Direct access – the client interface

Anogika Souresh The barrister’s perspective

I undertook direct access training almost as soon as I became a tenant. Chambers was instructed by Approved Mental Health Professionals to give advice out of hours on a direct access basis and it was a fantastic opportunity to undertake Mental Health Act work. Since then, I have also undertaken direct access work on Children Act and Family Law Act matters.

The training itself provides solid reminders on the limits and remits of working as a barrister without a litigation extension. These reminders apply as much to my day-to-day work as a barrister as they do to direct access work.

Direct access work enables access to representation for those who cannot afford a panoply of representation. It ensures that access to legal advice and representation is available for those that are willing and able to undertake the work which barristers are prohibited from carrying out. I would always recommend a conference with a potential direct access client to ensure that they are able to undertake and fully engage in the elements of their representation which would ordinarily be carried out by a solicitor. It is important to always consider alternatives to direct access, such as whether the lay client requires the assistance of a solicitor or whether they might be entitled to legal aid funding.

For those who undertake direct access work, the ability to work with lay clients through direct access provides a number of benefits. It allows an in-depth understanding of court processes from the outset and the ability to advise on cases on a continuous basis. Barristers have the opportunity to identify the evidential gaps from an early stage, anticipate the procedural hurdles, and advise on these from the outset. This approach to case strategy will inevitably refine the lens through which all cases are viewed.

Direct access work requires a greater level of communication with lay clients, to include a more in-depth understanding of their concerns and objectives. This understanding, and the communication skills required to gain this understanding, are equally applicable in all aspects of work as a barrister. Direct access work reinforces the importance of clarity and precision in communication in circumstances where clients do not have a solicitor to clarify or expand upon advice. Advice must therefore be accessible and free of legalistic jargon. Legal advice must also be practical and actionable. Therefore, in all aspects of communication, direct access work reinforces the skills required as a barrister.

Ultimately, direct access work is not for every barrister, nor is it suitable for every client. But for those who are prepared to invest the time and effort in understanding the framework, it offers an opportunity to broaden a practice, reach new client bases and provide essential access to justice.

Niamh McCulloch and Rebecca Stevens The clerks’ perspective

The difference between a direct access enquiry and a solicitor’s enquiry has always been obvious, and at first, it was daunting. When a solicitor gets in touch, you usually receive a neat and structured summary with supporting papers in order. A direct access enquiry is nothing like that, the process begins much earlier, at the stage of a client’s first call or email. That makes the client interface critical, as we are now the first professional voice they hear. The first time it happened to us, the phone call came from an anxious client who launched into their story all at once. It definitely felt overwhelming at first, because someone is trusting you with deeply personal information during a stressful time. It quickly became clear that our role was not just to take notes and pass them on. We had to calm the client, earn their trust, and gently work out what the barrister would need to know. It demands new skills: filtering what matters, structuring next steps, and offering reassurance without overwhelming or confusing.

With direct access, the challenge is balancing empathy with focus: listening fully but also guiding them toward the information a barrister will need. The hardest part of these conversations is wanting to reassure the client and do everything you can to help. When someone is anxious and sharing their story, it is natural to want to keep listening and promise more than is realistic. The training gave us ways to manage that instinct without shutting clients down. For example, if a client begins to share their story in too much detail, we now say, ‘This is really important, could you email me the details so I can pass them straight to the barrister?’ It shows their words matter and nothing is being dismissed, but it also keeps the process clear and focused. We also use phrases that set out a path forward, such as ‘Leave it with me’ or ‘I can see this is urgent, here is what will happen next.’ These small but steady reassurances make a big difference to someone under pressure.

It is, furthermore, crucial to manage the client’s expectations from this initial conversation. The best way to ensure this is to explain the client’s role clearly and concisely to them in their own case and break down what the barrister will and won’t do. In direct access training, we reflected on the importance of transparency. The client needs to be aware of the scope, fees, limitations of the barrister’s role, and the political conflicts or inability to complete work. We were directed to the client care letter and how it can be utilised as a trust-building tool for both the clerk and client to refer to instead of viewing the compliance form as a mere ‘tick-boxing exercise’. Having a document to rely on that clearly defines the barrister’s role, along with the Bar Standards Board Guidance to Instructing a Barrister Directly, provides clear and formal guidance for the client and clerk to rely on.

With this transparency, the clerk can alleviate the client’s fear of the unknown. Understanding the process empowers both the clerk and the client. During the training, we discussed how to ensure a smoother relationship between clerks, barristers and clients by identifying potential conflicts and red flags. We learned how to practise caution and manage expectations, avoid poor documentation and preparation, deal with emotional volatility and even money laundering. Avoiding unnecessary difficult client interactions saves time and eliminates disappointments and frustrations later.

Direct access training does not just add a qualification but reshapes the unique experience of being a clerk.