How to instruct a direct access barrister: a step-by-step guide
A plain-English walkthrough of instructing a barrister directly in England and Wales, without a solicitor: when you can, how it works, what it costs, and how to start.
Most people assume that to get a barrister you first need a solicitor. For many cases, that is no longer true. Public access, often called direct access, lets you instruct a barrister yourself for advice, drafting and representation. This guide explains how it works in practice, when it is the right route, and how to get started.
What “direct access” actually means
Barristers are specialist advisers and advocates. Traditionally a solicitor managed your case and instructed a barrister on your behalf. Under the public access scheme, a barrister who holds the relevant authorisation can take instructions straight from a member of the public or a business. You deal with the barrister directly and pay for their time, rather than paying a solicitor to run the file as well.
When direct access works well
Direct access tends to suit cases where you need focused, specialist input rather than heavy day-to-day case management. Common examples include:
- Advice on the strength of a claim before you decide whether to fight
- Drafting court documents, contracts or letters of claim
- Representation at a specific hearing
- A second opinion on a settlement offer
When you may still need a solicitor
Honesty matters here. Some cases are not suitable for direct access, or only partly so. If your matter involves a large volume of paperwork, ongoing correspondence with other parties, holding client money, or certain publicly funded (legal aid) work, a solicitor may be the better fit. A good barrister will tell you at the outset if that is the case.
The steps
- Identify your area of law and what you need. Advice, drafting, or representation at a hearing are priced differently.
- Find a barrister with the right specialism and public access authorisation. You can browse by area and location, and check any barrister on the public Barristers Register.
- Make an enquiry. Set out your situation briefly. You do not need to share confidential detail at this stage.
- Have a first conversation. This is where you confirm the barrister is the right fit and they confirm your case is suitable for direct access.
- Agree the work and the fee. Many barristers offer fixed fees, agreed before anything starts, so you know the cost up front.
- Instruct. The barrister carries out the work and, where needed, represents you.
What it costs
There is no single answer, because it depends on the work and its complexity. The key advantage of direct access is transparency: you can often agree a fixed fee for a defined piece of work, or an hourly rate, before you commit. Paying the barrister directly removes a layer of cost compared with the solicitor-then-barrister route.
How to choose the right barrister
Look at their areas of practice, their year of call, and whether they are authorised for public access. Read their profile and any reviews, and check them on the Barristers Register. If you are not sure who you need, ask. At Barrister Link searching is free, and we can help you find the right person or point you in the right direction.
Getting started
If you think direct access might be right for you, tell us about your matter. We will help you find a verified, regulated barrister, or match you with one. There is no obligation, and searching is free.