Public access barristers used mainly for advice, not representation

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Neale: Public confidence in Bar remains high

People who instruct barristers through the public access scheme are much more likely to be seeking advice than representation in court, new research has indicated.

The survey commissioned by the Bar Standards Board (BSB) also confirmed findings from last year that public confidence in barristers is high, but those from minority backgrounds have more doubts than white consumers about whether they treat everyone fairly.

The BSB commissioned Ipsos to survey a representative sample of 2,048 people to understand public awareness and confidence in the Bar and its regulation.

It is the second survey of its type, after the one published last year, and the BSB said it intended to repeat it annually so as to monitor trends.

A tenth of the sample had experience of instructing a barrister. While 40% of those who sought advice without going to court went directly to one, only 14% did the same for representation in court.

In all, 56% of the group instructed a barrister through a solicitor and 28% directly (the rest either did not know or did not want to say).

The research found that 48% of those who have worked or know someone who worked in the legal sector instructed their barrister directly, as did 48% of those from an ethnic minority background, compared to 20% from a white background.

Instructing a barrister directly was also more common among those from a higher social grade and among graduates.

The other figures were similar to last year’s: 98% of those surveyed had heard of barristers, 87% claimed to know something about them and 87% thought they were regulated.

At the same time, 46% had never heard of the BSB – albeit better than the 50% in 2024 – while 70% did not know whether the regulator was independent of the Bar Council.

Confidence in four aspects of the barrister’s role was tested: acting in clients’ interests, providing a competent standard of service, acting with integrity, and treating everyone fairly and without discrimination.

Most people expressed confidence in these, at around the 80% mark, except for the last one, for which the figure was 71% – while 14% of respondents were not confident that barristers treated everyone without discrimination.

The report noted that, across all the various segments of the sample, the proportion of respondents who were confident that barristers treated everyone fairly and without discrimination was lower than for the other statements.

“This is specifically significant for those from an ethnic minority background, with only 67% of respondents agreeing with this statement, while 21% of them are not confident about this statement.

“This compares to 72% of respondents from a white background who are confident about this statement, and 79% of respondents whose income is over £55,000 a year.”

The research report did not draw any conclusions from the findings.

BSB director general Mark Neale welcomed the findings that public confidence in the Bar remained high.

“We wish to develop an improved understanding of public awareness of, and confidence in, the profession, as well as understanding and awareness of barristers’ regulatory status and the role of the BSB.

“This will help to inform our work around our regulatory objectives, particularly around protecting and promoting the public interest, and improving public understanding of their legal rights and duties.”