Licensed Access - General and Introductory
To simplify terminology, the names of two schemes “Bardirect” and “Direct Professional Access” have now been changed to the one name – that of “licensed access”.
Licensed access is an initiative by the Bar Council which enables organisations, with appropriate experience and expertise, to use the specialist advice and advocacy services of a barrister direct, without the intervention of a solicitor. The scheme operates through a licensing system run by the Access to the Bar Committee of the Bar Council.
If you believe your organisation would benefit from a licence or would like further details of the scheme, please contact Joanne Dixon at the Bar Standards Board, 289-293 High Holborn, London WC1V 7HZ (Tel: 020 7611 1444).
What is Licensed Access?
Licensed access seeks to maximise client access to the legal profession whilst at the same time ensuring that the Bar retains its identity as a referral profession. The legal profession is responsible to the public for the provision of competitive and cost effective legal services of the highest professional standards. in meeting these goals the legal profession must ensure that the interests of the client are prioritised. Licensed access has been established to provide those organisations and individuals who possess the necessary skills and knowledge to do so, to have the opportunity to refer to the expertise of a barrister without the intervention of a solicitor.
Licensed access recognises that there are significant areas of work in which the traditional two layered legal system in which the Bar insists that only a solicitor can refer work to it may unnecessarily increase the costs which the client is required to bear.
Licensed access allows direct access to the services of a barrister from a far wider range of organisations and individuals than previously permitted. It means that under certain conditions, suitable organisations and individuals (From the business community to the voluntary sector) have direct access to a Barrister.
Licensed access is about ensuring that the Bar is a premier provider of competitive and cost effective legal services and that in offering those services to the Public it does not impose unnecessary restrictions.
Licensed Access Work
The Courts and Legal Services Act recognises a distinction between advocacy services and litigation services. The Bar believes that this is an important distinction in the provision of legal services and one which should be maintained in the interests of the public. The Bar is not equipped to and does not have the facilities to offer litigation services. The principle of a primarily referral based profession remains central to the profession and practice of a Barrister. Licensed access does not permit barristers to provide litigation services for which a litigation licence is required under the Courts and Legal Services Act.
The licensed access scheme ensures that the referrer has the skills necessary and the facilities available to instruct the Bar direct.
Applying for a Licence
Those organisations (or individuals) seeking a licence to enable them to instruct barristers direct, must complete an application form which should be returned to the General Council of the Bar, 289-293 High Holborn, London WC1V 7HZ. Applications are considered by panels of the Access to the Bar Committee. If granted, licences are usually tailor made to suit the skills and expertise of the organisation concerned and can cover both advisory and advocacy work. The licensee must send a copy of the licence to the barrister with each set of instructions.
