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The Public Access Scheme ("Direct Access") allows members of the public in England and Wales to instruct a barrister directly. In the past, it was necessary for clients to use a solicitor or other third party in order to instruct a barrister.
The Public Access Scheme was established in 2004. [1] The scheme allowed members of the public to instruct barristers directly, without the involvement of a solicitor for the first time in more than a century. There was initially uncertainty as to whether clients would understand the limitations of barristers’ work.
Over the course of numerous consultations conducted by the Bar Standards Board, the rules for public access practice were gradually relaxed to serve the public interest, particularly in light of pending cuts to Legal Aid funding. [2] The current Public Access rules, which enable a wider scope of direct public access to barristers than previous versions, are covered in C119-C131 of the Code of Conduct contained in the Bar Standards Board Handbook which came into force on 15 April 2015.
The main advantage of the Public Access Scheme for consumers of legal services is the opportunity to save on legal costs, specifically solicitor's fees. However, removing solicitors from the processes of running a legal case often requires that clients themselves must perform the majority of document management, filing, and other related activities in the context of conducting litigation.
Barristers are not allowed to take on public access clients unless doing so is in both the client's best interests and in the interests of justice. [3] Therefore, in complicated cases barristers must recommend to clients that they obtain external support from a solicitor. However, since the expense of using a solicitor can potentially defeat the 'cost-saving' purpose of the Public Access Scheme, consumers have the option of using a provider of Public Access Legal Support service (PALS), which is a specialised paralegal resource catering to barristers and clients who work together within the framework of the Public Access Scheme.
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, researching the law and giving legal opinions.
A lawyer is a person who practices law. The role of a lawyer varies greatly, across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, solicitor, legal executive, and public servant. — with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession.
An "advocate" is a professional in the field of law. Different countries and legal systems uses the term with somewhat differing meanings. The broad equivalent in many English law–based on jurisdictions could be a barrister or a solicitor. However, in Scottish, Manx, South African, Italian, French, Spanish, Portuguese, Scandinavian, Polish, Israeli, South Asian and South American jurisdictions, "advocate" indicates a lawyer of superior classification.
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.
A paralegal, also known as a legal assistant, or paralegal specialist is a legal professional who performs tasks that require knowledge of legal concepts but not the full expertise of a lawyer with an admission to practice law. The market for paralegals is broad, including consultancies, companies that have legal departments or that perform legislative and regulatory compliance activities in areas such as environment, labor, intellectual property, zoning, and tax. Legal offices and public bodies also have many paralegals in support activities using other titles outside of the standard titles used in the profession. There is a diverse array of work experiences attainable within the paralegal field, ranging between internship, entry-level, associate, junior, mid-senior, and senior level positions.
Legal ethics are principles of conduct that members of the legal profession are expected to observe in their practice. They are an outgrowth of the development of the legal profession itself.
A bar examination is an examination administered by the bar association of a jurisdiction that a lawyer must pass in order to be admitted to the bar of that jurisdiction.
Barristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. Barristers have traditionally had the role of handling cases for representation in court, both defence and prosecution.
In the English law of tort, professional negligence is a subset of the general rules on negligence to cover the situation in which the defendant has represented him or herself as having more than average skills and abilities. The usual rules rely on establishing that a duty of care is owed by the defendant to the claimant, and that the defendant is in breach of that duty. The standard test of breach is whether the defendant has matched the abilities of a reasonable person. But, by virtue of the services they offer and supply, professional people hold themselves out as having more than average abilities. This specialised set of rules determines the standards against which to measure the legal quality of the services actually delivered by those who claim to be among the best in their fields of expertise.
In common law jurisdictions, the duty of confidentiality obliges solicitors to respect the confidentiality of their clients' affairs. Information that solicitors obtain about their clients' affairs may be confidential, and must not be used for the benefit of persons not authorized by the client. Confidentiality is a prerequisite for legal professional privilege to hold.
An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates.
Solicitor advocate is a hybrid status which allows a solicitor in the United Kingdom and Hong Kong to represent clients in higher courts in proceedings that were traditionally reserved for barristers. The status does not exist in most other common law jurisdictions where, for the most part, all solicitors have rights of audience in higher courts.
In English law, the cab-rank rule is the obligation of a barrister to accept any work in a field in which they profess themselves competent to practise, at a court at which they normally appear, and at their usual rates. The rule derives its name from the tradition by which a hackney carriage driver at the head of a queue of taxicabs is obliged to take the first passenger requesting a ride.
The Solicitors Regulation Authority (SRA) is the regulatory body for solicitors in England and Wales.
The Law Society of British Columbia is the regulatory body for lawyers in British Columbia, Canada.
The Legal Services Act 2007 is an Act of the Parliament of the United Kingdom that seeks to liberalise and regulate the market for legal services in England and Wales, to encourage more competition and to provide a new route for consumer complaints. It also makes provisions about the Legal Profession and Legal Aid (Scotland) Act 2007.
An Attorney at law in Sri Lanka is the only legal practitioners authorised to represent others in all court of law in the island and are also authorised to give advice regarding any matter of law. Alternative terms include lawyer.
The Courts and Legal Services Act 1990 was an Act of the Parliament of the United Kingdom that reformed the legal profession and courts of England and Wales. The Act was the culmination of a series of reports and reforms that started with the Benson Commission in the 1970s, and significantly changed the way that the legal profession and court system worked.
The Legal profession in England and Wales is divided into two distinct branches under the legal system, those of solicitors and barristers. Other legal professions in England and Wales include acting as a judge, as the Attorney-General, as the Solicitor-General, or as the Director of Public Prosecutions.
Public Access Legal Support (PALS) is a highly specific category of legal service providers in England & Wales that are distinct from solicitors, barristers and paralegals, and that operate only within the framework of the Public Access Scheme.
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