1034:. The previous monopoly of counsel in higher court advocacy led to complacency by some; late withdrawal from serious cases of the counsel of choice remain relatively frequent 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 of 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.
40:
398:
1057:. Solicitor advocates have a code for advocacy which is almost identical to the Bar code of conduct. Criticism is levelled against solicitor advocates due to the possibility that defendants' interests may not be best protected by an advocate who also works for the solicitors employed by the defendant. The role of counsel is to act as an independent party and advise the defendant if the solicitor is not acting in the best interests of the client.
949:: 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.
1163:
rights of audience for many years in matters in which the Hong Kong government has an interest. Solicitors have been allowed to appear in chambers in the Court of First
Instance and Court of Appeal on interlocutory matters and in open court in the Court of First Instance on non-contested matters or in an emergency.
1093:
The
Society also notes that it is desirable that common principles should apply in relation to the exercising of rights of audience by all practitioners appearing before the Court of Session and the High Court of Justiciary – section 25A(8) of the Solicitors (Scotland) Act 1980 – as are reflected in
1021:
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
1149:
of solicitors who have completed certain training to have rights of audience in the higher courts. The Law
Society is required to make regulations with regard to the education, training and experience which a solicitor must possess before authorisation can be granted. These regulations are subject
1153:
The draft Code of
Conduct for Solicitor Advocates issued by the Law Society of Northern Ireland defines "advocates” as any solicitors exercising their right of audience in any court. The term "solicitor advocate", therefore has a broader meaning in Northern Ireland than in England & Wales and
1162:
Hong Kong has since the 1860s followed the
English tradition of only allowing barristers a general right to appear in open court in the higher courts. The only general exception has been that government counsel (called legal officers), whether admitted as a barrister or solicitor have had higher
1074:
in
Scotland was critical of some aspects of practice by solicitor advocates. But, the appeal in question failed on a ground related to the allegedly "defective" representation of the solicitor advocates instructed at trial. The case dealt with the conduct of a trial over 10 years earlier. In any
970:
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
962:
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 as the first batch of advocates in 1994, they included some of the most senior figures in the legal
1166:
In 2010, amendments were passed to the Legal
Practitioners Ordinance allowing solicitors to apply to become solicitor advocates. This was the result of proposals made originally in 1995 and moved before the Legislative Council in 1996. The amendments did not proceed at that time because the
1170:
The new system established a Higher Rights
Assessment Board to which solicitors can apply to represent clients in the higher courts in criminal and/or civil proceedings. Applicants may apply either by way of exemption (due to their having significant advocacy experience) or by assessment.
1167:
President of LegCo ruled that the amendments exceeded the scope of the Bill and could not be proposed. In 2007, the Chief
Justice convened a working party on Higher Rights of Audience which recommended a system be introduced to allow for solicitors to become solicitor advocates.
944:
in the higher courts when they have sufficient training and experience, subject to passing additional exams. 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
1086:
The Society notes the Solicitors (Scotland)(Standards of Conduct) Practice Rules 2008 and in particular the duties of independence, to act in the interests of their clients, to avoid acting where a conflict of interest arises, and to act only where competent to do so.
1029:
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
1075:
event the decision was welcomed by the Society of Solicitor Advocates, who 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.
1065:
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
1505:
1150:
to the concurrence of the Lord Chief Justice and the Department of Justice which must consult with the Attorney General. Regulations have not been issued and the system has yet to come into effect.
1127:
The increasing workload and recognition of solicitor advocates has led to changes in the law profession. Some law students elect to train as solicitor advocates rather than barristers. The
1124:
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.
777:
967:, founding partner of London law firm Kingsley Napley. Approximately 7,000 advocates have since been authorised for crime, civil, or both. They represent a wide spectrum of experience.
1183:
As at May 2023, 98 Hong Kong solicitors had been granted higher rights of audience. 6 solicitors have obtained higher rights of audience in criminal cases and 92 in civil cases.
