Who Can Instruct Us 

Our extensive experience includes instructions in all types of work from various legal professionals, from solicitors to barristers to licensed conveyancers.

Recent changes to the law have also enabled us to take on an increasing level of work from companies, businesses and members of the public who may now take advantage of our services via Direct Public Access.

Fees

Chambers hourly rates range from £350 per hour to £550 per hour dependent on the area of law and experience of Counsel instructed. Chambers undertakes deferred and periodic payments where agreed in advance, fixed fees, contract fees including block contracts and retainers.

Chambers readily accepts licensed access and public access in accordance with Bar Council Regulations.

If for any reason you are not happy with the service provided by Bergen Chambers please email This email address is being protected from spambots. You need JavaScript enabled to view it. we aim to respond within 48 hours.

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.

Annexe T and Public Access Guidance

Click below to download.

Annexe T

Public Access Guidance (word document)

Complaints Handling Procedure & Legal Ombudsman Scheme

A: Introduction

1. You may make a complaint direct to us about a barrister at Bergen Chambers. You do not need to have a solicitor to make a complaint to us (though you may have one if you like).
2. Members of Bergen Chambers are independent professionals who join together in Chambers to provide services to themselves and their clients, including this Complaints Handling Procedure. Your complaint to the barrister will be handled by them.
3. We encourage you to make any complaint promptly and we may decline to deal with your complaint if it is about something that happened more than two years ago.
4. Our Complaints Handling Procedure is set out below. It is free of charge (there is no charge for making a complaint and we bear the cost of operating it).
5. The procedure is voluntary. However, if you are thinking of making a complaint under The Legal Ombudsman Scheme ("the LeO Scheme") he will usually require you to make a complaint to us first.
6. The LeO Scheme deals with complaints about the service received by the client whom the barrister was acting for in court (or advising out of court) whether he or she instructed the barrister through a solicitor or under the Public Access Scheme. Services provided by barristers in these chambers which are covered by the LeO Scheme mainly consist of advice given (on paper or verbally), documents prepared in the case and court appearances by the barrister (including any advice given, or negotiations which take place, outside court). A link to the Legal Ombudsman can be found here: 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/
7. If your complaint involves allegations of professional misconduct or professional negligence it may be that our Complaints Handling Procedure is not suitable to resolve it, or part of it.  You will be informed if it is considered that your complaint is wholly or partially unsuitable for our Complaints Handling Procedure for this reason. 
8. Any complaint which involves an allegation of professional negligence or any other possible claim on the barrister's insurers, the Bar Mutual Indemnity Fund Limited, will be reported to them even though the complaint is being investigated under our Complaints Handling Procedure. This is a requirement of the insurance.
9. We do expect you to co-operate with reasonable requests for further information and for clarification of your complaint and we reserve the right to complete our Complaints Handling Procedure on the information you have given so far if you persistently or in substance fail to cooperate in these respects or fail to respond to our correspondence in a reasonable time or at all.
10. Our procedure is mainly meant to deal with complaints by clients. If you are not a client, for example, if you are someone who was involved in a case but not the barrister's client (such as a solicitor, a witness or an opposing party); or if you want to make a complaint about a barrister's conduct unrelated to a particular case, you are free to make a voluntary complaint under our procedure which we will consider. However, in these situations your complaint is likely to be more suited to consideration by the Bar Standards Board or may be incapable of fair resolution because of the barrister's duty of confidentiality to his own client.  If it is considered that a non-client complaint cannot be resolved satisfactorily under our Complaints Handling Procedure, you will be informed and it is then up to you whether you take your complaint up with 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

B: When and How to Make a Complaint

By Telephone

11. You may complain by telephone or in writing. If you would rather speak by telephone, please call Alessandra Williams on 07460 946681.
12. If Alessandra is not able to take your call, please send her an email requesting she call you back. You should say that this relates to a complaint but you should not give details of your complaint (or the name of the barrister or staff member) in this email or telephone message. This is to protect your confidentiality.
13. When you speak to Alessandra she will make a note of the details of your complaint and what you would like to have done about it. She will discuss your concerns with you and aim to resolve them. If the matter is resolved she will record the outcome in an email to you. However if you are not saitsfied please go on to the next step.
14. If your complaint is not resolved on the telephone you will be encouraged to make a formal complaint in writing within the next 14 days to enable an investigation to take place. If we do not receive a written complaint within 14 days no formal complaint will be recorded and we will continue our usual procedures.

