Compliance

We are keen to provide open and transparent information in relation to the cost of our legal services provision. Our clerks are able to help you in assessing the appropriate counsel for your case and the likely cost, whether you are a professional or a direct access client. We work upon the information provided by our clients and provided the prospective case is within our areas of expertise – and there is sufficient information – we can give a quote for fees both verbally and in writing, usually via email.

Many criminal clients will be eligible for publicly funded representation through the legal aid scheme. These cases will require the client to instruct a solicitor who will consult with chambers to determine an appropriate barrister for the particular case.

Clients who do not qualify for public funding or who choose to pay privately may instruct counsel of their choice. They may discuss with us the most appropriate counsel for the case – either directly or via a solicitor. That discussion will include counsel’s current and future availability and the likely cost for their services.

We operate two main pricing methods for privately funded work at 2 Hare Court – fixed fee and hourly rates. Sometimes there is a need to use a combination of the two, for instance a trial preparation fee based on the rate per hour and fixed daily attendance fees. Full information will be given by our clerks when consulted and fees generated will be backed up with counsel’s written log of work done.

Factors that will be taken into account when assessing and proposing counsels’ fees include:

• The apparent complexity of the case;
• The seniority of counsel;
• The circumstances of the case, including whether it is of public importance;
• The volume of documentation and likely preparation time;
• The potential length of engagement in the case overall and any trial proceedings.

We are often asked to agree varied fee structures such as:

• A ‘whole case fee’
• Fixed brief fee (case preparation, conferences, and first day of trial) and fixed daily fees (refreshers)
• An hourly rate for preparation and fixed court attendance fees.

We are also amenable to considering differing payment terms, which can be discussed in detail with our clerking team at an early juncture.

Timescales for provision of our legal assistance can be affected by a number of different factors such as:

• The nature of the case;
• The availability of the barrister selected and any other professional or personal commitments;
• Timely case instructions and provision of all necessary material;
• Case complexity and volume of material to be read.

All barristers at 2 Hare Court, other than pupils, are registered for Value Added Tax and this will be added to their professional fees. They are also all regulated by the Bar Standards Board, covered by Bar Mutual Professional Indemnity Insurance and are registered with the Information Commissioner’s office.

Direct access clients will find more information on the services provided by chambers under this scheme in the dedicated section on our website here. The Bar Standards Board’s ‘Public Access Guidance for Lay Clients’ can be found here.

By way of general guidance counsel who receive instructions directly from a lay client in a summary only motoring offence, can provide advice and representation in the Magistrates’ Court.

These cases are typically in relation such offences as careless driving, driving whilst disqualified or without appropriate insurance, speeding, failing to stop etc. They usually take varying forms;

• Single hearing – advice and/ or representation;
• Plea of guilty including special reasons and hardship mitigation and any sentencing;
• Not guilty trial and any sentence hearing;
• Legal arguments in respect of admissible evidence and staying proceedings for legal reasons.

Cases can be adjourned for additional information or for evidence to be adduced, for pre-sentence or psychiatric reports or by other orders of the court.

You can ordinarily expect to receive any requested written advice within 2-3 weeks unless especially urgent. Our clerks will aim to ensure that the instructed barrister will be available to appear for you at court.

The fees you are likely to be charged are dictated by the particulars needs of you the client, and your case. The case maybe straightforward requiring junior counsel, or it may be of particular complexity necessitating the instruction of senior counsel, even up to the level of Queen’s Counsel.

It is likely that we would be able to charge you a fixed fee for this type of case, either for the whole case, or on an item by item basis, so that you would have a level of costs certainty at the outset.

A typical range of fees, to which 20% VAT must be added, would be:

• Written advice – £75 to £1000
• Preparation, conferences, assistance with documents – £250 to £2,500

(up to a maximum of 3 hours, £100 – £1,000 per hour thereafter)

• A ‘Guilty’ plea – £150 to £5000
• First appearance – £100 to £1500
• First day of trial – £750 to £10,000
• Refreshers – £250 to £2,500

This is a wide range of fees anticipating cases at both ends of the scale, but a more definitive guide will be offered to you on first contact with our clerks. There is however, no set upper or lower limit, each case would be assessed on its own merits. A formal contract between counsel and the client will be drawn up setting out the services to be provided, the fees for these services and payment terms.

In certain circumstances that may arise there may be additional work demanded of counsel which may result in extra costs to the client which you will be advised of at the first opportunity. These may include, but are not limited to: service of further evidence, changes in the client’s case, unforeseen lengthening of court proceedings.

