Access no longer denied.

Byline: andrew butler and mark hoyle

Access no longer denied

The Bar is changing and innovative sets of chambers now recognise that their professional client base extends far beyond solicitors. Many accountants are still not aware that their own profession can obtain the services of barristers without the need to instruct a solicitor first.

The Licensed Access Rules and Recognition Regulations which confer this right apply automatically to firms of accountants who are members of one of a number of professional bodies.*

Even firms and practitioners who are not members of any of these bodies can apply to the Bar Council's 'Access to the Bar' committee for a licence, and such an application will be considered on its merits.

Used correctly, the ability to go direct to counsel can be a useful and cost-saving device. But what is the right situation in which to bypass the services of a solicitor? The key to this is an understanding of the kind of work barristers undertake. While barristers are primarily perceived as advocates, it is worth remembering that most are also pre-eminent in their chosen fields of legal expertise. Specialist barristers -- experienced in, for example, business and commerce, property, fraud or international dispute resolution -- can be hired ad hoc or become part of a team led by or working alongside accountants on any project which might benefit from their involvement.

However barristers will usually be retained for the purposes of litigation. One particular field which can benefit from the link between accountant and barrister is asset tracing, both within the UK and globally. Specialist barristers experienced in the methods and procedures for seeking and tracing assets, and recovering them, are an ideal fit with accountants instructed to identify and recover commercial or judgment debts for their clients. Equally, barristers can assist in protective debt management. Many are also skilled at mediating disputes.