In Writing

15. To make a formal complaint in writing send a letter addressed to Alessandra Williams c/o Bergen Chambers, New Malden, Surrey. Please note we cannot be held responsible for postal delays. Alternatively you can send an email to : This email address is being protected from spambots. You need JavaScript enabled to view it..
16. Your letter should give the following details:

(1)         Your name and address. Please also give an email address and a daytime telephone number if possible. 

(2)         Your name and address The name of the barrister you are complaining about

(3)         Which member of chambers (or staff) you are complaining about.

(4)         What you are complaining about.

(5)         What you would like done about it.

17. If you have a disability or are not fluent in written English and as a result have difficulty in carrying out this procedure yourself - and you do not have a solicitor - you may ask someone else to make a written complaint on your behalf. We may require proof that you have given him or her authority and on what basis.

C: How we will deal with your complaint

18. All correspondence from us will be to the postal address or email address you have given us. It is up to you to ensure that you receive our correspondence.
19. Alessandra Williams will acknowledge we have received your written complaint by writing to you as soon as reasonably possible, usually within 2 working days of receipt. ("Working days" means weekdays, excluding weekends and the usual public holidays). She will also send you a copy of this procedure, open a complaint file reflecting that there is a complaint on the case.
20. The person appointed to deal with your complaint will ask you for any clarification or further information he or she believes is necessary to deal with your complaint. Usually our procedure is that the appointed person will consider your complaint on the material you have provided, put it to the barrister for a response and then put the response to you for any further comments you wish to make in answer to it, but the appointed person may vary this at their absolute discretion.
21. The appointed person will within 28 days (four weeks) of his or her appointment send you a decision letter:

(1)       Summarising his or her understanding of your complaint (or complaints).

(2)       Summarising what investigations he or she has made

(3)       Setting out his or her conclusion on each complaint and brief reasons for the conclusion

(4)       Setting out any proposals the barrister makes for resolving your complaint. Possibilities include (a) an apology and/or (b) waiver of fees and/or (c) undertaking further training. If the complaint is against a member of staff any proposals for resolving your complaint will be put forward by his employers.

(5)          Informing you that if you qualify under the LeO Scheme, the time in which you may make a further complaint to the Legal Ombudsman.

23. If more time is needed to reach a decision the appointed person will write to you within the 28 day period saying what the extended time for the decision letter will be. This will not exceed a total of eight weeks from the time your complaint is recorded, unless there is a good reason - which will be explained to you - and you agree.
24. Except in a case of obvious factual error which you point out in writing in 14 days, or in the absolute discretion of the appointed person, our Complaints Handling Procedure ends with the decision letter. If you accept the barrister's proposals for resolving your complaint an agreement to that effect will be recorded and any steps we have to take (such as waiver of fees, a letter of apology or any further training) will be promptly dealt with. If you do not accept you may make a further complaint to the Legal Ombudsman within 12 months (one year) of our decision letter. Equally, if we have sent you a letter declining to deal with your complaint the 12 months will run from then.
25. There is also an overall time limit for complaints to the Legal Ombudsman which is generally 6 years from the date of the incident complained about.

D: Records and Confidentiality

26. All conversations with you during the Complaints Handling Procedure and all correspondence and documents produced by you or us in the course of our Complaints Handling Procedure are confidential and only for the purpose of carrying out the procedure, except that:

(1)          They may be referred to by you or the barrister or staff member involved, in a subsequent complaint to the Legal Ombudsman;

(2)          Under a regulatory auditing requirement we must keep records of complaints and permit inspection of them by the Bar Standards Board. We will keep our file for 6 years to comply with that requirement.

(3)          You agree that those implementing any further internal procedures arising from your complaint, and who are responsible for the monitoring of the complaints procedure and considering improvements to it - may be given sufficient information about your complaint to carry out their functions. Where possible information supplied to them about your complaint will be anonymised.

(4)          If it is necessary to make a report to Bar Mutual Indemnity Fund Limited you agree that we may provide them with full details of your complaint.

27. So that we can comply with the regulatory requirement to keep a full record of complaints the only way to make a complaint to us about a barrister or member of staff at Bergen Chambers is by this procedure. If you (or your Solicitor) make a remark suggestive of a complaint about a barrister or staff member to a member of staff and it is not resolved satisfactorily at the time, you (or he/she) will be asked if you wish to make a formal complaint and, if you do, you will be asked to put your complaint in writing within 14 days, under the procedure explained above. If you do not, no formal complaint will be recorded.

