complications, especially for clients who travel frequently or take extended holidays.
- Litigation Qualified Barristers (e.g., Ms. Hashmi):
- Have established systems to ensure that no documentation is overlooked and that a verifiable audit trail is maintained.
- Can manage all aspects of litigation directly, eliminating the inconveniences associated with non-litigation qualified barristers.
Services Offered by Ms. Hashmi Include:
- Sending letters and serving documentation on your behalf using her official letterhead.
- Instructing expert witnesses on your behalf.
- Issuing proceedings or applications on your behalf.
- Acknowledging service of proceedings.
- Receiving service of documentation at her practice.
- Issuing notices of appeal.
- Conducting other aspects of litigation that non-litigation qualified barristers are unable to perform.
By engaging Ms. Hashmi, clients benefit from a seamless and comprehensive litigation process that minimizes administrative burdens and ensures effective case management.
Please see link below for further guidance.
