Hiring Barristers
If you feel that you are in need of the services of a barrister there are many different ways you can go about employing their expertise.
Direct Access
While it was once necessary to first enlist the services of a solicitor who could then hire a barrister on behalf of their client, a new governmental ruling - the Public Access Scheme (July 2004) has made it possible for individuals and companies (previously referred to as 'lay clients') to go direct to barristers, removing the need for a solicitor-intermediary. Known as 'Direct Public Access', this scheme allows for barristers to be enlisted directly through a chambers' Senior Clerk or from the Public Access Directory published on the Bar Council of England and Wales' website.
Other directories, such as the 'Legal 500' and the 'Havers Companion to the Bar', will also provide listings. Unfortunately in the case of criminal law barristers are only allowed to represent clients through the Public Access Scheme if the tasks to be performed are either advisory or as part of an appeal. If a criminal law case becomes too involved to qualify under the Public Access Scheme, the barrister is legally obliged to terminate the Public Access agreement and advise their client to seek the help of a solicitor.
Professional Client Access (Solicitor As Intermediary)
In most criminal cases it is necessary to have the assistance of a solicitor from the outset. This is what is known as 'Professional Client Access', whereby the client secures the services of a solicitor who will then seek the most experienced barrister for the case at hand. Because the roles of barrister and solicitor do not completely overlap (some duties can only be carried out by a solicitor, just as others can only be performed by a barrister), this arrangement acts to benefit the client above all else. Solicitors can provide guidance on funding (through the Legal Aid program, the Legal Services Commission, or perhaps as part of a pro-bono arrangement), can help negotiate the barristers' fees, and can help with collecting evidence and organizing witnesses for trial (these are tasks that a barrister is not legally allowed to undertake). For this reason solicitors can be an absolutely vital part of the overall process.
Another route through which relevant individuals and organizations can employ the services of a barrister is through the 'Licensed Access' scheme (formerly Direct Professional Access and BarDirect). Organizations, companies or individuals who have a professional awareness of an aspect (or aspects) of the law may be able to bypass the enlisting of a solicitor and go direct to a barrister for advice and guidance. Generally such a relationship must be approved by the Licensed Access division of the Bar Council.
Alternative Dispute Resolution
A further recent development supported by the Bar Council is the introduction of the Alternative Dispute Resolution (ADR) scheme. This scheme sees specially trained barristers act as mediators for disputes, presiding over mediation hearings and giving sound advice to all parties involved. The Bar Council publishes a Barrister-Mediator Directory that lists each barrister's field of expertise.
Legal Aid
A final point to consider is the possibility of being eligible for free legal representation. In Scotland the Free Legal Services Unit provides trainee-barristers to those deemed suitable for representation free of charge. In England and Wales the Legal Aid scheme provides a similar service. In both cases the applicant will have to demonstrate that they do not have the financial means to pay for legal representation themselves.