E: Complaints to the Legal Ombudsman or the Bar Standards Board

28. If you are a Chambers' lay client and you are unhappy with the outcome of our Complaints Handling Procedure you may take your complaint up with the Legal Ombudsman or the Bar Standards Board. In general terms, the Legal Ombudsman deals with service complaints and the Bar Standards Board deals with professional misconduct and discipline. However, our understanding is that the Legal Ombudsman acts as a single point of contact for our lay clients and will refer any professional misconduct or discipline matters to the Bar Standards Board.
29. The contact details for the Legal Ombudsman are:

Legal Ombudsman

PO Box 15870

Birmingham B30 9EB

Tel: 0300 555 0333

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

30. If you are not a Chambers' lay client and are unhappy with the outcome of our Complaints Handling Procedure then you may wish to contact the Bar Standards Board:

Bar Standards Board
Professional Conduct Department
289-293 High Holborn, London, WC1V 7JZ
Tel: 020 7611 1444

Public Access Agreement Letter

Our Ref:


Dear


Re:
Thank you for your [letter of ...[insert date]] [phone call on ... [insert date]].

I would be pleased to accept instructions from you on the terms set out in this letter. It is important that you understand what these are. It is also important that you understand that I cannot do legal aid work unless I have been instructed by a solicitor.

If you agree with the proposed arrangement, please sign the enclosed copy of this letter and return it to me to record your agreement either by email or post.

The basis on which I carry out professional work

3. I am the only person you are instructing and I personally will do all the work needed under this arrangement. I am a sole practitioner although I practise with other barristers from a set of Chambers (barristers’ offices). 

4. If for any reason I cannot carry out all the work you are instructing me to do, or if I want to suggest that another barrister (instead of me, or as well as me) carries out the work for you, my clerk or I may propose this. However, another barrister will not carry out work for you unless and until you have agreed to an arrangement and have instructed the other barrister. If you feel that you would be happier with the services provided by an organisation (rather than an individual), you need to instruct a firm of solicitors. 

5. If the instructions include or are likely to include a brief for a specified day, there may be times when my professional commitments clash. If I identify a possible clash of commitments (meaning that I will not be able to work on your case), I will try my best to do the following.
   • (1)  Warn you as soon as possible and ask you how you would prefer to continue. As a result, it would be helpful if you would give me a phone number where I would always be able to contact you. 

   • (2)  Suggest the name of another barrister within my Chambers (of a suitable level of seniority and expertise), who is willing to accept your case under the same terms as this agreement. You would then need to decide whether you want to instruct that barrister. 

   • (3)  Help you find a barrister from other Chambers if there is not a suitable barrister within my Chambers, or if you do not want my Chambers to continue working on your case. 

   • (4)  Discuss with you the costs of using another barrister. 


The work I will carry out

4. The work you are instructing me to carry out is [insert]

5. If subsequent work is needed on this matter, there will be another letter of agreement between us.
6. Because I carry out all my work personally and cannot predict what other professional responsibilities I may have in the future, I cannot at this stage undertake that I shall be able to accept instructions for all subsequent work that your case may need.

The range of work I can carry out

7. I should explain to you the range of the work that barristers carry out, as well as the type of work they do not. Barristers advise on the law, draft documents for clients to use, and appear on behalf of their client before courts or other organisations. Barristers do not handle client money or undertake the administrative management of a case proceeding through a court. 


8. For example: 

9. I can draft letters on your behalf and send them by post;
10. I can appear on your behalf to argue your case at court or at a tribunal hearing; 

11. If a witness statement is needed from you, I can draft it from what you tell me;
12. I can advise you on the need for expert evidence and on the choice of a 
suitable expert. However I may not instruct them on your behalf. 

13. As you are instructing me without a solicitor, you must be sure that:
    • You are able to do whatever is necessary for those matters that I cannot deal with; or
    • You have made an arrangement with another person of suitable competence and experience to provide these services for you.

Circumstances when I may not be able to act for you

10. In all my professional work I must follow the Bar Code of Conduct. As a result, if I consider that a solicitor needs to be instructed in your own interests or for some other professional reason, I will no longer be able to act for you other than on the instructions of a solicitor. If I foresee that situation arising, I will give you as much notice as possible.

