Affordable legal advice from top ranked barristers

The Public Access Scheme was introduced in 2004 to allow people to get advice and help from a barrister without having to go through a solicitor. This means that you will not have to instruct and pay a solicitor and you can come directly to a barrister if your case is suitable.  Public Access is also known as Direct Access.

If your case is suitable for Public Access you will save on costs. You will also have the benefit of expert advice and strategic thinking. Some of our barristers sit as judges in Tribunals and Courts which means they have the unique ability to analyse the strengths and weaknesses of a case and the application of the law to a case.

You can also instruct a barrister for legal advice, or to draft documents for you. This means you do not need to have ongoing engagement, but can contact us to get help from a barrister only for specific parts of the case, where you need it most.

Garden Court has a proud history of winning ground-breaking cases of constitutional importance. Our legal challenges have overturned great injustices in many landmark decisions. Equally, our barristers fight hard for clients in countless cases that don’t hit the headlines, but are nonetheless vital for defending the rights of those we represent.

Garden Court Chambers offers our clients excellence in advocacy and legal advice. Our highly responsive Public Access Team ensures we maintain the highest levels of customer service.

The main difference is that barristers and solicitors undergo different training to qualify and have different sets of skills. Barristers are trained to argue cases in court and provide detailed legal opinions. Solicitors are trained to prepare cases and evidence and conduct other legal work.

There are some things that only a solicitor is allowed to do, such as filing an application in court, and there are some things that only a barrister is allowed to do, such as advocacy in the higher courts.

Some solicitors take special exams to allow them to do advocacy in higher courts. These are called Solicitor-Advocates. Some barristers have special authorisation to “conduct litigation” and can therefore do some of the tasks that normally only solicitors are allowed to do. For example, filing proceedings and applications at court, receiving documents on your behalf or serving documents on other parties.

Not all cases are suitable for Public Access. Barristers cannot “conduct litigation” on your behalf through the Public Access Scheme (unless they have specific authorisation from the Bar Standards Board) and, as a litigant in person, you will need to be able to manage your case.

A “litigant in person” is treated by the court, and other parties, as someone who is acting without any legal representation. If your case goes to court, you will be the person whose name appears in the court’s records. All the documents from the other parties, and the court, will be sent directly to you.

Although barristers cannot “conduct litigation” on your behalf, they can attend court hearings with you, and argue your case for you, through the Public Access scheme.

Some reasons why we may not be able to consider your case for Public Access are:

• If you need help explaining the facts and issues in your case. This is because in order for a barrister to advise you fully, they will need to know all the information about your case.
• If you need day-to-day support and contact with a lawyer. This is because barristers are often in court and need notice to arrange contact by phone or email.
• If you need help gathering and compiling evidence, or if there are many documents to go through that need to be summarised.
• If you need help completing forms or compiling a bundle, or if you need help with the administrative side of your case. This is because this work is not something that barristers usually do and a solicitor is better suited to this.
• If you need help liaising with a third party or getting disclosure.
• If you are detained in immigration detention. This is because there may be urgency in your case and a barrister may not be able to give frequent and urgent advice and assistance.
• If you may be eligible for Legal Aid. This is because a barrister cannot assess eligibility and grant Legal Aid funding. You will need a solicitor’s firm to do this or you can check on the government’s website.

The Public Access Team will assess whether your case is suitable, and if not, explain how you can find a solicitor or other organisation to help you.

A barrister can be instructed for the following work:

• Reviewing case papers and providing advice in conference, or in writing, on merits, legal options and steps you need to take
• Drafting letters, pleadings, particulars, grounds, skeleton argument or other papers
• Representing you at a hearing to argue your case in a Tribunal or Court
• Advising you on the need for an expert, helping you choose a suitable expert and preparing instructions for the expert

A barrister cannot be instructed for the following work:

• Handle your money or pay a third party for you
• Undertake the administrative management of your case in court proceedings
• File or serve documents at court or on other parties
• Go on the court record as an address for service

For full details of what a barrister cannot do for you please read points 19-20 of this guide: Public-Access-Guidance-for-Lay-Clients.pdf (barstandardsboard.org.uk)

A barrister may be able to help you put together the documents to send to the court but they cannot send them to the court for you. You will need to do this yourself.

You can contact the Public Access Team by email or telephone or you can complete our online form. The team will need:

• a summary of the issues in your case
• details of what help you need
• the budget you have in mind
• any particular barrister you have in mind. We can help you select a barrister if you are not sure.
• any documents that are relevant and essential to your case

We will then assess the suitability of your case for Public Access and, if suitable, check the availability of appropriate barristers. We will then come back to you with a fee quote and timescale for our services.

If you are happy with the quote, we will ask you to send us identification documents for our internal due diligence. These are usually a government issued photo ID and a proof of address, dated in the last three months.

The barrister will then issue their client care letter, which is the agreement between you and the barrister, and sets out the work they will do and the fees for this work. You will need to return a signed copy of this letter to confirm you are happy to instruct the barrister.

You will be sent an invoice with details of when and how to pay the fees.

Instructing a barrister is agreeing for them to do work for you in exchange for their fees.

Each case is different and we will aim to give you an accurate quote tailored to your specific needs. The cost depends on a number of factors, such as the barristers’ seniority and experience, and the amount of work involved. As a guide, we have details of how fees are calculated here.

We do not usually enter into Conditional Fee Agreements (“no win – no fee”) but do get in touch with us and we will assess this on a case-by-case basis.

If you think you may be eligible for Legal Aid funding, you can check here: Check if you can get legal aid – GOV.UK (www.gov.uk).

You can find a local Legal Aid solicitor to check your eligibility here: Find a Solicitor – The Law Society

You can find a local Law Centre to check your eligibility here: Get Help (lawcentres.org.uk)

If you are looking for pro bono help and advice you can contact: Advocate: Finding free legal help from barristers (weareadvocate.org.uk)

Advocate can also signpost you to other organisations who may be able to help. Please click here to view a detailed list of organisations and helpful guidance.

You will find details about our barristers’ specialist areas and experience on  our website here. If you need help choosing a suitable Public Access barrister, please give us a call.

If you already have a solicitor, then you can discuss this with them, and they can then speak to the relevant clerking team, to instruct a barrister.

Yes. Please contact the Public Access clerks by email (pa@gclaw.co.uk) or telephone (020 7993 7777) to discuss who is available from our team to conduct litigation.

These barristers can do some of the work that only solicitors can usually do. You can read more about this in The Bar Standards Board’s ‘Conducting Litigation’ Guide: Conducting-Litigation.pdf (barstandardsboard.org.uk).

Please read the Bar Standards Board’s Public Access Guidance for Lay Clients here.