1561:
1354:
1197:
In Hong Kong, in hearings where advocates are required to be robed, solicitor advocates wear a solicitor's gown, winged collar and bands. They are not permitted to wear a wig.
1180:, a Hong Kong newspaper, that "n 2013, only 15 out of 90 solicitors who applied to represent their clients in the higher courts were granted the status of solicitor advocates".
1496:
Of these 3 have subsequently become barristers; 1 was formerly a barrister who soon returned to the bar after becoming a solictior; and, at least two are former barristers.
1113:
The right of solicitor advocates to accept instructions to represent clients in all courts from solicitors with whom the solicitor advocates are in a business relationship.
1110:
The duty of both solicitors and solicitor advocates to act on behalf of clients independently, in particularly of their own interests or the interests of their colleagues.
946:
933:
1590:
1116:
The duty of solicitors to instruct such representation in court, including such combination of representation, as is appropriate to the circumstances of the case.
1191:
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.
1014:
partner, was the first appointee as a solicitor KC in 1997 before being appointed to the High Court bench. In 2009 he was appointed to the UK Supreme Court.
1299:
1227:
1120:
The Society therefore instructs the Council of the Law Society to promulgate rules repealing the Solicitors (Scotland)(Supreme Courts) Practice Rules 2003.
1082:
of the Society of Solicitor Advocates on 22 April 2009, they passed a resolution in respect of consideration of the Woodside case. The resolution stated:
1097:
The Society also notes the comments of the judges in the High Court of Justiciary in the case of 'Alexander Woodside v Her Majesty's Advocate' HCJAC 19
289:
1624:
148:
1479:
1313:
1090:
The Society also notes the Rules of Conduct for Solicitor Advocates 2002 and in particular the rules relating to the acceptance of instructions.
237:
980:
656:
66:
1539:
1041:
and judiciary of the extent of solicitor advocacy practised in the higher courts, particularly as solicitor advocates are regulated by the
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368:
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1385:
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1551:
1339:
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121:
109:
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94:
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284:
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in the United Kingdom and Hong Kong to represent clients in higher courts in proceedings that were traditionally reserved for
1006:, albeit the numbers of applicants are relatively low. Solicitor advocates have also been appointed to the High Court bench.
448:
1104:
The resolution of the 2008 Law Society AGM to seek to repeal the Solicitors (Scotland) (Supreme Courts) Practice Rules 2003.
782:
225:
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136:
99:
54:
810:
412:
193:
89:
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1444:
1421:
925:
1214:
585:
518:
513:
242:
1401:
Or, indeed even if not admitted in HK but in one of the jurisdictions in Schedule 2 of the Legal Officers Ordinance.
1079:
874:
361:
326:
264:
165:
143:
126:
834:. The status does not exist in most other common law jurisdictions where, for the most part, all solicitors have
1594:
1355:"Consultation Document: The instruction, qualification and conduct of authorised solicitors in the Higher Courts"
1146:
1042:
319:
1237:
545:
421:
1614:
841:
The title is also used in some jurisdictions to refer to solicitors who conduct advocacy in court (such as
431:
153:
131:
1455:
1432:
1026:
cuts principally directed at solicitors' firms, and this has generally soured its opinion of the changes.
673:
463:
354:
23:
1145:
Part 8 of the Justice Act (Northern Ireland) 2011 (the 2011 Act) provides for the authorisation by the
619:
314:
1317:
1194:
In Scotland they wear a gown over business dress, but no wig, in line with other Scottish solicitors.
397:
1629:
1410:
975:) and have developed particular specialisms, for example in regulatory and disciplinary work such as
436:
294:
1556:
1176:
1071:
721:
570:
441:
1232:
1094:
the Rules of Conduct for Solicitor Advocates and the Guide to Professional Conduct of Advocates.
1046:
803:
760:
480:
470:
1371:
1107:
The duty of solicitors to advise their clients on appropriate representation before all courts.