Legal Aid

11. It is possible that you may be eligible for public funding or “legal aid” as it is usually referred to. However, as a barrister I cannot do legal aid work unless I have been instructed by a solicitor. If you want to talk to someone in more detail about getting legal aid, you should contact a solicitor who does legal aid work. They will be able to advise you about legal aid arrangements relating to civil cases e.g. where you are in dispute with another individual or organisation and criminal cases e.g. where a crime may have been committed. 

12. You can find out more information on the gov.uk. Website: https://www.gov.uk/community-legal-advice 

13. If you wish to be assessed for legal aid for a civil case you can contact Community Legal Advice. This is a service which provides advice about family, debt, benefits, housing, education or employment problems. You can call them on: 0845 345 4345. You can also use their online legal aid calculator. This is a tool which allows you to check whether you can get legal aid for your case, if it is a civil case. This tool allows you to get online advice and can help you find a legal adviser near you: 
http://legalaidcalculator.justice.gov.uk/calculators/eligiCalc?execution=e2s1 


14. If you do not qualify for legal aid, you might like to consider whether you have any insurance policies that might cover your legal fees, or if the fees may be paid by someone else, for example a trade union. 

15. I can advise and represent you if:
    • you make an informed decision not to seek public funding; 

    • you make a public funding application, e.g. you have applied to get legal aid to help fund your case, that is rejected; 

    • you do not wish to take up an offer of public funding (perhaps because you consider that the level of contribution you will be required to make is too much). 

16. In signing these terms, you confirm that you have been informed that you may be eligible for public funding and where you can find further information. You are choosing to instruct me without the benefit of any public funding that may be available to you. 


My availability

17. As I carry out all my professional work personally, there may be times when I am not available to you. For example, if I am in court for a day or for several days in a row, I may be unavailable to other clients during that time.

Fees

18. [Option 1: My fee for the advisory and drafting work described in paragraph ... will be a fixed fee of £.... plus VAT (where applicable). You and I agree that I will not send to you the work you have instructed me to draft until you have paid the fee.] 
[Option 2: My fee for accepting the instruction to appear as an advocate on the occasion described in paragraph ... will be £.... plus VAT(where applicable). You and I agree that I will not go to the hearing unless you have paid the fee in advance. If for any reason the case takes longer than one day, I will charge an extra fee of £ ... per day plus VAT(where applicable). 
[Option 3: At the moment, I do not know how much work will be involved in your instructions. As a result, I cannot quote you a fixed fee at this stage. So I will charge you on a time basis at £... an hour plus VAT(where applicable). I will not carry out work that will cost you more than £... plus VAT without your permission. When I have finished the paperwork you have instructed me to draft, I will tell you how much the fee is. You and I agree that I will not send you the work until you have paid the fee.] 

19. Under this contract, you are responsible for paying my fees. Please arrange for payment to be made by BACS 


A/C Name: Bank: Branch:
Sort Code: A/C Number:

20. If you owe me any fees and do not pay them for more than three months after I give you a fee note, interest will be payable at 2% above Bank of England base rate from 28 days of the date of the fee note.

Documents

21. You and I agree that:
(1) I am entitled to keep copies of any documents you give me for my own professional records; and

(2) I will return all your original documents to you when I have carried out the work you have instructed me to do.

I would prefer that you give me copies of documents rather than originals. However, if this is not possible, I may make a reasonable charge to you for producing photocopies.

General obligations

22. The information which you give me will be received in professional confidence. The only exception is that statutory and other legal requirements may cause me to disclose information which I have received from you to governmental or other regulatory authorities and to do so without first obtaining your consent to such disclosure or telling you that I have made it. 

23. The contract we are making between us will be governed by English law, and any dispute will be subject to the jurisdiction of the English courts. 


Complaints

24. I hope you will be happy with the professional services I provide. . However, if you are not satisfied you should first refer the matter to my Chambers’ Practice Director in line with my Chambers’ complaints procedure. The full procedure can be found at [insert our link to my website]. If you need any assistance or require clarification of any points within it, please e mail This email address is being protected from spambots. You need JavaScript enabled to view it.. 

25. If you remain dissatisfied following the outcome of our internal complaints procedure, then you may complain to: 
Legal Ombudsman PO Box 6806 Wolverhampton WV1 9WJ 


Yours sincerely

«BarName»

By signing this agreement you agree to instruct counsel under the terms of this agreement Signed by:
Print Name:

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

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Updated 04 may 2018

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