Solicitor Advocate
Encyclopedia
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 in Scotland
.
s (tribunal
s, Coroner's Courts, Magistrates' Court
s, County Court
s, Sheriff Courts), but were not able to represent their clients in court in the higher courts (Crown Court
, High Court
, Court of Appeal, Court of Session
, Privy Council
, and House of Lords
). Instead, solicitors were required to instruct barrister
s (in England and Wales) or advocate
s (in Scotland) to represent their clients in court.
Section 27 of the Courts and Legal Services Act 1990
, in England and Wales, and section 24 of the Law Reform (Miscellaneous Provisions) Scotland Act 1990, in Scotland, 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 in England and Wales by the Higher Courts Qualification Regulations 2000 so as to establish 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. In England and Wales, solicitor advocates wear a gown, winged collar and bands, and may also wear a wig in circumstances where they are worn by barristers . In Scotland they wear a gown over business dress, but no wig, in line with other Scottish solicitors.
, founding partner of Kingsley Napley. There are now approximately 4,000 advocates authorised for crime, civil, or both. There is a wide spectrum of experience. Whilst there has been a steady growth of numbers in recent years, the bulk of the serious advocacy is still undertaken by solicitor advocates with many years of advocacy practice behind them. Some solicitor advocates have been working exclusively in higher courts for fifteen years (or longer if former barristers) and have developed particular specialisms, for example in regulatory and disciplinary work such as Andrew Hopper
QC; in family work, such as June Venters QC; in extradition cases, such as Michael Caplan
QC; and elsewhere in various parts of the criminal field, such as in terrorism work and fraud; e.g., Niall Quinn
QC. Solicitor advocates are regularly appointed to the ranks of Queen's Counsel, albeit that numbers of applicants are relatively low. Solicitor advocates have also been appointed to the High Court Bench. Lawrence Collins, Baron Collins of Mapesbury, a former Herbert Smith
partner was the first appointee as a solicitor QC in 1997 before being appointed to the High Court Bench. He was recently appointed as a Law Lord.
The bar
and Judiciary have been generally supportive of the growth of solicitor advocacy asserting that the bar would not be threatened by individuals acquiring new skills and practices; and that the ethnic, gender and class diversity that this wider pool of advocates would bring to the profession would be welcome. However in recent years the bar has found its work being reduced - partly as a result of Legal Aid
cuts principally directed at solicitors' firms - and this has generally soured its approach.
Instruction of solicitor advocates became more prevalent as firms saw the advantages of keeping work in-house without the need to instruct outside counsel. This pioneering approach is frequently seen across England and Wales, particularly in areas such as New Birmingham. The previous monopoly of counsel in higher court advocacy led to complacency by some - it remains fairly common for late withdrawal from serious cases of the counsel of choice due to other work commitments. Occasionally this was accompanied by an attempt to foist upon both solicitor and client a new counsel with no previous involvement in the case. Practice choices such as these worked to the benefit of solicitor advocates who had the advantage of appreciating the consequences of such behaviour and knowing the client. Equally, the independent bar met with some limited competition from chambers of solicitor advocates - independent practitioners with common clerking and conference facilities who operated in a similar way to barristers, but with less aggressive clerking arrangements so that late return of briefs was relatively unusual.
Competition has led to criticism from the bar
and judiciary of the extent of solicitor advocacy practised in the higher courts, (particularly as solicitor advocates are regulated by the Solicitors Regulation Authority
or Law Society of Scotland
rather than the Faculty of Advocates
or Bar Standards Board
). In fact, solicitor advocates have a Code for Advocacy which is almost identical to the Bar Code of Conduct, and solicitors are bound by a number of additional ethical rules to ensure that clients interests are safeguarded in any choice of advocate - whether in-house or otherwise.
in Scotland was critical of some aspects of practice by solicitor advocates. On the other hand the appeal in question failed on a ground related to the allegedly "defective" representation of the solicitor advocates instructed at trial. It is also worth observing that the case dealt with the conduct of a trial over 10 years earlier. In any event the decision was welcomed by the Society of Solicitor Advocates who have suggested that it would be appropriate to have a review of all issues relating to rights of audience, including those involving the Faculty of Advocates.
