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The Public Access Scheme was established in 2004. [1] The scheme allowed members of the public to instruct barristers directly, without the involvement of a solicitor for the first time in more than a century. There was initially uncertainty as to whether clients would understand the limitations of barristers’ work.
Moreover, the current Public Access rules [1] provide that barristers are not allowed to take on public access clients unless doing so is in both the client's best interests and in the interests of justice. [2] Therefore, in complicated cases barristers must recommend to clients that they obtain external support from a solicitor or a PALS provider.
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A special category of litigant in person arises when a defendant in a criminal case dismisses their defence counsel and chooses to defend the case themselves. This is almost invariably an inadvisable course of action, since the law and procedure can be complex and the penalties if convicted can be severe.
Barristers undertaking public access work can provide legal advice and representation in court in all areas of law and are entitled to represent clients in any court or tribunal in England and Wales. Once instructions from a client are accepted, it is the barrister (rather than the solicitor) who advises and guides the client through the ...
If the barrister agrees and the matter is not serious, the panel can impose a fine, restrictions on their licence to practice, order them to complete ongoing professional development, or they can reprimand them. If the barrister disputes what happened, or the matter is more serious, the case is passed onto a Disciplinary tribunal. [10]
In common law jurisdictions and some civil law jurisdictions, legal professional privilege protects all communications between a professional legal adviser (a solicitor, barrister or attorney) and his or her clients from being disclosed without the permission of the client. The privilege is that of the client and not that of the lawyer.
Irish barristers are sole practitioners and may not form chambers or partnerships if they wish to remain members of the Bar of Ireland's Law Library. To practise under the Bar of Ireland's rules, a newly qualified barrister is apprenticed to an experienced barrister of at least seven years' experience.