Barrister or Solicitor? When You Can Instruct a Barrister Directly

For a long time, the only way to reach a barrister was through a solicitor. That is no longer true. Under the Public Access scheme, members of the public and businesses can instruct a barrister directly, without a solicitor sitting in the middle. For many immigration matters this can save both time and money. It is not the right choice for every case, though, and being honest about that is part of doing the job properly. This article explains, in plain terms, how the two roles differ, what direct access allows, and when you are genuinely better off with a solicitor involved.

What is the difference between a barrister and a solicitor?

Both are qualified lawyers, but they tend to do different parts of the work. Solicitors are usually the first point of contact. They handle the day-to-day running of a case: gathering documents, corresponding with the Home Office or other parties, managing files, and preparing the paperwork. Many solicitors also appear in court, particularly in the lower tribunals.

Barristers are specialists in advocacy and in giving focused legal opinions. They are the people who stand up in the tribunal or court and argue the case, and who advise on the strengths, weaknesses and strategy of a matter. A barrister spends a great deal of their working life on their feet in hearings and reading the fine detail of the law, which is why they are often brought in for advice, drafting grounds, and representation at appeals.

What does Public Access mean?

Public Access, sometimes called direct access, is a scheme introduced by the Bar Standards Board that allows you to instruct a barrister without first going through a solicitor. The barrister must have completed additional training to accept this kind of work, and they must judge that your case is suitable to be handled this way.

The practical effect is that you deal with the barrister directly. You explain your situation to them, they advise you, and where appropriate they represent you. You are not paying for a second set of lawyers to duplicate the reading-in, which is where much of the saving comes from.

What can a public access barrister do, and what can they not do?

A public access barrister can carry out a good deal of work directly for you. Typically this includes:

• Advising on the merits and prospects of your immigration matter or appeal
• Drafting grounds of appeal, witness statements and skeleton arguments
• Advising on the evidence you need and how to present it
• Representing you at hearings before the First-tier and Upper Tribunal
• Reviewing a refusal and advising on the best next step

There are limits, though, and it is important to understand them. A barrister generally cannot conduct litigation in the same way a solicitor does. That means they usually cannot formally issue proceedings on your behalf, manage the case file as the litigator of record, or handle client money. In practice, some administrative steps, such as filing documents by set deadlines and keeping the case bundle in order, may fall to you when you instruct directly.

When does direct access save you time and money?

Direct access tends to work best where the case is reasonably contained and the main value lies in expert legal judgement and advocacy rather than heavy administration. Good candidates include:

• You have received a refusal and need clear advice on whether to appeal
• Your documents are already organised and you simply need them argued well
• You need representation at a tribunal hearing and can handle the filing yourself
• You want a focused second opinion on the strength of your case

In these situations you go straight to the specialist, pay for their expertise, and avoid the added cost of a second firm managing the file. You also often get a more direct line of communication, because you are speaking to the person who will actually argue your case.

When is a solicitor still the better choice?

Being balanced matters here, because direct access is not always the right answer. There are cases where a solicitor genuinely adds value and where insisting on going straight to a barrister could work against you. Consider a solicitor where:

1. The evidence-gathering is complex. If your case needs a large amount of documentation collected, expert reports commissioned, or many witnesses coordinated, a solicitor is set up to manage that work in a way a barrister on direct access is not.
2. There is heavy litigation administration. Long-running cases with strict procedural steps, formal service of documents, and constant correspondence are easier to run with a litigator formally on the record.
3. You may qualify for legal aid. Public access work is privately funded. If your circumstances mean you might be eligible for legal aid, a solicitor who holds a legal aid contract is the right route, and it would be wrong to steer you away from that.
4. You would struggle with the admin. If keeping to deadlines and organising a bundle would be a real burden, the structure a solicitor provides is worth paying for.

A responsible barrister will tell you honestly when your case falls into one of these categories, rather than accepting work that would be better handled another way.

How does the process work, step by step?

Instructing a barrister directly is more straightforward than many people expect:

1. You make contact and give a short summary of your situation.
2. The barrister checks whether the case is suitable for public access and whether there is any conflict.
3. You receive a clear client care letter setting out the work and the fees, usually agreed in advance.
4. You send your documents and the barrister carries out the agreed work, whether that is advice, drafting or representation.
5. If at any point the case would be better served by a solicitor, the barrister tells you and can often help you find one.

How does MH Barristers help?

MH Barristers accepts public access instructions in immigration and asylum matters, from refusals and appeals through to representation before the tribunals. The starting point is always an honest assessment of whether direct access suits your case. Where it does, you deal directly with the barrister, with fees agreed up front so you know where you stand. Where a solicitor would serve you better, we will say so plainly. The aim is that you get the right kind of help for your situation, not simply the kind we happen to offer.