At a SGM of the Society of Solicitor Advocates on 22.4.09 a resolution was passed in respect of consideration of the Woodside case. The resolution stated:
In the event the motion was withdrawn at the Law Society's AGM due to the announcement that there would be a review of rights of audience generally, as requested by the Society of Solicitor Advocates.
The increasing workload and recognition of solicitor advocates has led to a refocusing of the legal profession as some 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.
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
who is qualified to represent clients as an advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
in the higher courts in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
or in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
.
Origin
Historically, solicitors took conduct of litigation, and undertook advocacy in the lower courtLower court
A lower court is a court from which an appeal may be taken. In relation to an appeal from one court to another, the lower court is the court whose decision is being reviewed, which may be the original trial court or an appellate court lower in rank than the superior court which is hearing the...
s (tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
s, Coroner's Courts, Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
s, County Court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
s, Sheriff Courts), but were not able to represent their clients in court in the higher courts (Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
, High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
, Court of Appeal, Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
, Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
, and House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
). Instead, solicitors were required to instruct barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
s (in England and Wales) or advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
s (in Scotland) to represent their clients in court.
Section 27 of the Courts and Legal Services Act 1990
Courts and Legal Services Act 1990
The Courts and Legal Services Act 1990 was an Act of the Parliament of the United Kingdom that reformed the legal profession and Courts of England and Wales...
, in England and Wales, and section 24 of the Law Reform (Miscellaneous Provisions) Scotland Act 1990, in Scotland, created a route for solicitors to qualify for a grant of rights of audience
Rights of audience
In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. In English law, there is a fundamental distinction between barristers, who have a right of audience, and solicitors, who traditionally do not ; there is no such...
in the higher courts where they have sufficient training and experience. The complex rules and regulations were relaxed in England and Wales by the Higher Courts Qualification Regulations 2000 so as to establish 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. In England and Wales, solicitor advocates wear a gown, winged collar and bands, and may also wear a wig in circumstances where they are worn by barristers . In Scotland they wear a gown over business dress, but no wig, in line with other Scottish solicitors.
Practice today
Solicitor higher court advocacy has developed significantly since its first authorisation by the Courts and Legal Services Act 1990. Although only a handful of solicitors acquired higher rights in the first batch of advocates in 1994, they included some of the most senior figures in the legal establishment of the time such as Sir David NapleyDavid Napley
Sir David Napley was a famous and influential solicitor in England.-Background:Sir David Napley was born in London of Jewish ancestry. He began his articles in 1935 at the age of only 16...
, founding partner of Kingsley Napley. There are now approximately 4,000 advocates authorised for crime, civil, or both. There is a wide spectrum of experience. Whilst there has been a steady growth of numbers in recent years, the bulk of the serious advocacy is still undertaken by solicitor advocates with many years of advocacy practice behind them. Some solicitor advocates have been working exclusively in higher courts for fifteen years (or longer if former barristers) and have developed particular specialisms, for example in regulatory and disciplinary work such as Andrew Hopper
Andrew Hopper
Andrew Hopper Q.C. is a British solicitor who specialises in the professional regulation of solicitors. Hopper acts for the Solicitors Disciplinary Tribunal of the Solicitors Regulation Authority, which regulates solicitors in England and Wales...
QC; in family work, such as June Venters QC; in extradition cases, such as Michael Caplan
Michael Caplan
Michael Caplan QC is an English solicitor.-Biography:Caplan read law at King's College London, before undertaking study at The College of Law in London. Articled at Lickfolds Wiley & Powles, he qualified as a solicitor in 1977 and joined Kingsley Napley in 1978, where he is now a partner. Caplan...
QC; and elsewhere in various parts of the criminal field, such as in terrorism work and fraud; e.g., Niall Quinn
Niall Quinn
Niall John Quinn honorary MBE is a former Irish international footballer, and the ex-chairman of Sunderland AFC. He still works at the club as an overseas manager. He is also heavily involved in the management side of horse racing...
