Jonathan Maskew:
Today I’m with Stephen Harvey QC, Good morning, Stephen.
Stephen Harvey QC:
Morning, Jonathan.
Jonathan Maskew:
Everyone is keen to hear from of the country’s leading QCs about your perception of how we are currently positioned with Direct Access; just tell me how you’re finding it with clients currently?
Stephen Harvey QC:
Well I’ve been involved in a Direct Access practice now for a number of years.; and I have a very positive reaction, from virtually all my clients, I’m happy to say.
There are three essential advantages that the clients have made me very aware of:
The first, and most important, is the fact that it’s me that they deal with. And for regulatory reasons – they can only deal with me; they can’t deal with another barrister in chambers because we all run our own individual practices.
Particularly from those who have gone down the traditional route in the past who have instructed solicitors, who, in turn, have instructed barristers – those people have said – that they have particularly valued the opportunity of talking directly with the lawyer who is actually dealing with their case. Because they, in the past, have experienced being, ‘pushed’, really, from pillar-to-post- from one solicitor to another, from one partner to another, to a trainee, to a secretary… What they got sick of was having to tell their story over and over again.
Of course, what we provide on a Direct Access Front is what might be termed ‘perfect continuity’, from beginning to end. And that’s really the main of the three advantages that have been voiced to me.
The second, of course is cost.
And the third, of course, is the speed with which they can get counsel’s opinion, and my services, from the very outset.
Jonathan Maskew:
Thank you, so I get, as a client – for instance, if I come to a QC, (which I’m allowed to do) I get continuity, I get that sense of ‘added value’ don’t I, on the basis that I’m coming to you in the first instance – you can shape and influence a case (presumably) at an early stage?
Stephen Harvey QC:
Well, that’s very important: you can. And that’s particularly the case in, for example, Health and Safety investigations or Regulatory investigations. And Pre-Charge involvement can be influential, of course, to the decision that’s eventually taken as to whether or not there is going to be a charge.
And it most certainly is important with regard to the conduct of the case if it eventually ends up before a court.
Jonathan Maskew:
Indeed. But often, business and SMEs that I speak to have a misunderstanding, that because I’ve got a solicitor involved, at an early stage that I can’t come to you. But that’s not right, is it?
Stephen Harvey QC:
No, not at all, no. Now it’s virtually a level playing field. Members of the public can come directly to members of the Bar who are appropriately qualified to accept Direct Access work without more.
Jonathan Maskew:
So, just to confirm: I can come to you at any stage, as a small business, to instruct you?
Stephen Harvey QC:
You can, at any stage.
Jonathan Maskew:
And what about the cost? I’m a little bit concerned (As a business) that it’s going to cost me huge amounts of money so I get prevented, or deterred, from coming even to a legal advisor. Just give me some idea about fixed fees, for example?
Stephen Harvey QC:
Well, fixed fees are very fashionable. There is a commercial market place out there for the provision of legal services. Fixed fees are a sure way, an attractive way, and certainly clients find them attractive because they know what they’re getting involved with.
And of course there is now litigation funding – in terms of being able to borrow monies to fund litigation.
But, the big saving is that you’re paying one lawyer – not two.
Jonathan Maskew:
It’s quite simple and straightforward when you put it like that, Stephen. The modern approach from a business perspective is that I can come and instruct you – as a QC – you can give me a fixed, for the advice that I need.
Stephen Harvey QC:
Jonathan, you can come directly to me, a small and medium sized business can come directly to me, I can give advice, on a fixed fee basis, they will know exactly what the outlay is going to be beforehand, I’m very happy to give quotes in advance, and indeed, speak with prospective clients by way of telephone call – or even a video conference; setting out what their position is and giving them some broad advice from the very outset.
Jonathan Maskew:
That’s fantastic news for businesses that we speak to. One of the other things that are emerging, and we are developing, is online video technology. So we are, now, at the forefront of placing legal surgeries, which will offer business and small enterprises online videoconference advice, in the first instance free of charge. Just tell me how you envisage that developing for businesses?
Stephen Harvey QC:
Well I can see that growing very rapidly, because we’ve never been so bound by regulations; small and medium-sized businesses don’t have the resources to employ, for example, compliance officers and far less have compliance departments – which really are necessary to keep abreast of the sheer volume of regulations that are being produced, affecting every aspect of commerce.
What we can do is provide, effectively, a ‘health check’ in those surgeries, and for a fixed fee, appraise a company’s / business organisations processes – it comes under the rather grand title: Corporate Governance. But it is actually vital and integral part of any kind of business operation, and really no business can afford to ignore it. So yes, I think these surgeries are going to help businesses and will provide them with an opportunity of understanding the problem they’ve got, and if they want to take the matter forward by formal instructions – instructing barristers directly – they can do so. But we would give them the opportunity – or these surgeries will give them the opportunity of understanding what the size and the shape of the problem is.
Jonathan Maskew:
Stephen, that’s great, we’ve really enjoyed talking to you this morning, and we look forward to hosting one of the surgeries with you moving forward. Thank you.
Stephen Harvey QC:
Thank you.