Historically a Barrister could only be instructed by a Solicitor, who looked to them for expert advice.  This meant that if you needed the services of a Barrister you had also to instruct a Solicitor and pay for their services first. This has now changed and the Public Access Scheme allows contact directly with a Barrister without the need for a Solicitor thereby saving time and the obvious financial benefit.

For public access work Ian covers the geographical area from Sheffield to the Scottish borders. The costs involved will be fully discussed and agreed with you prior to any work being undertaken. Ian will advise you if your case is not suitable for public access and provide you with information on suitable Solicitors local to you.

If Ian is prepared to take on your case then how matters generally will proceed is as follows;

1. You will provide Ian with a written summary of the problem and copies of all the relevant documents that you have (Lawyers call this a set of ‘instructions’).
2. Ian will provide, in writing, a summary of the problem; what the legal position is and where you stand (Lawyers call this an ‘opinion’). This opinion will include a list of any further enquiries and/or action that you have to take.
3. If the problem is still not resolved you may send Ian a further set of instructions to bring or defend a claim. He will draft and provide you with the ‘Particulars of Claim’ or the ‘Defence’ (as appropriate) and written instructions what to do thereafter.
4. If the problem is still not resolved before trial then Ian will represent you at that hearing. The ‘Normal Rule’ is that the ‘loser’ pays the other sides legal costs. However, this cannot be guaranteed and if, say, you have acted unreasonably you may only get a percentage of your costs or, in bad cases, none of your costs. If you lose, you may have to pay the other sides costs.

This is a simplified version of events. The majority of problems do not necessarily end up at Court or Trial. The provision of an opinion, letting you know whether you are wrong or right, can often resolve matters (and save a lot of money in the long run). Sometimes, more than one opinion may be required, for example, to confirm the prior opinion after the results of your further enquiries and/or action are known.

If the problem is still not resolved, and you have a good case, you may want a Court to compel the other side to do the right thing (or you may have no choice if someone brings a claim against you). If so, you will have to reply to the Court's letters and comply with the Court's Orders as well as dealing with any other correspondence. However, you will still be able to consult Ian throughout this process so that he can talk you through anything you may not understand or represent you if and when necessary. Obviously, the more you do yourself the more you save.

For further details, information and guidance on the Public Access Scheme you may wish to read the information provided on the Bar Council Website particularly the document entitled ‘guidance for lay clients’ and also the Public Access Bar Association (PABA) website.