Links to other useful information:

• BSB website ‘Public Access Guidance for Lay Clients’
• Legal Ombudsman website
• BSB Barristers’ register
• Legal choices website

Private instructions are accepted as per the new Standard Conditions of Contract for the Supply of Legal Services by Barristers to Authorised Persons 2012 and then updated in 2018 for GDPR.

Please click here for further information on the Bar Council’s website.

There are a number of ways to instruct a Barrister. Direct Access is the process where members of the public are able to instruct barristers directly, without employing a solicitor.

We offer Direct Access trained experts in the following practice areas, depending on availability and the suitability of cases:

• Business Crime & Financial Services
• Criminal Defence
• Criminal Regulatory
• Health & Safety
• Professional Discipline
• Tax

There are many benefits to instructing a Barrister direct, such as:

• You have direct contact with the specialist of your choice who will advise you and present your case before a court or tribunal;
• Once papers are received, you will be provided with an initial diagnosis and accurate estimate of costs;
• You avoid duplication of work and cost;
• Where the involvement of other professionals may be required, your barrister is well placed to suggest experienced and trusted advisers, and to provide a clearly defined scope of work for them to undertake.
• Full Bar Standard Board Guidance on how the Scheme operates can be found here.
• Legal Ombudsman resources can be found here.

Barristers must have undertaken training in order to accept Direct Access cases. Currently, public funding (legal aid) cannot be used to instruct a Barrister direct. In the event that you are eligible for, or have already been granted public funding for your case, our clerking team can assist by recommending an appropriate solicitors firm.

If you chose to instruct a 2 Hare Court Barrister directly the process is straight forward as set out below:

1. Complete the enquiry form below.
2. A member of the clerking team will contact you to obtain the relevant paperwork and instructions for review.
3. Your case will be reviewed by a Direct Access trained Barrister with the correct expertise for your case.
4. If your case is suitable to advance under the Direct Access scheme you will receive a Client Care Letter (a contract between yourself and the Barrister), which outlines the barrister’s role and limitations under the scheme, the work to be completed as well as the costs.
5. You will be asked to provide proof of identity (e.g. passport / driving license) and proof of address (e.g. utility bill) to comply with BSB regulations on money laundering. Copies will be taken and held on file.
6. You must return a signed copy of the Client Care Letter and payment preferences must be agreed with the clerking team.
7. Once all the documentation is in place, your case papers and instructions have been received and the fees have been agreed a Barrister can proceed with your case.

Licensed Access is where professional organisations or individuals can instruct barristers, either on behalf of clients or on their own account, if they are deemed or declared as suitable to do so because of their professional expertise.

Most qualified professionals who are automatically deemed suitable, such as:

• Accountants and taxation advisers;
• Architects, surveyors and town planners;
• Actuaries;
• Engineers;
• Insolvency practitioners;
• Insurers; and
• Valuers.

Other professionals can apply to the Bar Standards Board (the independent regulator of the Bar) to be licensed to instruct barristers directly in their areas of expertise, either generally or for particular work.

The Licensed Access Recognition Regulations and The Bar Standards Board Handbook for Licensed can be found here.

We offer trained experts on a Licensed Access basis across all of our Practice Areas and Industry Sectors. There are many benefits to instructing a Barrister direct, such as:

• You have direct contact with the specialist of your choice who will advise you and present your case before a court or tribunal;
• You avoid duplication of work and cost.
• You are guaranteed the provision of competitive and cost effective legal services.

For more information on how we can assist with your case please complete the form below:

2 Hare Court accept instructions from both solicitors and in-house counsel. They are governed by the Standard Conditions of Contract for the Supply of Legal Services by Barristers to Authorised Persons 2012.

Our experienced clerking team have extensive knowledge of:

• Chambers practice areas and industry sectors;
• The criminal and civil justice systems;
• Aligning the right experts with each individual case;
• The importance of competitive and cost effective legal services; and
• Value added services such as expert training and secondments.

We tailor our service to each client and are outfitted to deal with your queries efficiently and effectively to make sure the correct expert is recommended for your matter.

We continue to strive for improvements in the level of service we offer our clients and welcome your feedback.

Our reputation in the market

We are well known in our specialist practice areas and are recognised as a set in Chambers UK and The Legal 500. Most of our members are also ranked in these directories – details can be found on our Awards & Rankings page.

