Rights of audience - Definition and scope of rights of audience

Learning Outcomes

After reading this article, you will be able to define rights of audience, explain who may exercise them in England and Wales, distinguish between standard and higher rights of audience, and identify the requirements for solicitors and barristers to appear in different courts. You will also understand the regulatory framework, reserved legal activities, and the practical implications for court representation.

SQE1 Syllabus

For SQE1, you are required to understand the definition and scope of rights of audience, including the regulatory and practical framework for court advocacy. In your revision, focus on:

  • the meaning of rights of audience and their significance in legal proceedings
  • which legal professionals have rights of audience in different courts
  • the distinction between standard and higher rights of audience for solicitors
  • the process and requirements for solicitors to obtain higher rights of audience
  • the concept of reserved legal activities and the regulation of advocacy

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. What is meant by "rights of audience" in the context of the English legal system?
  2. Which legal professionals automatically have rights of audience in all courts?
  3. What must a solicitor do to appear as an advocate in the Crown Court?
  4. What is a reserved legal activity, and how does it relate to rights of audience?
  5. True or false? A solicitor with a practising certificate can appear in the Supreme Court without any further qualification.

Introduction

Rights of audience determine who is legally permitted to appear and address a court on behalf of a party. This concept is central to the structure of legal representation in England and Wales, affecting both the conduct of litigation and the regulation of legal professionals. Understanding who may exercise rights of audience, and in which courts, is essential for anyone preparing for the SQE1 exam.

Definition of Rights of Audience

Rights of audience are the legal entitlement to appear before a court and conduct proceedings as an advocate. These rights are regulated by statute and professional rules, and are closely linked to the concept of reserved legal activities.

Key Term: rights of audience The legal entitlement to appear and address a court as an advocate in legal proceedings.

Key Term: reserved legal activity A legal activity that may only be carried out by an authorised or exempt person, including the exercise of rights of audience.

Who Has Rights of Audience?

Barristers

Barristers are specialist advocates. Once called to the Bar, a barrister automatically has rights of audience in all courts of England and Wales, including the magistrates’ courts, Crown Court, County Court, High Court, Court of Appeal, and Supreme Court.

Solicitors

Solicitors are admitted to the roll by the Solicitors Regulation Authority (SRA). On admission, a solicitor has rights of audience in the lower courts: magistrates’ courts, County Court, and certain tribunals. To appear in the higher courts (Crown Court, High Court, Court of Appeal, Supreme Court), a solicitor must obtain higher rights of audience.

Key Term: higher rights of audience The additional qualification that allows a solicitor to appear as an advocate in the higher courts (Crown Court, High Court, Court of Appeal, Supreme Court).

Other Authorised Persons

Other legal professionals, such as chartered legal executives and costs lawyers, may have limited rights of audience in certain courts if authorised by their regulatory body.

Exempt Persons

In some circumstances, a person who is not an authorised advocate may be granted a right of audience by the court for a specific case (e.g., a party representing themselves or a McKenzie Friend with the court’s permission).

Solicitors and Higher Rights of Audience

Solicitors who wish to represent clients in higher courts must obtain the relevant higher rights of audience. This is achieved by passing the SRA’s Higher Rights of Audience assessments in either civil or criminal advocacy (or both). Once qualified, the solicitor may appear as an advocate in the relevant higher courts.

Requirements for Higher Rights

  • Hold a valid practising certificate
  • Complete and pass the SRA’s Higher Rights of Audience assessment (civil, criminal, or both)
  • Apply to the SRA for the higher rights qualification to be recorded

Worked Example 1.1

A solicitor, Sam, wishes to represent a client in the Crown Court for a criminal trial. Sam holds a practising certificate but has not completed any higher rights assessments. Can Sam appear as an advocate in the Crown Court?

Answer: No. Sam must obtain the Higher Courts (Criminal Advocacy) Qualification before exercising rights of audience in the Crown Court.

Reserved Legal Activities and Regulation

The exercise of rights of audience is a reserved legal activity under the Legal Services Act 2007. Only authorised or exempt persons may carry out reserved legal activities. The main regulatory bodies are the SRA (for solicitors) and the Bar Standards Board (for barristers). It is a criminal offence to carry out a reserved legal activity without authorisation.

Worked Example 1.2

A paralegal is asked by a client to appear in the County Court to present their case. The paralegal is not a solicitor, barrister, or otherwise authorised. Can the paralegal do this?

Answer: No. Unless the court grants a specific right of audience for that hearing, the paralegal cannot exercise rights of audience as this is a reserved legal activity.

Professional Duties and Advocacy

Advocates, whether barristers or solicitors, owe a duty to the court to act with independence and integrity. This duty overrides their obligation to the client. Advocates must not mislead the court and must comply with all professional conduct rules.

Worked Example 1.3

A solicitor-advocate is instructed by a client to make a misleading statement to the High Court. What should the solicitor-advocate do?

Answer: The solicitor-advocate must refuse to mislead the court, as their duty to the court overrides the client’s instructions.

Scope and Limitations

  • Rights of audience are court-specific and may be limited by the professional’s qualification and authorisation.
  • Solicitors with higher rights must specify whether their qualification is for civil, criminal, or both.
  • Rights of audience do not extend to all tribunals, which may have separate rules.

Exam Warning

In the SQE1, questions may test whether a solicitor can appear in a particular court. Always check whether higher rights of audience are required and whether the solicitor holds the relevant qualification.

Revision Tip

Remember: Barristers have automatic rights of audience in all courts. Solicitors must obtain higher rights to appear in the higher courts.

Summary

Legal ProfessionalAutomatic Rights of AudienceAdditional Requirements for Higher Courts
BarristerAll courtsNone
SolicitorMagistrates’ Court, County CourtHigher rights qualification required for Crown Court, High Court, Court of Appeal, Supreme Court
Chartered Legal ExecutiveLimited (if authorised)As authorised by regulatory body

Key Point Checklist

This article has covered the following key knowledge points:

  • Rights of audience are the legal entitlement to appear and address a court as an advocate.
  • Barristers have automatic rights of audience in all courts once called to the Bar.
  • Solicitors have rights of audience in the lower courts on admission; higher rights are needed for higher courts.
  • Higher rights of audience for solicitors require passing the SRA’s assessment and applying for the qualification.
  • Exercising rights of audience is a reserved legal activity and is regulated by law.
  • Only authorised or exempt persons may carry out reserved legal activities; unauthorised advocacy is a criminal offence.
  • Advocates owe a duty to the court that overrides their duty to the client.

Key Terms and Concepts

  • rights of audience
  • reserved legal activity
  • higher rights of audience
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Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

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Senior Associate at Trilegal