LSRA Guidance Note for Barristers on Direct Access in Non-Contentious Matters
A new LSRA Guidance Note for barristers provides information in relation to your obligations when providing legal services in non-contentious matters directly to a person who is not a solicitor.
This follows the commencement of section 101 of Legal Services Regulation Act 2015 (as amended) on 25 September 2024.
Section 101 states:
“No professional code shall operate to prevent a barrister from providing legal services as a practising barrister in relation to a matter, other than a contentious matter, where his or her instructions on that matter were received directly from a person who is not a solicitor.”
The Guidance Note sets out information on:
- What is a contentious matter
- Your obligations after receiving direct instructions in a non-contentious matter
- Your obligations in relation to costs transparency
The Guidance Note should be read in conjunction with the LSRA Code of Practice for Practising Barristers which came into effect on 26 September 2024.
Provision 3.12 of the Code states inter alia:
“In contentious matters, as defined in the Act, a practising barrister shall not take instructions directly from a client. However, in a matter other than a contentious matter a practising barrister may accept instructions from a person who is not a solicitor.”
You can read and download the Guidance Note here: Provision of Legal Services directly to Clients who are not Solicitors in Non-Contentious Matters: Guidance Note for Barristers
ENDS