2 Hare Court offer a full range of advisory and advocacy services to clients across the world, including the ASEAN countries, Hong Kong and mainland China, UAE, Ireland, the USA, Russia, Italy, Jamaica, Turks & Caicos Islands and the Cayman Islands.

We accept instructions on referral from UK or international law firms and directly from foreign law firms, corporates or individuals.

We offer international experts in the following practice areas:

• Business Crime & Financial Services
• Criminal Defence
• Criminal Prosecution – Public
• Criminal Prosecution – Private
• Criminal Regulatory
• Health & Safety
• Licensing
• Professional Discipline

As well as international expertise in the following industries:

• Betting & Gaming
• Financial Services
• Sport

We are regularly appointed as Examiners for the purpose of taking evidence for use in foreign proceedings. As well as chairing meetings between multi-national companies and non-governmental organisations.

Experts from our Business Crime & Financial Services group regularly give international lectures on topics, such as bribery and corruption.

Our barristers who practice across various practice areas are fluent in French, Italian, Russian, Gujarati, Hindi, Punjabi and Urdu.

2 Hare Court takes pride in the level of service delivered to clients and are proud of our reputation within the legal market. We are constantly seeking to improve our service to clients and encourage feedback at any stage of instruction.

We understand that from time to time our service may fall short of expectations. Therefore it is essential that a formal complaints procedure is in place, enabling any complaints to be dealt with in a professional and sensitive manner.

Should you wish to lodge a complaint concerning our services, the nature of the complaint should be communicated to Julian Campbell, Director of Clerking at 2 Hare Court.

Complaints will be acknowledged within 72 hours of their receipt and will be dealt with according to Chambers’ Policies and Procedures.

We hope that you will use our procedure to resolve any outstanding issues. However, if you are unhappy with the outcome, you have the choice of taking up your complaint with the Legal Ombudsman. Please see our Procedure for further details here.

The Legal Ombudsman publishes details about decisions they have made. You can find them on their website here.

You can also search for barristers who are authorised to practise on the Barristers’ Register. This is published on the Bar Standard Board’s website here.

Please read the following information carefully. This privacy notice contains information about the information collected, stored and otherwise processed about you and the reasons for the processing. It also tells you who we share this information with, the security mechanisms we have put in place to protect your data and how to contact us in the event you need further information.

Who Am I?

Members, pupils, mini pupils and staff at 2 Hare Court collect, use and are responsible for personal information about you. When they do this they are the ‘controller’ of this information for the purposes of the GDPR and the Data Protection Act 1998.

This document sets out how any individual barrister at 2 Hare Court will use and retain your data.

If you need to contact 2Hare Court about your data or the processing carried out you can use the contact details at the end of this document.

What do I do with your information?

Information collected

When carrying on our business and practices, processing applications or providing references we may collect some or all of the following personal information that you provide:

1. personal details
2. family details
3. lifestyle and social circumstances
4. goods and services
5. financial details
6. education, training and employment details
7. physical or mental health details
8. racial or ethnic origin
9. political opinions
10. religious, philosophical or other beliefs
11. trade union membership
12. sex life or sexual orientation
13. genetic data
14. biometric data for the purpose of uniquely identifying a natural person
15. criminal proceedings, outcomes and sentences, and related security measures
16. other personal data relevant to instructions to provide legal services, including data specific to the instructions in question.

Information collected from other sources

The same categories of information may also be obtained from third parties, such as other legal professionals or experts, members of the public, your family and friends, witnesses, courts and other tribunals, investigators, government departments, regulators, and public records and registers.

How I use your personal information

We may use your personal information for the following purposes:

1. to provide legal services, including the provision of legal advice and representation in courts, tribunals, arbitrations, and mediations;
2. to keep accounting records and carry out office administration;
3. to take or defend legal or regulatory proceedings or to exercise a lien;
4. to respond to potential complaints or make complaints;
5. to check for potential conflicts of interest in relation to future potential cases;
6. to promote and market our services, but where this is done you will be anonymised where appropriate;
7. to carry out anti-money laundering and terrorist financing checks;
8. to train other barristers and when providing work-shadowing opportunities;
9. to respond to requests for references;
10. to publish legal judgments and decisions of courts and tribunals;
11. as required or permitted by law.

Whether information has to be provided by you, and why

If we have been instructed by you or on your behalf on a case, your personal information has to be provided, to enable us to provide you with advice or representation, and to enable us to comply with our professional obligations, and to keep accounting records.

