At The Glasgow Law Practice, we have two in-house Solicitor Advocates who can represent clients in the most serious cases before the Sheriff Court and the High Court of Justiciary. Ross Yuill and Paul Mullen both have extended rights of audience and appear daily in the High Court of Justiciary.
Introduction to Extended Rights of Audience
“Rights of Audience” refers to the entitlement of a solicitor to represent a client in court. Traditionally, this right is reserved for solicitors and advocates, each with their own distinct roles and limitations. However, the concept of “extended rights of audience” allows solicitors to expand their capabilities, granting them the ability to represent clients in higher courts, which was previously the sole domain of advocates.
The Role of Solicitors and Advocates
Solicitors and Advocates have distinct and fundamental roles within the higher courts in Scotland. Solicitors typically handle the bulk of legal work outside the court room, including providing legal advice, preparing cases, and negotiating settlements when cases are in the higher Scottish Courts such as the High Court of Justiciary for criminal cases, or the Court of Session in civil cases. Advocates, on the other hand, are specialists in court advocacy and often take over cases from solicitors when higher court representation is needed. The instruction of a Solicitor Advocate allows the continuity of representation throughout a case but also the additional expert advocacy skills needed in the most serious cases.
Is a Solicitor Advocate different from a Solicitor?
Extended rights of audience bridge the gap between these two roles. Solicitor Advocates are solicitors who have been granted extended rights of audience before Scotland’s higher courts, allowing them full audience in the higher courts.
In civil matters, solicitor advocates can represent clients alongside advocates in the following:
Court of Session;
The Supreme Court; and
Judicial Committee of the Privy Council.
In criminal proceedings, clients can be represented alongside advocates in:
The High Court of Justiciary;
The Supreme Court
The Judicial Committee of the Privy Council
The Law Society of Scotland regulates solicitor advocates.
What does a Solicitor-Advocate do?
Solicitor advocates can work on a case from beginning to end, addressing practically all parts of the case. Solicitor Advocates are frequently part of a team and work for a law firm, where they operate on behalf of the client at all levels, including research, meetings, court preparation, and court appearances.
Depending on the field in which you intend to operate, you must complete and pass either the Civil or Criminal Rights of Audience course, as well as convince the Law Society Committee that you have the necessary skills and knowledge and are fit to practise in the higher courts.
The Statement of Standards for Solicitor Advocates – Performance Indicators serves as the foundation for evaluation; a solicitor advocate must be proficient in each of these in order to practise successfully in the Courts when audience rights are sought.
What is the benefit in instructing a Solicitor Advocate?
Solicitor advocates are first and foremost solicitors, which means they have received broad court training, audience rights to appear in lower courts, and experience working in a variety of legal subjects. Most would have previous experience dealing with clients and cases before opting to concentrate in court practice and get extended rights of audience. After acquiring court experience, solicitors might pursue additional solicitor advocate training and exams. If successful, solicitors’ audience rights will be extended, allowing them to represent clients in some of Scotland’s and the United Kingdom’s top courts.
- Opportunity to work cases through to conclusion, resulting in a strong case-client solicitor connection.
- Opportunity to work cases through to conclusion, establishing a strong case/client solicitor connection.
- Potential assistance from a company while training, working inside an organisation with access to CPD, training, and networking without having to quit full-time employment.
- The Rights of Audience training course counts as CPD.
- Personal growth, training, and learning in a more specialised field while working as a solicitor will result in improved abilities in time management, communication, and client service, as well as a better grasp of the court process.
The Impact on Criminal Defence
For those facing criminal charges, having a Solicitor Advocate with extended rights of audience can be of huge benefit. Criminal cases can be complex, often escalating from initial hearings in Sheriff Courts to the High Court. With our experienced team at The Glasgow Law Practice, you are assured of seamless and expert representation throughout the entire legal process.
If you believe your case will benefit from the services of a Solicitor Advocate, please discuss this at your initial consultation, and we will arrange for a meeting with Ross Yuill or Paul Mullen.
