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Historically barristers have carried very low PII premiums due to the fact that they do not handle client money. If that changes under direct professional access rules, surely their premiums will sky rocket, along with the man hours involved in running case files and being available at the end of a telephone for urgent calls from disgruntled clients. How will the latter be achieved when the barrister is knee deep in cross examination during a 6 week trial? Moreover, with the onset of Mitchell, I envisage that litigation will soon become high risk business from an underwriting perspective, which again, will be reflected in higher premiums in any event.

We are now obliged to provide our clients with details of the means for them to complain directly about the service they receive from barristers at the point of instructing them. I can foresee many more claims being made against barristers by disgruntled clients because they did not like the outcome of a trial. I can also see difficulty with barristers being able to rebut scurrilous accusations if they deal with clients on a one to one basis. The barristers I brief like me to be present when advice is being proffered by them to the lay client, as it enables contemporaneous notes to be taken and affords them an added layer of protection.

Gone will be the days when a barrister's brief / instructions will be packaged, gift like, with pretty pink ribbon!