The legal basis for processing your personal information

We rely on the following as the lawful bases on which we collect and use your personal information:

• If you have consented to the processing of your personal information, then we may process your information for the Purposes set out above to the extent to which you have consented to us doing so.
• If you are a client, processing is necessary for the performance of a contract for legal services or in order to take steps at your request prior to entering into a contract.
• In relation to information which is in categories (g) to (o) above (these being categories which are considered to include particularly sensitive information and which include information about criminal convictions or proceedings) we rely on your consent for any processing for the purposes set out in purposes (ii), (iv), (vi), (viii) and (ix) above. We need your consent to carry out processing of this data for these purposes. However, if you do not consent to processing for purposes (iv) and (ix) (responding to potential complaints and providing a reference) we will be unable to take your case. This is because we need to be able to retain all the material about your case until there is no prospect of a complaint and to provide an informed and complete reference.
• In relation to information in categories (g) to (o) above (these being categories which are considered to be particularly sensitive information and include information about criminal convictions or proceedings), we are entitled by law to process the information where the processing is necessary for legal proceedings, legal advice, or otherwise for establishing, exercising or defending legal rights.
• In relation to information which is not in categories (g) to (o) above, we rely on our legitimate interest and/or the legitimate interests of a third party in carrying out the processing for the Purposes set out above.
• In certain circumstances processing may be necessary in order that we can comply with a legal obligation to which we are subject (including carrying out anti-money laundering or terrorist financing checks).
• The processing is necessary to publish judgments or other decisions of courts or tribunals.

Who will I share your personal information with?

If you are a client, some of the information you provide will be protected by Legal Professional Privilege unless and until the information becomes public in the course of any proceedings or otherwise. As barristers, we have an obligation to keep your information confidential, except where it otherwise becomes public or is disclosed as part of the case or proceedings.

It may be necessary to share your information with the following:

• data processors, such as IT support staff, email providers, data storage providers;
• other legal professionals;
• experts and other witnesses;
• prosecution authorities;
• courts and tribunals;
• the staff in chambers;
• trainee barristers including pupils and mini-pupils;
• lay clients;
• family and associates of the person whose personal information we are processing;
• other members of chambers in order to discuss your case or ensure cover of hearings where the barrister managing your case is not available;
• barristers and staff at other chambers, where a barrister at 2 Hare Court is not available to cover your case and a barrister at another chambers needs to be instructed;
• in the event of complaints, the Head of Chambers, other members of Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman;
• other regulatory authorities;
• current, past or prospective employers;
• education and examining bodies;
• business associates, professional advisers and trade bodies, e.g. the Bar Council;
• the intended recipient, where you have asked 2 Hare Court to provide a reference.
• the general public in relation to the publication of legal judgments and decisions of courts and tribunals.

We may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without our consent or yours, which includes privileged information.

We may also be required to disclose your information to the police or intelligence services, where required or permitted by law.

The personal information we obtain may include information which has been obtained from:

• other legal professionals
• experts and other witnesses
• prosecution authorities
• courts and tribunals
• trainee barristers
• lay clients
• family and associates of the person whose personal information I am processing
• in the event of complaints, the Head of Chambers, other members of Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman
• other regulatory authorities
• current, past or prospective employers
• education and examining bodies
• business associates, professional advisers and trade bodies, e.g. the Bar Council
• the intended recipient, where you have asked me to provide a reference.
• the general public in relation to the publication of legal judgments and decisions of courts and tribunals
• data processors, such as IT support staff, email providers, data storage providers
• public sources, such as the press, public registers and law reports.
• Cloud data storage services based in the USA who have agreed to comply with the EU-U.S. Privacy Shield, in order to enable storage of your data and/or backup copies of your data so that it can be accessed when required. The USA does not have the same data protection laws as the EU but the EU-U.S. Privacy Shield has been recognised by the European Commission as providing adequate protection. To obtain further details of that protection see https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/eu-us-data-transfers_en
• Cloud data storage services based in Switzerland, in order to enable storage of your data and/or backup copies of your data so that it can be accessed when required. Switzerland does not have the same data protection laws as the EU but has been recognised by the European Commission as providing adequate protection; see https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/rules-international-data-transfers_en and https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en and https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en

If you would like any further information please use the contact details at the end of this document.

How long will 2 Hare Court store your personal data?

