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Solicitor Advocate

Law of England and Wales
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Solicitor Advocate

Solicitor Advocate is the informal term used to describe a solicitor who is qualified to represent clients as an advocate in the higher courts in England and Wales or Scotland.

Historically, solicitors took conduct of litigation, and undertook advocacy in the lower courts (tribunals, Coroner's Courts, Magistrates' Courts, County Courts, Scottish Sheriff Courts and the European Courts), but were not able to represent their clients in court in the higher courts (Crown Court, High Court, Court of Appeal, the Court of Session in Scotland and the House of Lords). Instead, solicitors were required to instruct barristers (in England and Wales) or advocates (in Scotland) to represent their clients in court.

Section 27 of the Courts and Legal Services Act 1990 and section 24 of the Law Reform (Miscellaneous Provisions) Scotland Act 1990 created a route for solicitors to qualify for rights of audience in the higher courts where they have sufficient training and experience. The complex rules and regulations were relaxed by the Higher Courts Qualification Regulations 2000. There are four main routes to qualify for higher rights of audience - 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.

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