Introduction

It recently became possible for members of the public in Ireland to engage barristers directly, without first going through a solicitor. Below are some of the questions which arise in the process of engaging Counsel directly.

Can I hire a barrister directly?

Yes, it has been possible since 25th September 2024 to hire a barrister directly for legal services in "non-contentious" matters. By "directly" we mean that it is possible to engage a barrister without first engaging a solicitor.

What is a "non-contentious" matter?

A "non-contentious" matter is a legal matter where, at the time of engaging the barrister, no legal proceedings (whether before a court, tribunal or arbitration) have yet been commenced. This is an important definition because it differs from the everyday usage of the word "contentious". The fact that the matter may involve a dispute does not mean that it is "contentious" if no proceedings have yet been commenced.

Does that mean I can hire a barrister directly even if I have a dispute with another party?

Yes. A barrister can assist you directly by advising you about the dispute and, importantly, about the merits of issuing or defending any legal proceedings in the future. This means that you can instruct a barrister directly for advice about an intended legal action, including whether such action is likely to succeed or not. If the barrister's advice is that you have a good case and you subsequently decide to issue legal proceedings, you will then need to also engage the services of a solicitor because the matter becomes "contentious" at that point.

Is there any advantage to hiring a barrister directly without a solicitor?

The advantage of engaging a barrister directly is that you only pay for one professional, the barrister. Engaging a barrister indirectly through a solicitor involves paying both the barrister and the solicitor for the same service. Therefore, engaging a barrister directly can result in substantial savings in legal fees. Another advantage our clients have noted is that they were able to form a closer bond with a barrister who worked with them directly, as opposed to where a barrister is engaged through a solicitor. In the latter situation, it is not unusual for a client to never even meet or communicate with the barrister except at court appearances or an initial consultation.

Are there any disadvantages of hiring a barrister directly?

If the barrister specialises in the specific area of law in which you require legal services then there is no disadvantage to hiring that barrister directly over hiring them through a solicitor. The only difficulty may be finding such a barrister yourself since it is still uncommon for barristers to advertise their services directly to members of the public.

I would like to directly engage a barrister. How do I find one?

This is unfortunately not straightforward. The Bar Council maintains a register of practising barristers but many of them may not accept direct instructions from a member of the public. Finding a barrister who accepts direct instructions is only half the battle – it is also important that the barrister should specialise in the area of law with which you require assistance.

Why would a barrister refuse to accept direct instructions?

There is no specific reason why this would be the case. Up until September 2024, it was simply not possible for barristers to accept direct instructions save in very limited circumstances. Since then, more and more barristers are beginning to accept direct instructions from members of the public while, in the case of many others, it is simply a matter of "old habits die hard". Others feel more comfortable dealing with solicitors rather than dealing directly with their clients. It is ultimately a matter of discretion for each individual barrister.

Does Corporate Legal provide direct access to barristers?

Yes. Corporate Legal was the first entity in Ireland to provide direct access to barristers for members of the public.

Do your barristers specialise in any particular area of law?

Our barristers specialise in company law, commercial law and financial services law. These can encompass a very wide net of legal topics and it is therefore advisable to contact us to see if your query falls into any of them. "Commercial law" in particular, can include things such as: insurance, intellectual property, contracts, commercial leases and so on.

Can I engage a barrister through the Corporate Legal website?

Yes. You can contact us through the website and we will forward your query to the most appropriate barrister for your requirements. If your query falls within one of the barrister's specialist areas of practice then we will be able to provide you with a quote and timeframe for doing the work.

When a barrister acts directly, is he/she still governed by the Bar Council and Legal Services Regulatory Authority codes of conduct?

Yes, every practising barrister is governed by these codes regardless of whether the services are provided directly or through a solicitor. This means, for example, that the barrister is required to be fully insured and to maintain the highest standards of professional conduct.

Are barristers limited to doing only court work?

No. Every practising barrister carries out some court work but they are not limited to this. Barristers can also: provide legal advice, draft complex legal contracts and other documents, communicate and negotiate on a client's behalf, carry out day-to-day legal work for a company or business, advise the Board of directors of companies, act as mediators and arbitrators, represent clients before tribunals, at mediation and arbitration.

What happens when I engage a barrister directly for legal advice?

This depends on the kind of advice being sought. In the vast majority of cases, the barrister will not be in a position to give you a "yes" or "no" answer straightaway. It is important to remember that legal questions are extremely nuanced and are sensitive to seemingly tiny details. It is also important to remember that the barrister is a stranger to your case and they will need to familiarise themselves with the facts until they know them inside out. Only then will the barrister be able to confidently provide legal advice. The process involves: talking with you about the matter, requesting documentation, carrying out research into any legal issues and then providing the advice in a written document called an "Opinion".

What is a legal Opinion?

It is a written document by which specialist lawyers such as barristers provide legal advice. As it says on the tin, the document contains the barrister's "Opinion" about the question or questions posed to him/her by the client. For example, if you asked the barrister to advise about your chances of success in a proposed legal claim, the Opinion will state what the barrister believes to be the correct answer based on the information you provided and the state of the law. The Opinion will state the barrister's degree of confidence in their answer. For instance, it may be concluded that you have an 80% chance of success or, if the case is weak, it may state that you have only a 20% chance of success and should therefore avoid pursuing the claim.

What if I do not agree with the barrister's Opinion?

We have found that, in the vast majority of cases with which we have dealt, the client did agree with the Opinion because it provided a clear and logical explanation as to why the barrister reached that conclusion. A client who does not agree with an Opinion can (a) nevertheless follow the advice contained in the Opinion while disagreeing with it, (b) disregard the Opinion and proceed against the advice or (c) obtain another Opinion from a different barrister.

What facts should I disclose/not disclose to my barrister when seeking legal advice?

The best approach is to disclose anything which you feel is relevant, even if it tends to weaken your position. If in doubt about whether something is relevant, the best practice is to go ahead and disclose it. The barrister will be able to tell you if it is relevant or not. One of the most common mistakes we find clients making is trying to "sell" their case to the barrister i.e. trying to persuade the barrister that their case is strong. It is important to remember that the case will ultimately be decided by a judge or other independent person, not by the barrister.

I have received Counsel's Opinion which says I have a strong case. I would like to proceed to court with it. Will you be able to provide a solicitor for me?

Corporate Legal provides access to leading commercial barristers. We do not provide access to solicitors. However, the barrister who provided the Opinion (including some barristers engaged through Corporate Legal) may be able to recommend or refer you to a solicitor. Not every barrister does this, so please ask your specific barrister for assistance.