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.
Origin
Historically, solicitors took conduct of
litigation, and undertook advocacy in the
lower courts (
tribunals,
Coroner's Courts,
Magistrates' Courts,
County Courts,
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
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, in England and Wales, and section 24 of the
Law Reform 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...
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