What work is a barrister prohibited from doing under public access?
The
role of a barrister is as an advocate. That means he can represent his
clients at a hearing and give advice or opinions. However a barrister,
in contrast to a solicitor, is not authorised under the Courts and
Legal Services Act 1990 to ‘conduct litigation’. Thus there are a
number of things which are part of the normal work of a solicitor but
which a barrister is not permitted to do.
• A barrister is not allowed to engage in correspondence on a client’s behalf.
• A barrister is not allowed to take responsibility for the general management of a client’s case.
• A barrister cannot hold his client’s money. This means he cannot make or arrange payment of court fees, expert’s fees or witnesses expenses.
• A barrister cannot issue proceedings, file documents at court or serve documents on other parties.
• A barrister is not allowed to investigate a case or collect evidence.
Thus if you instruct a barrister under the public access scheme it is quite likely that there are some steps you will have to take yourself – for example, dealing with the other side, liasing with the court or tribunal, collating evidence. Your barrister will usually be able to give guidance where it is needed. If he thinks that your interests will be best served by instructing a solicitor he is under a professional obligation to tell you.
• A barrister is not allowed to engage in correspondence on a client’s behalf.
• A barrister is not allowed to take responsibility for the general management of a client’s case.
• A barrister cannot hold his client’s money. This means he cannot make or arrange payment of court fees, expert’s fees or witnesses expenses.
• A barrister cannot issue proceedings, file documents at court or serve documents on other parties.
• A barrister is not allowed to investigate a case or collect evidence.
Thus if you instruct a barrister under the public access scheme it is quite likely that there are some steps you will have to take yourself – for example, dealing with the other side, liasing with the court or tribunal, collating evidence. Your barrister will usually be able to give guidance where it is needed. If he thinks that your interests will be best served by instructing a solicitor he is under a professional obligation to tell you.