We will normally store all your information:

• Until at least 1 year after the expiry of any relevant limitation period (which will usually be 6 years, but may be 12 years, or longer where the case includes information relating to a minor), from the date of the last item of work carried out, the date of the last payment received or the date on which all outstanding payments are written off, whichever is the latest. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period. The latter retention period is likely to occur only where the information is likely to be needed for legal proceedings, regulatory matters or active complaints. Deletion will be carried out (without further notice to you) as soon as reasonably practicable after the data is marked for deletion.
• Circumstances in which data is likely to be retained beyond 1 year after the expiry of the relevant limitation period include where a lengthy sentence has been imposed and an appeal against sentence or conviction, or a complaint, remain possible. In such a case your information will be retained until such an appeal or complaint is no longer a realistic possibility.
• We will store some of your information for which we need to carry out conflict checks for the rest of a barrister’s career. However, this is likely to be limited to your name and contact details or the name of the case. This will not include any information within categories (g) to (o) above.
• Information related to anti-money laundering checks will be retained until five years after the completion of the transaction or the end of the business relationship, whichever is the later;
• Names and contact details held for marketing purposes will be stored indefinitely or until we become aware or are informed that the individual has ceased to be a potential client.

Consent

As explained above, we are relying on your explicit consent to process your information in categories (g) to (o) above. You provided this consent when you agreed that a barrister at 2 Hare Court would provide legal services.

You have the right to withdraw this consent at any time, but this will not affect the lawfulness of any processing activity we have carried out prior to you withdrawing your consent. However, where we also rely on other bases for processing your information, you may not be able to prevent processing of your data. For example, if you have asked a barrister to work for you and the barrister has spent time on your case, we may owe you money which you will be entitled to claim. The withdrawal of your consent will also not affect the lawful retention of your information for the purposes of a potential complaint or appeal, in accordance with our retention policy.

If there is an issue with the processing of your information, please contact 2 Hare Court using the contact details below.

Your Rights

Under the GDPR, you have a number of rights that you can exercise in certain circumstances. These are free of charge. In summary, you may have the right to:

• Ask for access to your personal information and other supplementary information;
• Ask for correction of mistakes in your data or to complete missing information held on you;
• Ask for your personal information to be erased, in certain circumstances;
• Receive a copy of the personal information you have provided to us or have this information sent to a third party. This will be provided to you or the third party in a structured, commonly used and machine readable format, e.g. a Word file;
• Object at any time to processing of your personal information for direct marketing;
• Object in certain other situations to the continued processing of your personal information;
• Restrict processing of your personal information in certain circumstances;
• Request not to be the subject to automated decision-making which produces legal effects that concern you or affects you in a significant way.

If you want more information about your rights under the GDPR please see the Guidance from the Information Commissioners Office on Individual’s rights under the GDPR.

If you want to exercise any of these rights, please:

• Use the contact details at the end of this document;
• Provide sufficient information so that you can be identified;
• Provide a contact address so that you can be contacted to request further information to verify your identity;
• Provide proof of your identity and address;
• State the right or rights that you wish to exercise.

We will respond to you within one month from when we receive your request.

Marketing Emails

Please note if you wish to unsubscribe from any marketing emails that you have signed up for, you can do so by emailing Julia Fox or the Clerks. It may take 5 working days for this to become effective.

How to make a complaint?

The GDPR also gives you the right to lodge a complaint with the Information Commissioners’ Office if you are in the UK, or with the supervisory authority of the Member State where you work, normally live or where the alleged infringement of data protection laws occurred. The Information Commissioner’s Office can be contacted at http://ico.org.uk/concerns/.

Future Processing

2 Hare Court does not intend to process your personal information except for the reasons stated within this privacy notice. If this changes, this privacy notice will be amended and placed on the website.

Changes to this privacy notice

This privacy notice was published on 14th November 2023 and last updated on that date.

We continually review our privacy practices and may change this policy from time to time. When we do it will be placed on the website.

Chambers want everyone who visits the 2 Hare Court website to feel welcome and find the experience rewarding.

What are we doing?

To help us make the 2 Hare Court website a positive place for everyone, we’ve been using the Web Content Accessibility Guidelines (WCAG) 2.0. These guidelines explain how to make web content more accessible for people with disabilities, and user friendly for everyone.

The guidelines have three levels of accessibility (A, AA and AAA). We’ve chosen Level AA as the target for the 2 Hare Court website.

How are we doing?

We’ve worked hard on the 2 Hare Court website and believe we’ve achieved our goal of Level AA accessibility. We monitor the website regularly to maintain this, but if you do find any problems, please contact us.

Let us know what you think

If you enjoyed using the 2 Hare Court website, or if you had trouble with any part of it, please get in touch.