How to find a good direct access barrister who will work on legal expenses claims

[MGMidget]

We have an ongoing legal expenses claim and I want to try and switch from the insurer's chosen solicitor/barrister combo to a direct access barrister as a cost saving measure and because I don't rate the solicitor at all.

The problem is I don't have much knowledge of how to find good direct access barristers with specific skills sets/knowledge and who would take on legal expenses claims! I wondered if anyone could suggest good sources of review etc to help me and any good only search services? Any directories I can look at for reviews etc and also anywhere I can access these directories without spending a fortune buying/subscribing to them? Thanks.

Rankings are based on research conducted amongst lawyers generally, including in particular solicitors who instruct barristers.

You need to be careful with this. I suspect people only get on it by paying. I just tried searching in a fairly niche area of law I specialise in as a solicitor and didn't find one name I had even heard of, let alone that I rate as being any good.

This is pretty much it. You won't get funding for a KC but some of the juniors are really experienced and take direct instructions.

Could you be a bit more specific about the claim? If so, you would probably get a named recommendation.

I work for HMCTS so I checked this service out so no need to be worried. Barristers pay for the service and when you make your enquiry it is sent to a number of barristers within that area of law. They then contact you to discuss your case and you can choose who you think is best. In my case the barrister I chose secured me a non guilty verdict in a motoring conviction case. You can also check the barrister you have chosen on multiple review sites etc

Yes I believe they cant stop me appointing someone else as proceedings have been issued which means I have that right contractually.

I have not had a good experience with the panel solicitor who has been very uncommunicative and slow which I suspect has damaged our case owing to delays. I am also concerned they are racking up fees like they are going out of fashion and it is all shrouded in mystery owing to the relationship with the LEI. LEI insurer limit the hourly rate but that doesnt apply to what is claimed from the other side if we win and I guess one way to get round a low hourly rate is to record lots of hours of work! I dont want get too specific but on one major piece of the costs budget I just cant understand how they could have done the hours they claimed for example. I know it would get assessed at the end but it is another alarm bell to consider on top of everything else.

Also solicitors are passing most of the work to a barrister but then claiming large amounts of time in liaising and briefing even though I end up substantially rewriting any brief and have to supply lots of answers to the barristers questions on matters I have previously informed the solicitors about.

I understand the LEI has allowed direct access barristers before as I had an initial chat to sound them out on it and saw there was a previous decision from the financial ombudsman allowing this so in principal I think it can be done.

The LEI conditions may make it difficult to change in practice though as it depends what terms they impose on the barrister. I am just at the stage of researching what is going to be possible. There is also the challenge of getting the panel solicitor to hand over the files in a timely manner and the LEI to approve my choice of legal representative so there are obstacles to deal with.

Yes we could probably request another panel solicitor but I am assuming they would be no better than the current one and possibly worse!

I work in the legal sector, this is based on my experience but others may disagree…

If you are being funded by insurance you will probably struggle to get a very good direct access barrister willing to accept the hourly rates offered by the insurer.

Insurance funded cases often don’t pay the lawyers for months (sometimes a year) after the case concludes (which in itself can be months or years) and will challenge any fees they deem unnecessary. You are much more likely to take up more time, send your barrister more (and less focused) emails, want more time on the phone than instructing solicitors ever would - enabling the insurer to argue such time incurred was unnecessary meaning the barrister won’t be paid for it.

You are unlikely to be attractive to a successful barrister (sorry if that sounds harsh). Most direct access instructions are a financial loss for barristers if they are moderately successful in chambers. Taking on a direct access case usually arises from a sympathy for your case and financial situation, however you have the benefit of insurance (which was really wise of you to take out) so they are unlikely to feel sympathetic.

If you don’t like your panel solicitor, find a decent solicitor who will accept the insurers rates and make sure you get the insurers approval of the instruction before doing anything. Solicitors are more used to dealing with the admin of your case and working under legal expense arrangements, they will also have close links to barristers who are experts in their fields and who trust the solicitors’ judgment so more likely to take on an insurance funded case with their endorsement than direct from the client.

What hourly rate you are allowed will depend upon your home postcode, not the postcode of the chambers/firm. I know it sounds grossly unfair but it basically means that if you live in central London you are entitled to a barrister charging a higher hourly rate than if you live in Zone 3 or 4 so the top chambers are more accessible.
You would only get a higher rate for technically complex cases but reading your previous posts via search, it is a fairly bog standard claim I'm afraid.

Do you know how much of the allowance remains of the £50k/£100k? It does run out quickly and if you are down to only a few thousand then it wont cover much and you are more likely to get turned down.

Again I dont want to be too specific but there is still a lot left. However, it will quickly go over the limit if I stay with the present arrangement and most of it is duplication of solicitor and barrister doing the work. Other side are using a solicitor for much of their work and seem more efficient. I rarely get to speak to the solicitor on the phone anyway so not expecting to be on the phone to the barrister regularly. Problem is that as the case progessing the role of the barrister becomes more important hence if making a change I thought it would be better to try and find a direct access barrister. I am considering solicitors too.

Sometimes making a claim on your household insurance/legal expenses cover can be a complex nightmare. Often we think we are covered but in the occasional time of need, the reality turns out to be very different.
This is definitely worth a read and may help clarify a few points for you. It sets out base lines and expectations re insurance cover and gives examples of complaints received, the FO decisions and on what basis they arrived at their decision.
I found it informative.
www.financial-ombudsman.org.uk/businesses/complaints-deal/insurance/legal-expenses-insurance

Are you sure they have been wasting your budget if there is still a lot left?

The problem is that a DA barrister would usually expect a properly put together bundle and while it seems like a load of admin, solicitors usually provide them with this and they would not desire to represent upon the basis of a bundle prepared by a non-legal client (even if well informed). Solicitors generally decide the next steps and get the applications rolling in the correct order. There is some duplication, in terms of their roles, at times, inevitably.

Perhaps look for a good firm of solicitors outside of central London who will also represent you in court, much like your friend suggested. Their rates are usually half or less.

They may only charge £3,000 for an injunction application whereas somebody at the top like my OH can earn ten times that to achieve exactly the same result.

Thanks 20questions. I had already come across the financial ombudsman database of decisions which does indeed make informative reading but will check out your link in case there is anything different there. Yes, it can be complex because you are limited by the terms of the LEI cover so it is quite difficult to actually exert any right to your own choice of legal representation. I have stuck with the panel solicitor until now but I am seeing compelling reasons to try and make a change so doing my best to see if I can!