Except as mentioned below members of East Anglian Chambers, as individual lawyers, may only give advice to a particular person on a specific matter or cause if instructed to do so by one of the following:
- A solicitor or other “authorised person” (within the meaning of section 18(1)(a) of the Legal Services Act 2007)
- A qualified, foreign lawyer
- A person or organisation with licensed access.
Licensed access is a licensing system whereby organisations or individuals who are suitable to instruct barristers because they have expertise in particular areas of the law can apply to the Bar Council to be licensed to instruct barristers directly in those areas. The licence can cover advice or representation, or both, and permit licensees to instruct barristers either on their own affairs or on behalf of their clients.
Additionally, most members of East Anglian Chambers are qualified and willing to accept instructions in appropriate circumstances directly from the lay client, whether a business or individual, under the Bar’s Public Access scheme. This does not apply if the client can and wishes to obtain publicly funded representation (legal aid) or if the barrister considers that the client’s best interests are served by instructing a solicitor to undertake essential preparatory work, for example managing complex disclosure of documents or the taking of detailed witness statements from others.
East Anglian Chambers terms of service
Solicitors or other authorised persons
All briefs, instructions and requests for work to be done received from solicitors and other authorised persons (within the meaning of s.18(1)(a) of the Legal Services Act 2007) are accepted only upon the Bar’s Standard Contractual Terms for the Supply of Legal Services (as referred to in Rule rC30.9c of the BSB Handbook) unless other terms – such as the COMBAR/City of London Law Society Terms – have been expressly agreed with the barrister concerned and recorded in writing. The Bar’s Standard Contractual Terms (revised May 2018) are here.
The “cab rank” rule applies only to work offered on the Standard Contractual Terms.
Licensed and public access, and conditional fee agreements (CFAs)
Briefs, instructions and requests for work to be done which are received on a Licensed Access or Public Access basis or under a Conditional Fee Agreement are subject to their own distinct contractual terms and the Standard Contractual Terms do not apply per se, although barristers are free to incorporate elements of those terms into such arrangements by express reference.
We have considerable experience of Licensed Access work and are pleased to accept instructions coming from approved bodies. Our clerking team will be happy to advise Licensed Access clients as to what is required in Licensed Access work.
A quick enquiry form for use by Public Access clients can be found on the How to instruct us page on this site.
We are happy to accept instructions delivered by electronic means and we can, if clients wish, deliver paperwork by e-mail in a range of commonly used electronic formats.
All instructions received will be handled by both staff and members with due regard to the confidentiality of their contents and relevant data protection legislation. This is especially so where two or more members of chambers are acting for different parties in the same or related cases.
In addition we normally have pupils in chambers, and from time to time also students who come here for a few days to gain experience of life at the Bar. We require all who come here for training or experience to sign a confidentiality agreement. By instructing us you give your consent to them reading the papers you send us unless you ask us to ensure that this does not happen.
Fees for advisory work are usually charged at an hourly rate related to the seniority of the counsel instructed, the scale of the claim and the urgency of the matter. However, it is generally possible for our clerks to give a fixed quotation for a piece of work in advance. Brief fees depend upon the seniority of counsel, the scale and complexity of the litigation and the length of trial. Unless stated otherwise (for example work undertaken by 2nd or 3rd six pupils) all fees are liable to payment of VAT, and public access clients will be quoted the total, VAT-inclusive amount payable.
Members take publicly as well as privately funded work and will consider conditional fee arrangements in appropriate cases. Our clerking team is delighted to discuss these matters with solicitors and to arrange for the preparation of the necessary documentation, such as CFAs.
We aim to submit invoices or fee notes promptly on conclusion of the matter or at appropriate or agreed stages. In accordance with the Standard Contractual Terms we expect a privately funded case to be paid within 30 days of receipt of the invoice or fee note unless some other arrangement has been agreed. If this is not possible we would ask clients to discuss the matter with one of our clerks. We adhere to the Bar Council’s Guidelines when progressing collection of fees.
We regret that work cannot be accepted from any professional client listed on the “Withdrawal of Credit Scheme” unless a Public Funding Certificate is in force or payment is received in advance.