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649:
644:
175:
1022:
welcome. But, in recent years the bar has found its work being reduced, partly as a result of
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116:
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8:
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104:
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453:
71:
1333:
1293:
1003:
929:
914:
711:
607:
540:
881:). They were not able to represent their clients in court in the higher courts: the
964:
906:
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247:
890:
706:
523:
59:
1468:
HRAB General information and advice on application for higher rights of audience
988:
902:
878:
1608:
1599:
1011:
976:
898:
696:
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530:
1480:"Hong Kong Law Society president seeks senior counsel status for solicitors"
1552:"Top Hong Kong judge refuses to let solicitors wear wigs in higher courts"
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882:
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232:
31:
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The first applications were received in 2013 and it was reported in the
1134:
1031:
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831:
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decide very early in their careers to qualify as solicitor advocates.
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1023:
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KC; and elsewhere in various parts of the criminal field, such as in
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389:
331:
1540:
Paragraph 10.08 Hong Kong Law Society Guide to Professional Conduct
937:
918:
862:
753:
1267: (High Court of Justiciary Appeal Court 18 February 2009).
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550:
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Historically in the United Kingdom, solicitors took conduct of
996:
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Hong Kong Higher Rights of Audience Assessment Board website
1002:
Solicitor advocates are regularly appointed to the ranks of
1584:
1529:
Practice Direction 21.1 Solicitors Appearance in Open Court
1422:
Practice Direction 21.1 Solicitors Appearance in Open Court
1215:
Office of Public Prosecutions: Role of a Solicitor Advocate
940:, created a route for solicitors to qualify for a grant of
1372:"Explanatory Notes to Justice Act (Northern Ireland) 2011"
934:
Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
921:(in Scotland) to represent their clients in court.
909:). Instead, solicitors were required to instruct
1585:Solicitors' Association of Higher Court Advocates
1506:Hong Kong Law Society List of Solicitor Advocates
1606:
1298:: CS1 maint: bot: original URL status unknown (
1280:. Archived from the original on 24 February 2012
1228:"Solicitor-advocates can don wigs from New Year"
1386:"Draft Code of Conduct for Solicitor Advocates"
804:
362:
1260:Alexander Woodside vs Her Majesty's Advocate
1252:
952:
1278:"News, The Society of Solicitor Advocates"
1037:Competition has led to criticism from the
811:
797:
702:Crown Office and Procurator Fiscal Service
369:
355:
67:His Majesty's Courts and Tribunals Service
1625:1990 establishments in the United Kingdom
1456:Solicitors Gain Higher Rights Of Audience
1433:Solicitors Gain Higher Rights Of Audience
679:Scottish Solicitors' Discipline Tribunal
1607:
1338:: CS1 maint: archived copy as title (
265:Justice of the peace / lay magistrates
1564:from the original on 5 December 2022.
1226:Baksi, Catherine (13 December 2007).
1225:
842:
957:
783:Scottish Legal Complaints Commission
21:This article is part of the series:
1140:
963:establishment of the time, such as
778:Association of Commercial Attorneys
413:Justice and Communities Directorate
194:Supreme Court of the United Kingdom
90:Supreme Court of the United Kingdom
13:
926:Courts and Legal Services Act 1990
826:is a hybrid status which allows a
657:Children's Reporter Administration
14:
1641:
1620:Region-specific legal occupations
1572:
901:, and the Legal Committee of the
845:) or as a job title (Australia).
