Learning Outcomes
After reading this article, you will be able to identify which legal professionals have rights of audience in different courts, explain the requirements for solicitors to obtain higher rights of audience, distinguish between rights in lower and higher courts, and apply these principles to realistic SQE1-style scenarios. You will also understand the ethical duties associated with advocacy and the consequences of acting without proper rights of audience.
SQE1 Syllabus
For SQE1, you are required to understand the rights of audience in the courts of England and Wales. Focus your revision on:
- the meaning of rights of audience and who may exercise them
- the distinction between rights of audience in lower and higher courts
- the requirements for solicitors to obtain higher rights of audience
- the rights of barristers and other authorised advocates
- the consequences of acting without proper rights of audience
- the ethical duties of advocates when exercising rights of audience
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.
- Which courts can a solicitor automatically appear in without higher rights of audience?
- What additional qualification must a solicitor obtain to represent a client in the Crown Court?
- Who grants rights of audience in the Supreme Court?
- What is the consequence if a solicitor appears in a court without the necessary rights of audience?
- True or false? Barristers have rights of audience in all courts once called to the Bar.
Introduction
Rights of audience determine who may appear before a court to represent a party and conduct advocacy. These rights are strictly regulated in England and Wales to ensure that only suitably qualified professionals act as advocates in legal proceedings. Understanding who may exercise rights of audience in different courts, and the requirements for solicitors to obtain higher rights, is essential for SQE1.
Rights of Audience: Overview
Rights of audience are the legal entitlements to address a court, present arguments, and examine witnesses on behalf of a party. These rights are not automatic for all legal professionals in every court. The rules are set out in statute and professional regulations.
Key Term: rights of audience The legal entitlement to appear before and address a court, including the right to call and examine witnesses, in legal proceedings.
Rights of Audience in Different Courts
Lower Courts
Solicitors who are admitted to the roll and hold a valid practising certificate automatically have rights of audience in the following courts:
- Magistrates’ courts (criminal and family)
- County courts (civil and family)
They may represent clients, conduct advocacy, and address the court without any additional qualification.
Key Term: lower courts Magistrates’ courts and county courts, where solicitors have automatic rights of audience.
Higher Courts
To appear in the higher courts, solicitors must obtain an additional qualification known as higher rights of audience. The higher courts include:
- Crown Court (criminal)
- High Court (civil, family, and criminal divisions)
- Court of Appeal (civil and criminal divisions)
- Supreme Court
Solicitors must pass the Higher Courts Advocacy Qualification (civil or criminal) and apply to the Solicitors Regulation Authority (SRA) for the relevant higher rights.
Key Term: higher rights of audience The entitlement for a solicitor to appear as an advocate in the Crown Court, High Court, Court of Appeal, and Supreme Court, granted after completing additional qualification and SRA approval.
Barristers, once called to the Bar, have rights of audience in all courts, including the higher courts, without needing further qualification.
Key Term: barrister A legal professional who, once called to the Bar, has rights of audience in all courts in England and Wales.
Other Authorised Advocates
Other professionals, such as chartered legal executives and costs lawyers, may be granted rights of audience in certain courts if authorised by their professional regulator.
Obtaining Higher Rights of Audience
Solicitors seeking to represent clients in higher courts must:
- Complete the Higher Courts Advocacy Qualification (civil, criminal, or both)
- Apply to the SRA for the relevant higher rights
- Be entered on the SRA’s register as a solicitor advocate with higher rights
There are separate qualifications for civil and criminal advocacy. A solicitor may obtain one or both.
Worked Example 1.1
A solicitor wishes to represent a client in a criminal trial in the Crown Court. The solicitor has not completed the Higher Courts (Criminal Advocacy) Qualification.
Answer: The solicitor does not have rights of audience in the Crown Court and cannot appear as an advocate in that court unless they obtain the Higher Courts (Criminal Advocacy) Qualification and are authorised by the SRA.
Rights of Audience in Tribunals
Most tribunals (such as employment or immigration tribunals) do not restrict rights of audience to solicitors or barristers. Parties may be represented by any person, including non-lawyers, unless the tribunal’s rules state otherwise.
Key Term: tribunal A specialist judicial body outside the formal court structure, often permitting wider rights of audience.
Consequences of Acting Without Rights of Audience
If a solicitor or other person appears in court without the necessary rights of audience:
- The court may refuse to hear them
- The individual may face disciplinary action by their regulator
- The individual may be liable for contempt of court or a criminal offence in some circumstances
Exam Warning
Appearing in court without the correct rights of audience is a serious breach of professional conduct and may result in disciplinary sanctions or criminal liability.
Ethical Duties When Exercising Rights of Audience
Advocates must comply with strict ethical duties, including:
- Acting with honesty and integrity
- Not misleading the court
- Maintaining independence from the client’s interests where these conflict with duties to the court
- Avoiding conflicts of interest
Failure to comply with these duties may result in disciplinary action.
Worked Example 1.2
A solicitor advocate is instructed by a client to conceal evidence that would harm the client’s case in the High Court.
Answer: The solicitor advocate must not conceal evidence or mislead the court. The duty to the court overrides the duty to the client. Concealing evidence would breach professional conduct rules and may result in disciplinary action.
Key Point Checklist
This article has covered the following key knowledge points:
- Rights of audience determine who may represent clients and address the court in legal proceedings.
- Solicitors have automatic rights of audience in magistrates’ courts and county courts.
- Solicitors must obtain higher rights of audience to appear in the Crown Court, High Court, Court of Appeal, or Supreme Court.
- Barristers have rights of audience in all courts once called to the Bar.
- Acting without the correct rights of audience is a breach of professional conduct and may be a criminal offence.
- Advocates must comply with ethical duties, including honesty, integrity, and not misleading the court.
Key Terms and Concepts
- rights of audience
- lower courts
- higher rights of audience
- barrister
- tribunal
