KWS CHAMBERS

In 2004, changes in the law meant that members of the public, including private individuals; businesses and charities were permitted to instruct a barrister directly without having to go through a solicitor or intermediary. This is known as “public access”, or more commonly as “direct access”.

Historically, barristers in England & Wales could only accept instructions from solicitors and could not be consulted directly by members of the public. Barristers were considered to be too expert and too specialist to deal directly with lay clients.

It was left to a solicitor to first determine whether the legal problem that has arisen required the involvement of the expert barrister. If so, it was only the solicitor that could instruct the expert barrister on behalf of the lay client. Using a medical analogy, it is akin to having to see your General Practitioner (GP) before being referred to the Specialist Consultant.

In this traditional mode of operation, the lay client continues to pay for his solicitor while also paying for his expert barrister. While this has always been the case, it is unnecessary in certain modern circumstances and inevitably commercial pressures and modernity has brought a change. Professionals such as company directors, agents, architects, surveyors, construction engineers and other specialist consultants may not require hand-holding by a solicitor in order to consult the expert barrister about their case.

The main difference between barristers and solicitors is that barristers operate from their chambers in one of the 4 Inns of Court next to the Royal Courts of Justice. Barristers are specialists with in-depth knowledge of the law to provide legal opinion, advice, draft court pleadings and conduct legal argument and advocacy in the highest courts in the land. Solicitors, on the other hand operate mainly from their offices across the country. Solicitors are mainly generalists that can assist with the legal conduct of their client affairs and transaction such as conveyancing, drafting wills etc. Solicitors may consult barristers in respect of complex legal issues and litigation in the courts.

1. Contact Us. When you first contact us, tell us what your legal issue is concerning and what you would like to achieve. It would be helpful to give us copies of any documents for the barrister to consider, to understand your case better.

2. We will Quote you for our services. After we receive a copy of your documents and an explanation of what you would like the barrister to achieve, we will give you a quote for the barrister to advise you in a one-hour consultation.

3. Agree our Terms. Once the quote has been agreed, we will ask you to provide payment to secure your appointment; and anti-money laundering documents, such as your proofs of identity and address; to verify your identity.

4. Attend the Consultation. We will arrange a mutually convenient time for you to meet the barrister in consultation to provide you the advice. We offer consultations over cloud video platforms (such as Zoom, or Microsoft Teams); or in person at our chambers. The barrister will then give you advice on your legal position and the next steps.

5. Further Instructions. You may then wish to instruct the barrister to assist you with the next steps of your legal issue. Our clerks will give you a quote for each piece of work for your agreement before the barrister proceeds.

• Our London Direct Access Barristers are able to conduct your litigation so you don’t have to go from one solicitor’s office on the High Street to barristers’ chambers at the Inns of Court.

• A barrister usually has lower overheads, so this will usually be more economical than retaining the solicitor alone and will cost less than instructing both a barrister and solicitor.

• You get the earliest possible direct access to the specialist – not just when a problem gets to Court. This could save you the headache, heartache and expense of avoidable litigation.

• You will normally know in advance the basis upon which the work will be charged, as well as your advisors view on likely prospects of success.

KWS Chambers is a modern barristers’ chambers, based in London. The barristers in our Chambers specialise in providing legal advice and representation in variety of expertise including:

Alternative Dispute Resolution (ADR)
Company & Commercial Law
Construction Law
Dispute Resolution
Insolvency & Recovery
Private Client
Property Law
Planning Law

The cost of instructing a direct access barrister at KWS Chambers will depend on many factors, including the complexity of your case and the seniority of the barrister who is available to advise you. Your fee will be agreed in advance by our clerks.

For the avoidance of doubt we do not accept legal aid work; we do not offer free consultations; and we do not work on a no win, no fee basis.