Solicitor Advocate
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Solicitor Advocate is the title used by a solicitor who is qualified to represent clients as an advocate in the higher courts in England and Wales or Scotland.
Historically, solicitors took conduct of litigation, and undertook advocacy in the lower courts (tribunals, Coroner's Courts, Magistrates' Courts, County Courts, Scottish Sheriff Courts and the European Courts), but were not able to represent their clients in court in the higher courts (Crown Court, High Court, Court of Appeal, the Court of Session in Scotland and the House of Lords). Instead, solicitors were required to instruct barristers (in England and Wales) or advocates (in Scotland) to represent their clients in court.
Section 27 of the Courts and Legal Services Act 1990 and section 24 of the Law Reform (Miscellaneous Provisions) Scotland Act 1990 created a route for solicitors to qualify for a grant of rights of audience in the higher courts where they have sufficient training and experience. The complex rules and regulations were relaxed by the Higher Courts Qualification Regulations 2000. There are four main routes to qualify for higher rights of audience - development (training, assessment, and a portfolio of cases), accreditation (experience and an advocacy assessment), exemption (sufficient experience) and former barrister (called to the bar before 31 July 2000). Higher rights of audience may be granted for the higher criminal courts, or the higher civil courts, or both.
Solicitor Advocates are becoming more prevalent as firms seek to offer clients a complete service without the need to instruct outside counsel. This has led to some criticism from the bar, particularly as Solicitor Advocates are regulated by the Solicitors Regulation Authority rather than the Bar Standards Board[1]. Further, the recent bar strike led to the Legal Services Commission asking Solicitor Advocates to step in and take over work traditionally conducted by junior barristers[2].
The increasing workload and recognition of Solicitor Advocates has led to a refocusing of the legal profession as many law students elect to train as Solicitor Advocates rather than barristers. The Law Society Gazette has noted that a number of solicitors decide to qualify as Solicitor Advocates very early in their careers.
[edit] External links
- Society of Solicitor Advocates for Scottish Solicitor Advocates
- Solicitors' Association of Higher Court Advocates throughout the UK
- Higher Rights of Audience from the Law Society
- Perren Buildings Chambers London based chambers of Solicitor Advocates with Higher Rights of Audience
