Twenty Years of Direct Access

Author  Chensiyuan Licence CC BY-SA 3.0 Source Wikimedia Commons

 

Jane Lambert

The scheme known as direct or public access by which members of the public may approach barristers without first instructing a solicitor or other intermediary came into being on 1 July 2004. The 20th anniversary of the start of that scheme has coincided with the Bar Council's launch of a new Direct Access Portal and three YouTube videos entitled What is Direct Access?, What does a Direct Access Barrister do? and How to use the Direct Access Portal?  I was one of the first barristers to qualify for direct access.  I received my first instructions through the scheme within days of finishing the course.   I have continued to receive a flow of direct access work ever since.

The scheme implemented the recommendations of a report by a working party chaired by Sir Sydney Kentridge KC with the title Competition in Professions.  The report stressed that if the sources of barristers’ instruction were widened, the types of work available to barristers should not be.  Para 5 of the Bar Standards Board's 2008 consultation on the Public Access Rules noted:

"The principle governing the extent of what a barrister should be permitted to undertake under the public access scheme is still considered to be that it should be limited to that which a barrister can be expected to have the resources to undertake. If work is likely to need the resources of a solicitor then a barrister should not be permitted to undertake it without the involvement of a solicitor."

That principle effectively rules out litigation except for proceedings in the Small Claims Track of the Intellectual Property Court and some hearings in the Intellectual Property Office.

In my entry for the portal, I gave the following examples of work that I am happy to do without a solicitor or patent attorney intermediary:

"Advice on the optimum IP protection for a business, product or service in a given set of circumstances;
- Helping business owners conduct regular IP audits;
- Devising IP strategies that implement their business plans;
- Representation before Intellectual Property Office hearing officers in disputes with examiners over patentability of inventions or with third parties over ownership of parents, the registration of trade marks or designs and similar matters;
- Drafting submissions to examiners in requests for IPO opinions;
- Drafting and/or reviewing software development and maintenance contracts, source code escrow instruments, terms and conditions of business, privacy statements, franchise, end-user licences, non-disclosure and other business agreements;
- Representation in infringement and other proceedings before the Small Claims Track of the Intellectual Property Enterprise Court;
- Representation in UDRP, Nominet and other domain name dispute resolution proceedings."

In IP Services from Barristers, I wrote:

"If a client needs a patent or other registered right we can introduce him or her to a patent or trade mark attorney with exactly the right skills and experience for the job. Over the years we get to know a lot of patent and trade mark attorneys. solicitors and other professionals. We quickly learn who is good at one type of work and who is good at another."

I added:

"We meet a lot of people in our work who would be useful to a new business such as angels, business mentors, chartered accountants, foreign lawyers, product design consultants, specialist insurance brokers and venture capital fund managers. We can put clients in touch with them."

Anyone wishing to discuss this article may call me on 020 7404 5252 during UK office hours or send me a message through my contact form.