519:Office of the Accountant of Court
1581:for Scottish Solicitor Advocates
857:, and undertook advocacy in the
586:Lords Commissioner of Justiciary
476:Criminal Cases Review Commission
396:
327:Law Society of England and Wales
127:President of the Family Division
38:
1595:Solicitors Regulation Authority
1544:
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1519:(Court Dress) (No.4) 1 WLR 357
1510:
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1411:S.3(2) Legal Officers Ordinance
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1147:Law Society of Northern Ireland
1043:Solicitors Regulation Authority
290:Director of Public Prosecutions
1579:Society of Solicitor Advocates
1458:, Hong Kong Lawyer, March 2010
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1306:
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1008:The Baron Collins of Mapesbury
449:Courts & Tribunals Service
1:
1445:Final Report of Working Party
1435:, Hong Kong Lawyer March 2010
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546:Sheriff Personal Injury Court
459:Office of the Public Guardian
422:Cabinet Secretary for Justice
221:President of the King's Bench
122:President of the King's Bench
1157:
979:KC; in family work, such as
432:Judicial Complaints Reviewer
154:County Court Business Centre
132:Chancellor of the High Court
7:
1344:, Law Scotland, 29 May 2009
1133:has noted that a number of
1060:
620:Justice of the peace courts
464:Scottish Sentencing Council
427:Judicial Appointments Board
149:List of County Court venues
24:Courts of England and Wales
10:
1646:
238:List of Crown Court venues
1591:Higher Rights of Audience
947:higher rights of audience
848:
437:Parole Board for Scotland
295:Crown Prosecution Service
1557:South China Morning Post
1484:South China Morning Post
1177:South China Morning Post
999:; e.g., Niall Quinn KC.
953:Practice in the UK today
932:, and section 24 of the
571:High Court of Justiciary
32:Law of England and Wales
1233:The Law Society Gazette
1047:Law Society of Scotland
84:Civil and family courts
1122:
650:Lord Lyon King of Arms
645:Court of the Lord Lyon
1265:2009 HCJAC 19
1084:
625:Justices of the peace
216:High Court of Justice
209:Court of Appeal judge
117:High Court of Justice
110:Court of Appeal judge
1587:in England and Wales
1100:The Society affirms
1051:Faculty of Advocates
905:(today known as the
749:Faculty of Advocates
691:Criminal prosecution
603:Sheriff Appeal Court
576:Lord Justice-General
536:Sheriff Appeal Court
279:Criminal prosecution
1615:Solicitor advocates
1130:Law Society Gazette
1055:Bar Standards Board
871:magistrates' courts
838:in higher courts.
662:Children's Hearings
417:Scottish Government
384:Part of a series on
255:Magistrates' courts
171:Court of Protection
105:Master of the Rolls
55:Ministry of Justice
1517:Practice Direction
1486:. 7 February 2015.
942:rights of audience
924:Section 27 of the
836:rights of audience
824:Solicitor advocate
766:Solicitor-Advocate
581:Lord Justice Clerk
509:Lord Justice Clerk
454:College of Justice
337:Solicitor advocate
204:Lord Chief Justice
1560:. 26 April 2013.
958:England and Wales
930:England and Wales
915:England and Wales
821:
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712:Procurator fiscal
608:Sheriff Principal
591:Acts of Adjournal
541:Sheriff Principal
379:
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176:Court of Chivalry
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1630:Law of Hong Kong
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1316:. Archived from
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1240:on 3 August 2012
1236:. Archived from
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1211:
1141:Northern Ireland
1049:rather than the
965:Sir David Napley
907:UK Supreme Court
895:Court of Session
867:coroner's courts
843:Northern Ireland
813:
806:
799:
738:Legal profession
524:Acts of Sederunt
499:Court of Session
400:
381:
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364:
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309:Legal profession
285:Attorney General
226:High Court judge
137:High Court judge
42:
41:
18:
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1320:on 21 July 2011
1314:"Archived copy"
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987:cases, such as
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891:Court of Appeal
851:
817:
788:
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739:
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707:Advocate Depute
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684:
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632:
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565:Criminal courts
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514:Lord of Session
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199:Court of Appeal
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188:Criminal courts
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100:Court of Appeal
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60:Lord Chancellor
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493:Civil courts
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985:extradition
883:Crown Court
761:Law Society
717:Fiscal fine
315:Bar Council
233:Crown Court
1609:Categories
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1154:Scotland.
1135:solicitors
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320:Barrister
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248:Recorder
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