Terms and conditions

Our terms:

  • 1. You are instructing us to instruct Mohammed Ali (Barrister) and employees of Access Barristers to do all the work needed under this arrangement. Both Mohammed Ali and Access Barristers are regulated by the Bar Standards Board.
  • 2. We have carefully considered the instructions and can confirm that we have sufficient experience and competence to undertake the work.
  • 3. If for any reason Mohammed Ali cannot carry out all the work you are instructing to him to do, or if we want to suggest that another barrister (instead of Mohammed Ali, or as well as Mohammed Ali) carries out the work for you, we may propose this and explain why we have made this suggestion. However, another Barrister will not carry out work for you unless and until you have agreed to this.
  • 4. There may be times when Mohammed Ali’s professional commitments clash. If we identify a possible clash of commitments and he is unable to work on your case we will do our best to:
  • (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 us a telephone number on which we will always be able to contact you.
  • (2) Suggest the name of another Barrister (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 an alternative Barrister by providing your details to chambers or an online set such as Clerksroom.
  • (4) Discuss with you the costs of using another Barrister.

The work we will carry out

  • 5. The work you are instructing us to carry out is set out in our cover letter.
  • 6. If subsequent work is needed on this matter, and we available to do the extra work, there will need to be another letter of agreement between us.

The range of work we can carry out

  • 7. 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 organisation or management of a case proceeding through a court.
  • 8. Here are some examples of work we can carry out.
  • (1) We can draft letters on your behalf.
  • (2) We can appear on your behalf to argue your case at court.
  • (3) If a witness statement is needed from you, we can draft it from what you tell us. We may also be able to help finalise a witness statement from another person based on the information that person has provided.
  • (4) We can advise you on the need for expert evidence and on the choice of a suitable expert and instruct an expert on your behalf. Expert evidence is evidence about a professional, scientific or technical matter provided by an individual with expertise in that area.
  • (5) We can draft formal court documents for you. However, we cannot serve court documents on other parties or file them at court on your behalf. You will need to take responsibility for serving formal court documents on other parties and filing them at court. Serving court documents is the process by which papers relating to a case are put before the court or tribunal and the parties, e.g. individuals or organisations, involved in the case. This usually signals the start of formal proceedings..
  • (6) We cannot go on the court record or provide our address to the court as the ‘address for service’ of documents (that is, the address which you are required to provide to the court for receipt by you of formal court documents sent by the court or other parties). You will be listed on the court record as a litigant in person. You will need to provide your own address as the ‘address for service’ of documents sent to you by the court and other parties.
  • 9. As you are instructing us without a solicitor, you must be sure that:
  • (1) you are able to do whatever is necessary for those matters that we cannot deal with; or
  • (2) 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. As a regulated Entity who employs a Barrister, We must follow the Code of Conduct in the BSB Handbook, which is available on the BSB’s website: https://www.barstandardsboard.org.uk/
  • 11. That Code of Conduct requires us to consider whether a solicitor needs to be instructed in your own interests. If there comes a point at which we consider you need a solicitor we will no longer be able to act for you without the involvement of a solicitor. If we foresee that situation arising, we will give you as much notice as possible.

Legal aid

  • 12. It is possible that you may be eligible for public funding or “legal aid” as it is usually referred to. However, we do not carry out legal aid work. 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 and family cases.
  • 13. You can find out more information on the www.gov.uk website: https://www.gov.uk/legal-aid
  • 14. If you wish to be assessed for legal aid for a civil / family case, you can contact Civil 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: https://www.gov.uk/check-legal-aid
  • 15. 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.
  • 16. We 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).
  • 17. 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 us without the benefit of any public funding that may be available to you.

My availability

  • 18. As all our professional work is carried out by our employee personally, there may be times when he is not available to you. For example, if he is in court for a day or for several days in a row. He may be totally unavailable to all other clients during that time. If you need to contact Mohammed Ali, please telephone him on the following number 07908136037. If you are not able to contact him by way of telephone you should send us an email, using the email address MA@accessbarristers.co.uk the subject field must contain the word ‘URGENT’ if the enquiry is urgent.

Fees

  • 19. Our fees for this work are set out in our cover letter.
  • 20. Under these terms, you are responsible for paying the fees set out in the cover letter.
  • 21. If you owe us any fees and do not pay them for more than three months after we give you a fee note, interest will be payable at 2% above the Barclays Bank base rate from 28 days of the date of the fee note.

Cancellation

  • 22. Your right to cancel (if any) is set out in our cover letter.
  • 23. You will lose any right to cancel this contract if the services have been fully performed at your express request within the cancellation period (in which case we will ask you to confirm that you understand you will lose your right to cancel).

Documents and consent to process personal data

  • 24. We agree that:
  • (1) We are entitled to keep copies of any documents you give us for our professional records for seven years in accordance with Rule C129 of the BSB Handbook; and
  • (2) We will return all your original documents to you when we have carried out the work you have instructed us to do, in accordance with Rule C131 of the BSB Handbook.
  • 25. We would prefer that you give us copies of documents rather than originals. Our preferred method of receipt is by way of email. However, if this is not possible, we may make a reasonable charge to you for producing photocopies.
  • 26. In signing these terms, you confirm that you have given us your consent to process your personal data for the purpose of carrying out your instructions. You have a right to withdraw consent, but if you do so we will not be able to carry out your instructions.

General obligations

  • 27. The information which you give us will be received in professional confidence. This means that we must maintain the confidentiality of any information you have shared with us and can only tell others about it if you give your consent for us to do so (which we would obtain if and when needed). The only exception is that statutory and other legal requirements may mean that we have to disclose (i.e. reveal) your information to governmental or other regulatory authorities,

e.g. organisations, whose rules we must meet, without your consent and without telling you that we have made the disclosure. Statutory and legal requirements are rules or regulations that an individual/ organisation must, by law, follow.

28. This contract will be governed by English law, and any dispute will be subject to the jurisdiction of the English courts. Jurisdiction means the power and authority of a court or tribunal to determine the outcome of a case and impose sanctions or penalties on those involved.

Complaints

29. We hope you will be happy with the professional services we provide. However, if you are not satisfied please consult the complaint procedure attached if you wish to raise a complaint.

An Authorised Entity and regulated by the Bar Standards Board

Chambers of Commerce Building, Elliot House, 151 Deansgate, Manchester M3 3WD

Company Number: 11728106

VAT Number: 313788684

An Authorised Entity and regulated by the Bar Standards Board

3 Hardman Square Spinningfields, Manchester, M3 3EB

Company Number: 11728106

VAT Number: 313788684

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This page is a trading style of Access Barristers

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