QC. Solicitor advocates are regularly appointed to the ranks of Queen's Counsel, albeit that numbers of applicants are relatively low. Solicitor advocates have also been appointed to the High Court Bench. Lawrence Collins, Baron Collins of Mapesbury, a former Herbert Smith
Herbert Smith
Herbert Smith LLP is an international law firm headquartered in London, United Kingdom. The firm has offices in Europe, the Middle East and Asia. The firm was founded in the City of London in 1882 by Norman Herbert Smith and today has 240 partners and 1,300 fee-earners.-History:The firm was...
partner was the first appointee as a solicitor QC in 1997 before being appointed to the High Court Bench. He was recently appointed as a Law Lord.
The bar
Bar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
and Judiciary have been generally supportive of the growth of solicitor advocacy asserting that the bar would not be threatened by individuals acquiring new skills and practices; and that the ethnic, gender and class diversity that this wider pool of advocates would bring to the profession would be welcome. However in recent years the bar has found its work being reduced - partly as a result of Legal Aid
Legal aid
Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.A number of...
cuts principally directed at solicitors' firms - and this has generally soured its approach.
Instruction of solicitor advocates became more prevalent as firms saw the advantages of keeping work in-house without the need to instruct outside counsel. This pioneering approach is frequently seen across England and Wales, particularly in areas such as New Birmingham. The previous monopoly of counsel in higher court advocacy led to complacency by some - it remains fairly common for late withdrawal from serious cases of the counsel of choice due to other work commitments. Occasionally this was accompanied by an attempt to foist upon both solicitor and client a new counsel with no previous involvement in the case. Practice choices such as these worked to the benefit of solicitor advocates who had the advantage of appreciating the consequences of such behaviour and knowing the client. Equally, the independent bar met with some limited competition from chambers of solicitor advocates - independent practitioners with common clerking and conference facilities who operated in a similar way to barristers, but with less aggressive clerking arrangements so that late return of briefs was relatively unusual.
Competition has led to criticism from the bar
Bar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
and judiciary of the extent of solicitor advocacy practised in the higher courts, (particularly as solicitor advocates are regulated by the Solicitors Regulation Authority
Solicitors Regulation Authority
The Solicitors Regulation Authority was launched on 29 January 2007. It is the regulatory body for more than 120,000 solicitors in England and Wales...
or Law Society of Scotland
Law Society of Scotland
The Law Society of Scotland is the professional governing body for Scottish solicitors.It promotes excellence among solicitors through representation, support and regulation of its members. It also promotes the interests of the public in relation to the profession...
rather than the Faculty of Advocates
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary...
or Bar Standards Board
Bar Standards Board
The Bar Standards Board regulates admission to the Bar for barristers in England and Wales. In addition, it responds to complaints from the public regarding behavior and adequacy of representation by members of the Bar and conducts disciplinary proceedings. The most serious of these are conducted...
). In fact, solicitor advocates have a Code for Advocacy which is almost identical to the Bar Code of Conduct, and solicitors are bound by a number of additional ethical rules to ensure that clients interests are safeguarded in any choice of advocate - whether in-house or otherwise.
Scotland
Despite these arrangements - which have been in place since 1994 - there have been attacks on the principle of solicitor advocacy from some quarters, both north and south of the border. In the Scottish case of Woodside v HMA [2007] HCJAC 19 the High CourtHigh Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
in Scotland was critical of some aspects of practice by solicitor advocates. On the other hand the appeal in question failed on a ground related to the allegedly "defective" representation of the solicitor advocates instructed at trial. It is also worth observing that the case dealt with the conduct of a trial over 10 years earlier. In any event the decision was welcomed by the Society of Solicitor Advocates who have suggested that it would be appropriate to have a review of all issues relating to rights of audience, including those involving the Faculty of Advocates.
At a SGM of the Society of Solicitor Advocates on 22.4.09 a resolution was passed in respect of consideration of the Woodside case. The resolution stated:
In the event the motion was withdrawn at the Law Society's AGM due to the announcement that there would be a review of rights of audience generally, as requested by the Society of Solicitor Advocates.
The increasing workload and recognition of solicitor advocates has led to a refocusing of the legal profession as some 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.
External links
- Society of Solicitor Advocates for Scottish Solicitor Advocates
- Solicitors' Association of Higher Court Advocates in England and Wales
- Higher Rights of Audience from the Solicitors Regulation AuthoritySolicitors Regulation AuthorityThe Solicitors Regulation Authority was launched on 29 January 2007. It is the regulatory body for more than 120,000 solicitors in England and Wales...