I'm a bit confused about what these terms mean;
1. Rights of audience - does this mean that the solicitor/barrister is allowed to watch (be in the audience) in a particular court or that they are allowed to put a case forward (advocacy) in the particular court?
2. Advocacy qualification - I've only heard of solicitors needing this as advocacy didn't used to be part of their work. Is this something you gain by doing a course, sitting an exam etc?
3. High court qualification - does this mean that you have the right to put a case forward (advocacy) in the high court? How do you get it?
And if you have to have a qualification to put a case forward in court, how come normal people are allowed to put their own case forward without a solicitor or a barrister in court?
Answer by emanwelgwent
1. Right of Audience is the right to be heard by the court, as an advocate. If you don't have rights of audience in a court, you can't represent anyone in that court.
2. Advocacy Qualification - suspect this is a reference to the process for solicitors to become solicitor-advocates (with higher rights of audience).
3. Higher court qualification means having rights of audience in the High Court, Crown Court, Court of Appeal and House of Lords. Solicitors have to have practiced for a certain amount of time and taken the requisite training and tests for a solicitor to get higher rights of audience. Barristers have full rights of audience from the 2nd 6 months of pupillage.
4. It's an inherent right that people are allowed to defend themselves in court. The rights of audience rule exists to regulate legal representives i.e. so that people without proper training can't go out and offer to represent people in court.
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Orignal From: Questions about barristers and solicitors?
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