Terms & Conditions for Barrister’s Services

GENERAL: Instructing Barrister

To obtain the services of the Barrister and a quotation, professional clients and members of the public on a direct (public) access basis can contact Semega Chambers to obtain a quotation for legal services using the contact details provided on the Contact Us page of this website. 

However, by providing a quotation this does not amount to the acceptance of instructions. If you accept my quote, I will confirm in writing acceptance of your instructions and the terms and/or basis on which I will be acting and the fee quoted, subject to the provision of sufficient case information and documentation being provided by the client and therefore if subsequent additional information indicates a greater level of work, then a new quote of fees will be advised to the client for acceptance prior to work being carried out or court attended. Counsel’s fees may be reviewed from time to time.

Instructions from lay Clients on Public / Direct Access basis

Instructions are accepted directly from lay clients are accepted under the Bar Standards Board’s (BSB) Public Access scheme’s standard Public Access Scheme, (as modified by this Chambers or as otherwise agreed in writing) as contained in its Model client care letters.

• A sample form of client care letter (with no No-Intermediary) with terms of agreement can be obtained by clicking – Public Access Model Client Care Letter (No Intermediary)

• A sample form of client care letter (with Intermediary) with terms of agreement can be found by clicking the following link – Public Access Model Client Care Letter to Intermediary

The Model Client care letter of Semega Chamber are subject to amendments and so should be read with this point in mind.

A document that provides guidance on Public Access and its benefits to members of the public is the BSB’s Public Access Guidance for Lay Clients which can be obtained by clicking the following link below – 

https://www.barstandardsboard.org.uk/uploads/assets/20f0db2a-a40c-4af9-95b1b9557ad748e9/Public-Access-Guidance-for-Lay-Clients.pdf

Instructions from Solicitors and Other Authorised Persons

Governing Regulations:

As a Barrister at Semega Chambers, my services are provided to instructing solicitors and other Authorised Persons in accordance with and subject to The Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorised Persons 2020 (“the Standard Terms”) and the Bar Standards Board Handbook (as in force from time to time) which contained the Code of Conduct for barristers.

The Standard Terms apply, subject to the following amendments:-

1. Definitions:

• Authorised Person:
  • As per Condition 1.2, the term ‘Authorised Person’ shall include any licensed access client who delivers instructions to the Barrister per the Code.
• Services:
  • The definition of ‘Service’ in Condition 1.2 includes the Barrister’s commitment to prepare for and attend various hearings such as trials, appeals, arbitrations, or mediations.

2. Amendments:

• Brief Fee:
  • For the purposes of Conditions 11.1 and 11.2 a fixed fee agreed for preparation and attendance at a hearing (“brief fee”) is payable in full unless otherwise agreed in writing, even if the hearing does not occur post acceptance of the Instructions for any reason whatsoever.
• Attendance Fees:
  • Unless otherwise agreed in writing, the brief fee includes the Barrister’s attendance on the first day or part of a day of the trial, appeal or other hearing, but excludes his attendance on any subsequent days, which requires a separate fee (“refresher”) is payable.
• Exclusions of Liability:
  • Condition 10.2 is amended to state that — “Nothing in Clause 10 shall operate to exclude liability where the law prohibits such exclusion”
• Liability Limitations:
  • There shall be added to the Standard Terms a Condition 10.3 which places a liability cap as follows: “If the Barrister is liable solely due to contractual breaches, the liability is capped at the sum stated in the Agreement or £25,000 if no sum is specified.
  • There shall be added to the Standard Terms a  Condition 10.4which provides as follows: “Notwithstanding anything herein, the Barrister’s liability for breaches related to the Services provided is limited to the coverage amount by the Barrister’s insurers or as per Condition 10.3 where applicable”.
• Payment Terms:
  • Payments agreed with the Authorised Person must be made by the specified date or dates agreed, even if no invoice is sent /delivered, with time being of the essence  to the payment(s)). In those circumstances, Condition 12.6.3 applies in these situations.
• Dispute Resolution:
  • Condition 19.2 is subject to the provision for arbitration if, and only if, the Barrister requests it for disputes over fees exceeding £4,000 or any other matter relating to the Agreement to be determined by arbitration. The arbitration will be conducted by a barrister with at least 10 years of experience, appointed by the Chairman of the Bar Council. The arbitrator’s decision is final and binding on the parties.