Rougemont Chambers have 27 barristers, 18 of whom have joined the small group of barristers able to work directly for the public without the necessity for a solicitor to be involved. If you are thinking of instructing a barrister in this way, reading this site first might be helpful. You might also like to look at chambers' website at www.rougemontchambers.co.uk

Below is a list of "Frequently asked Questions" which may help you to decide whether you want to instruct a barrister direct, without the involvement of a solicitor.

Table of Contents
What type of work do you do?
Why should I instruct you?
What type of work are you able to do when you are directly instructed?
Are there any areas of work where you can't accept direct instructions?
Are there any other situations in which you will not be able to accept direct instructions?
How do we contact you?
How do I know which Barrister to Use?
Do you only work in the West Country?
What are your charges?
Is it more cost effective to instruct you directly or through a solicitor?
Will my chosen barrister always be available?
Do we instruct you or your chambers?
Do you accept no win/no fee work?
What if I am eligible for legal aid?
Are you able to get any publicity for my claim?
What other information might we need?

What type of work do you do?
Due to the number of barristers at Rougemont Chambers who offer to assist members of the public directly, we are able to offer you a wide range of areas of civil law. We practice in the following areas: Commercial Law, Education Law, Employment Law, Housing Law, Insolvency Law, Judicial Review, Landlord and Tenant Law, Local Government Law, Mediation of Legal disputes, Planning Law, Probate matters and Trusts.

Why should I instruct you?
We are the leading chambers for Civil law in the West Country (Devon, Somerset and Cornwall). We work quickly and efficiently. When we take on a case, we will give you a time scale for the work we are doing and we will stick to it.

What type of work are you able to do when you are directly instructed?
We are able to advise you about the strengths and weaknesses of your case, and how to progress or deal with it. We may do this in writing, over the telephone or by meeting you face to face. We can draft documents for you to use in proceedings such as statements of case and witness statements. We can appear for you in court or in a mediation or arbitration. We may be able to negotiate with the other side for you. We can draft non-contentious documents, such as contractual terms and conditions. We can also write letters for you to sign and send to the other side, though we cannot actually send such a letters on your behalf.

Are there any areas of work where you can't accept direct instructions?
The Bar Council prohibits barristers doing crime, immigration and family (i.e. divorce and children) matters without a solicitor. You can instruct chambers directly in some types of family matters involving financial disputes. If we are not able to act in any particular matter, our clerks will be able to recommend reliable firms of solicitors with whom we regularly work.

Are there any other situations in which you will not be able to accept direct instructions?
There will be occasions where, although we want to work for a client, we do not feel able to do so without a solicitor assisting us. This may be because, for instance, it is necessary to obtain further evidence, which we are not permitted to do for you, or because your case requires more time than we can devote to it.

We are prohibited from receiving or handling money on a client's behalf. We can recommend a firm of solicitors, or accept instructions from any firm of solicitors that you choose to instruct.

There is no question of us receiving any commission from any solicitors we recommend. To do so would be a violation of the Bar Council's rules and quite wrong in principle.

How do we contact you?
Telephone 01392 20 84 84 and our clerks (Sam, Lisa and Harry) can put you straight through to your barrister if they are available or arrange for them to call you back, which they will usually do within 24 hours. Alternatively you can write to them at Rougemont Chambers, 8 Colleton Crescent, Exeter, Devon, EC4Y 7AS or e-mail clerks@rougemontchambers.co.uk.

How do I know which Barrister to Use?
You may have had a particular barrister recommended to you, or you may have instructed a barrister previously who you would like to instruct again. We will discuss your preferences with you, to ensure that you are instructing the right person. If you do not know who to instruct, the clerks will have a preliminary discussion with you to identify the nature of the case and the seniority of barrister that it is likely to require. The clerks will then put forward the names of those barristers who may be able to assist you, along with an estimate of fees, which may vary depending on the seniority of the barristers concerned.

Do you only work in the West Country?
We work mainly in the West County, although we are willing to work anywhere in England and Wales and regularly do so. We normally charge for travelling time, and it is possible that it could prove uneconomic to instruct us to appear in court a long way away. For advisory work or other written work, (bearing in mind electronic communications) it makes little difference where the dispute is based.

What are your charges?
Our fees will vary depending on the seniority of the barrister, the nature and complexity of the work and sometimes, the financial amount in issue in the proceedings. Normally, we can keep our hourly rates to below half of that charged by litigation partners in the large City of London firms of solicitors, while offering a service which is at least comparable to those they provide. Our clerks will always quote either an hourly rate or fixed total sum before taking on a piece of work. If we are asked to advise on a specific problem, we will usually be able to give a definite fee in advance. For matters where the amount of time we spend will partly depend on factors beyond our control, we may only be able to give an estimate.

Is it more cost effective to instruct you directly or through a solicitor?
Because barristers' overheads are much less than those of solicitors, we have traditionally been able to charge lower hourly rates than solicitors with comparable experience. Often, much of the work that would be done by a solicitor, such as photo-copying and collating documents, can be done by yourself, with our guidance. Some solicitors, particularly large firms, engage more than one person on a case as well as instructing a barrister, and clients have to pay for this duplication. Some people will prefer not to do any of the work themselves and to have all the work done by a professional in which case they may be well-advised to use a solicitor.

Will my chosen barrister always be available?
Most barristers spend a significant amount of their working time in court. This means that we will not always to available to take your calls or respond immediately to your enquiries. We do undertake to respond to you at the first opportunity and if there is likely to be a delay, the clerks will inform you of this. If it is very important to you that your legal advisor is always available during office hours, you may prefer to instruct a solicitor.

Do we instruct you or your chambers?
All practising barristers work independently rather than in partnership. Members of chambers pool expenses rather than fees and provide practical and professional assistance to each other. If any of them were, for instance, double booked, the clerks would normally suggest that someone else from chambers would cover that work. The client would not have to agree to this but if they did, they would then enter into a separate agreement with the other barrister.

Do you accept no win/no fee work?
The Bar Council has advised barristers not to accept work directly from the public on a no win/no fee basis (conditional fee). Only in an exceptional case, where the barrister felt there was a compelling reason, would they depart from that advice.

What if I am eligible for legal aid?
At the moment, public funding (previously known as Legal Aid) is not available for direct access to barristers. If you are eligible for public funding, our clerks would be happy to recommend a solicitor who is local to you and who we are confident would provide you with an excellent service.

Are you able to get any publicity for my claim?
No. Barristers are subject to strict rules of professional conduct on the issue of publicity. We will try to achieve your objectives through normal legal channels. If you wish to court publicity, that is a matter for you, but please do not expect chambers to get involved as we are unable to do so.

What other information might we need?
The Bar Council has an informative website, which sets out what barristers and solicitors both do: http://www.barcouncil.org.uk.