Terms of Business
Our Regulator
Members of Chambers are individual self-employed barristers each of whom is regulated by the Bar Standards Board. The BSB website includes the Code of Conduct which regulates the professional behaviour and standards of all barristers. Individual members of Chambers are all members of the Bar Council of England and Wales, an organisation which provides representation, support and services for barristers. All our members can be found on the BSB Barristers' Register.
Main Features of our Barristers’ Services and the Price
1. Standard terms with solicitors and other authorised persons
Our standard published terms of business are the contractual terms of business set out in Annexe T to the Code of Conduct.
We are seeking to agree generic terms of business with firms of solicitors for whom we regularly provide services. It is a breach of the Code of Conduct for a barrister to refuse to accept instructions to be undertaken in accordance with our published standard terms of business (i.e. the terms to be found at Annexe T or our other standard terms below).
2. Standard terms with other clients
Public and Licensed Access
You will find our standard public access agreement here
If you are not a solicitor or other "authorised” person (i.e. one regulated by the Law Society or SRA), then Chambers’ default position is that the barrister will provide services to you either under our standard Public Access agreement (if you are a member of the public) or under the standard Licensed Access agreements as recognised by the Bar Council (which apply to members of professional bodies such as the Royal Town and Country Planning Association and the Royal Institute of Chartered Surveyors).
3. Public Access
Depending on your circumstances we can help you find the right barrister at a price to suit your budget and level of enquiry.
How do I instruct a barrister?
Instructing a barrister direct is simple and easy. Contact us by email or phone and will be in touch with you shortly.
What is the advantage of coming to Bergen Chambers to instruct a barrister?
Public Access is an efficient and cost-effective way of obtaining legal advice/representation. By instructing us directly it enables you to obtain first-hand advice from a barrister which could result in a quicker resolution thus reducing your overall legal spend. Our work is charged either on a fixed fee basis or an hourly rate. You will be provided with a letter of engagement containing a note of the fees to be charged and only when agreed will our fees become payable. It is Chambers' policy that fees are paid prior to the barrister carrying out any specified piece of work.
What are the advantages of instructing a barrister direct?
Cost and efficiency. When both solicitors and barristers are involved this can increase the costs. Many problems can be dealt with a barrister direct and early advice generally produces a quicker resolution. We can advise you on the most cost-effective way to handle your problem
Is my case suitable for direct access?
If we assess that your case is not suitable for public access we will inform you as quickly as possible and if required we can help you find a suitable solicitor.
What will my role be if the case is direct access?
You will be treated by the court as a Litigant in Person even when instructing a barrister direct so you will carry out certain tasks which a solicitor would otherwise do. This would include preparing the papers that Counsel will need. You will also have to prepare instructions which are a synopsis of your case, a chronology or timeline of events and exactly what you are asking the barrister to do. Thereafter you would be told exactly what you have to do and be given draft letters and advice by your barrister.
Do I enter into a contract with the barrister?
Yes. Once fees have been agreed you will receive a contract signed by Counsel which will be in the form of a Client Care Letter. You will be required to sign to confirm agreement to the terms. It is important that you read this contract carefully.
When do I have to pay the barrister?
For every item of work or attendance at a hearing, the fees are paid in advance in line with the client care letter.
Public Access Guidance
Read the Bar Standards Board's Public Access Guidance for Lay Clients which explains how the Public Access scheme works, and shows members of the public ("lay clients") how they can use it to instruct barristers directly.
4. Transparency Statement
Bergen Chambers are able to provide fee estimates and will quote on a fixed fee or hourly rate basis dependant on the requirements of those instructing.
Bergen Chambers will also keep you updated on timescales and changes which may have an effect on your case. Timescales for a case may vary depending on factors such as barristers’ availability, the type and complexity of the case, the other side’s approach, the amount of papers you need to review, the need for additional information for documents, third parties intervening in the case and court waiting times. We endeavour always to work within a client’s requested time scale, however short that may be. In circumstances where a deadline cannot be met, the client will be informed at the earliest opportunity.
Bergen Chambers is fully committed to transparency in relation to fees. and we normally calculate them by reference to the amount of time required and a commercial hourly rate applicable to the relevant barrister.
Our fees are flexible and competitive, the hourly rates may vary as a result of the experience and seniority of your Barrister as well as its urgency and complexity.
When the case has been accepted and allocated to a Barrister, we will review the case and assess the matter to ensure that no further information is required. This assessment process may affect the standard turnaround time and the fee but the fee will be confirmed at this point. If you then agree to the work being undertaken, we will ask you to sign a Client Care Letter and you will be committed to pay the fee.
Please be aware that in the majority of cases the fee being quoted will be a net figure and VAT will need to be added unless specifically stated otherwise.
5. Complaints
In the first instance, complaints are dealt with by our own internal process. Full details of our complaints procedure can be found on our client care letter.
You may complain up to 6 years from the date of the incident however, you should lodge a complaint at the earliest opportunity.
If you are a client and do not accept our findings of the complaint, you may refer the matter to the Legal Ombudsman: https://www.legalombudsman.org.uk/
The Legal Ombudsman records data of the complaints it has investigated. That data can be found here: https://www.legalombudsman.org.uk/raising-standards/data-and-decisions/
If you are not a client and do not accept our findings of the complaint, you may refer the matter to the Bar Standards Board. A link to their website can be found here: https://www.barstandardsboard.org.uk/complaints-and-professional-conduct/
The Bar Tribunals and Adjudication Service investigate complaints made to the Bar Standards Board. Details of findings and sanctions can be found here: https://www.tbtas.org.uk/wp-content/uploads/hearings/4546/Approved-REport-of-Finding-and-Sanction-Wheaton.pdf