Direct Briefing
A barrister in Victoria is bound by the Victorian Bar Practice Rules to accept an engagement on behalf of a client usually only through the client's lawyer (refer s3.2.3 of the
Legal Profession Act 2004).
In some circumstances a barrister may accept instructions from a client or approved professional organisation directly (without also needing to engage an instructing solicitor), in accordance with the Direct Access Rules in Part VI of the Practice Rules.
Direct access to a barrister is not permitted where:
- the matter involves an appearance in court in a civil case unless the written permission of the Ethics Committee is obtained;
- the matter involves an appearance in a criminal case in the County Court (unless briefed by Victoria Legal Aid) or higher courts; or
- the barrister considers it in the interests of a client that a lawyer (solicitor) be instructed.
A barrister shall not commence any work on a direct access matter until the barrister and the client have executed the standard terms of engagement approved by the Bar Council.
The Bar Council has approved two agreements for use by barristers in direct access matters; these can be viewed and/or downloaded below. If it is impossible to do so prior to commencing the work, the terms should be executed as soon as is reasonably practicable.
A list of approved professional bodies for direct access briefs is also available below.
Direct Access Briefs