What Types of Cases Are Not Suitable for Direct Access?

Direct Access is suitable for the large majority of civil and family law matters, but it is not the right approach for every type of case. Understanding where the limitations lie helps you make an informed decision about the route that is right for your situation.

Criminal Defence Cases

Criminal defence is the area most commonly identified as requiring solicitor involvement. A solicitor is needed for police station attendance, the preparation of a defence case statement, and the ongoing management of criminal proceedings through to trial. A barrister can and does conduct criminal trials and appeals, but in most cases a solicitor is also needed for the work that takes place before the case reaches the court. There are some limited circumstances in which a direct access barrister can advise a defendant in criminal proceedings, but this is the exception rather than the rule.

Conveyancing

Conveyancing, the legal process of transferring ownership of property, must be carried out by a solicitor or licensed conveyancer. It cannot be handled by a barrister under the Direct Access scheme. If you are buying or selling a property, you need a solicitor or conveyancer for that transaction, even if you use a direct access barrister for any associated dispute.

Complex Multi-Party Litigation Requiring Ongoing Management

Where litigation involves multiple parties, large volumes of ongoing correspondence with several different legal teams, and complex case management over an extended period, a solicitor is likely to be needed to manage the case alongside the barrister. The administrative burden of managing such cases without a solicitor is substantial and the risk of errors is higher. In these cases, the most cost-effective approach is often to use the solicitor for case management and the direct access barrister for the advisory and advocacy work.

Cases Requiring Court Funds to Be Held

Where a case requires a solicitor to hold court funds or give formal undertakings to the court or the other side, a solicitor needs to be involved. Barristers operating under the Direct Access scheme cannot hold client money in the same way that solicitors do.

When You Are Not Sure

If you are not certain whether your case is suitable for Direct Access, contact Barrister Connect. The team can advise you quickly on whether a direct access barrister can handle your matter, whether a solicitor is also needed for any part of it, and what the most cost-effective approach is for your specific situation. That initial conversation is free and without obligation.

Summary

Criminal defence, conveyancing, complex multi-party litigation, and cases requiring client funds to be held are the main areas where a solicitor is needed alongside or instead of a direct access barrister. For the vast majority of civil and family matters, Direct Access is entirely appropriate. Barrister Connect can advise you on the right approach for your specific case at no cost.

Getting the right legal help does not have to mean paying for more than you need. Talk to the Barrister Connect team about Direct Access today.