What is Public Access?

Traditionally a client would, in the first instance, instruct a firm of solicitors to act on there behalf. Depending on the nature and demands of a particular case the solicitor would instruct a barrister to undertake certain aspects of the case on the client’s behalf.

If a barrister is public access, the member of public is able to instruct that barrister directly without the need to instruct a solicitor first.

If the barrister also has a litigation extension to their authorisation to practice (practicing certificate) then that barrister can also undertake litigation on behalf of the client. Litigation is the aspect of work historically the preserve of the solicitor's profession.

Mr Gerard Cullen is both Public Access and has the litigation extension. He also has over twenty years of litigation experience.

How do I instruct Mr Cullen via Public Access?

Please fill in the contact form and we will be in touch with you shortly.

What is the advantage of instructing a Barrister via Public Access?

Public Access is an efficient and cost-effective way of obtaining legal advice and representation. By instructing Mr Cullen directly it enables you to obtain advice directly from a barrister which could resolve matters more swiftly and reduce the overall costs of your legal services. Our work is charged either on a fixed fee basis or an hourly rate. You will be provided with a letter of engagement containing a note of the fees to be charged and only when agreed will our fees become payable. It is our policy that fees are paid prior to the barrister carrying out any specified piece of work.

Is my case suitable for direct access?

Some cases may not be suitable for Public Access. An example of this is where a client may be eligible for public funding (Legal Aid). If you may be eligible for Legal Aid and not know about it, we will let you know. You may not wish to pay us privately if you are able to instruct a solicitor under the legal aid scheme. We do however access every case and there may be various reasons why it is not suitable for Public Access.

What will my role be if the case is direct access?

Depending on your needs and the agreement that you enter into, will define what your role is in the case.

If you feel confident in undertaking the litigation role that would usually be undertaken by a solicitor this would reduce your reliance on your barrister and reduce costs. You would be treated by the court as a Litigant in Person even when instructing a barrister direct. As a Litigant in Person the litigation tasks that you would undertake would include preparing the papers that Counsel will need. You will also have to prepare instructions which are a synopsis of your case, a chronology or timeline of events and exactly what you are asking the barrister to do. Thereafter you would be told exactly what you have to do and be given draft letters and advice by your barrister.

If you do not feel confident in undertaking those tasks it may be that Mr Cullen would be happy to undertake those litigation tasks for you. This would of course increase the burden on Mr Cullen and in turn this would increase the cost to you in fees. You may also consider whether the instruction of a solicitor may be in your interests.

Do I enter into a contract with the Barrister?

Yes. Once fees have been agreed you will receive a contract signed by Mr Cullen which will be in the form of a Client Care Letter. You will be required to sign to confirm agreement to the terms. It is important that you read this contract carefully.

When do I have to pay the Barrister?

For every item of work or attendance at a hearing, the fees are paid in advance in line with the client care letter.

Public Access Guidance

Read the Bar Standards Board's Public Access Guidance for Lay Clients which explains how the Public Access scheme works, and shows members of the public ("lay clients") how they can use it to instruct barristers directly.