The Bar Council can now make Direct Professional Access available to members of a professional body. A professional body for this purpose must be approved as such by the Bar Council.
What is Direct Professional Access?
In using Direct Professional Access, the fundamental features which must always be noted are the best interests and the well-being of the client. If, for example, a barrister concludes that the interests of the client are best served by the involvement of a solicitor, then as noted above, a solicitor must be retained by the member of the professional body who had originally sought to use Direct Professional Access. Although Direct Professional Access will usually be used to save either time or money or both, the quality of the legal service must not be diminished simply on the basis of satisfying those criteria.
Who has Professional Access?
The Bar Council has already approved applications from 16 Professional Bodies who may brief Counsel directly in non-contentious matters. As at 1st March 1997 members of the following bodies have Direct Professional Access:-
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Details concerning the procedure for application as a recognised professional body are available from the Chief Executive of the Bar Council at The Bar Library.
Advisory Work
When asked to provide written advice a barrister should be sent adequate instructions. These instructions should include background details of the nature of the issue and the advice required.
Court based work (including tribunals)
Solicitors will be familiar with the steps involved in briefing Counsel to appear in Court. Other professionals having direct access and wishing to instruct Counsel to appear before a tribunal should send instructions which will include a case introduction, witness statements and all other material documentation. In all circumstances a pre-hearing consultation should be arranged in order that the case issues can be fully debated.