In
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
, a right of audience is generally a right of a
lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
to appear and conduct proceedings in
court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
on behalf of their client.
[
][
] In
English law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, be ...
, there is a fundamental distinction between
barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
s, who have rights of audience in the
superior court
In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil ...
, and
solicitors
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
, who have rights of audience in the lower courts, unless a certificate of advocacy is obtained, which allows a
solicitor advocate
Solicitor advocate is a hybrid status which allows a solicitor in the United Kingdom and Hong Kong to represent clients in higher courts in proceedings that were traditionally reserved for barristers. The status does not exist in most other comm ...
to represent clients in the superior courts also. There is no such distinction in
American law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...
.
In superior courts, generally only barristers or
advocate
An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...
s have a right of audience. Depending on
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
, solicitors may have a right of audience in the
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the high ...
,
magistrates' court
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.
Courts
* Magistrates' court (England and Wales)
* Magistrate's Cour ...
s and
justice of the peace courts.
[ Further, a person appearing in court without legal representation has a right of audience but a person who is not a lawyer that assists a party to a legal matter in court does not have a right of audience. See ''D v S (Rights of Audience)'' ]997
Year 997 (Roman numerals, CMXCVII) was a common year starting on Friday (link will display the full calendar) of the Julian calendar.
Events
By place
Japan
* 1 February: Empress Teishi gives birth to Princess Shushi - she is the first ...
2 FCR 217
England and Wales
In English law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, be ...
, a right of audience is a right to appear and conduct proceedings in court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
.[
Traditionally, only ]barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
s had rights of audience in every court in England and Wales, and, , they still enjoy rights of audience in every court in England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
. However, solicitors have always had rights of audience in the magistrates' court and the county court. Solicitors' clerks have also traditionally been allowed to be heard in proceedings in chambers in the High Court, such as summonses for directions (now known as case management hearings), and subsequent changes have preserved these rights. Also, in 1972 Lord Hailsham of St Marylebone
Marylebone (usually , also , ) is a district in the West End of London, in the City of Westminster. Oxford Street, Europe's busiest shopping street, forms its southern boundary.
An ancient parish and latterly a metropolitan borough, it merge ...
, the Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
, exercising his powers under the Courts Act 1971
The Courts Act 1971 is an Act of the Parliament of the United Kingdom, the purpose of which was to reform and modernise the courts system of England and Wales.
It established the Crown Court, introduced the posts of circuit judge and recorde ...
, granted solicitors who appear for a defendant in the magistrates' court, the right to appear also in the Crown Court
The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' court ...
on any appeal or committal for sentence in the case
Lord Hailsham's announcement is here
Rights of audience were granted to a wider class of persons under the Courts and Legal Services Act 1990, s.27, as amended by the Access to Justice Act 1999, ss.36-39. The 1999 Act removed earlier restrictions on employed lawyers, such as counsel for corporations, exercising rights of audience (ss.37-38)
Courts and Legal Services Act 1990
The following have rights of audience:
*Rights granted by authorised bodies:
** Bar Council, grants rights to all barristers in all courts (ss.27(9)(a), 31);
** Law Society of England and Wales, grants rights to solicitor
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
s but require specific additional qualifications to appear in the higher courts (as a solicitor advocate
Solicitor advocate is a hybrid status which allows a solicitor in the United Kingdom and Hong Kong to represent clients in higher courts in proceedings that were traditionally reserved for barristers. The status does not exist in most other comm ...
) (ss.27(9)(b), 31);
**The Association of Costs Lawyers
The Association of Costs Lawyers (ACL) is a professional association that represents costs lawyers in England and Wales. It was originally established in 1977 as the Association of Law Costs Draftsmen, but the name was changed in January 2011.
...
grants rights to a Costs Lawyer i.e. Fellow of the Association having completed an advocacy course. (Association of Law Costs Draftsmen Order 2006 SI 2006/3333)
** Chartered Institute of Patent Attorneys (s.27(9)(c));
** Chartered Institute of Legal Executives (s.27(9)(c));
*Persons granted rights by statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
(s.27(2)(b)), for example, Health and Safety inspectors
*Persons granted rights by the discretion the court (s.27(2)(c));
* Litigants in person (s.27(2)(d));
*Employees of qualified litigators, such as solicitors' clerks, appearing in hearings held in private (s.27(2)(e)).
* At a civil case allocated to the small claims track
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may b ...
, any person accompanying the litigant may exercise rights of audience under the Lay Representatives (Rights of Audience) Order.[Lay Representatives (Rights of Audience) Order 1999]
SI 1999/1225
/ref> However, a lay representative does not have right of audience in the absence of the litigant.
Except as set out above, other persons have no right of audience. A litigant in person may, however, have the assistance of a McKenzie friend
A McKenzie friend assists a litigant in person in a court of law in England and Wales, Hong Kong, Northern Ireland, the Republic of Ireland, New Zealand, Canada and Australia by prompting, taking notes, and quietly giving advice. They need not be ...
who does not address the court but can offer advice and support to the litigant.
Reform
These rights have been preserved and extended by the Legal Services Act 2007. The relevant provision (section 12) defining "reserved legal activity" to include advocacy services, came into force on 1 January 2010 unde
the Legal Services Act 2007 (Commencement No. 6, Transitory, Transitional and Saving Provisions) Order 2009
The 2007 Act gave powers to grant rights of audience to:
* Bar Council;
*Law Society
A law society is an association of lawyers with a regulatory role that includes the right to supervise the training, qualifications, and conduct of lawyers. Where there is a distinction between barristers and solicitors, solicitors are regulated ...
;
*Chartered Institute of Legal Executives;
*Chartered Institute of Patent Attorneys;
*Institute of Trade Mark Attorneys The Chartered Institute of Trade Mark Attorneys (CITMA) was founded in 1934 as the British professional body for trade mark attorneys.
It received a Royal Charter in 2016 which saw its name change from ITMA. CITMA is a professional organisation s ...
; and
* Association of Law Costs Draftsmen.
Ireland
Post-independence the Republic of Ireland continued to restrict the right of audience in circuit court level and above to barristers. This was changed by the Courts Act 1971, s. 17 of which extended full rights of audience to solicitors in any court. Despite this many solicitors often encountered hostility from judges when exercising their right of audience for many years after the change in the law, particularly due to the fact that solicitors did not wear wigs or gowns and thus, in the judges' view (all of whom were, at that time, ex-barristers) were not 'dressed for court'.
Following the removal of the requirement of barristers (and subsequently judges) to wear wigs this distinction has further dissipated. s.215 of the Legal Services Regulatory Act 2015 finally removed the requirement of legal practitioners (including barristers) to wear wigs or robes.
References
{{DEFAULTSORT:Rights Of Audience
English law
Legal ethics
Courts of England and Wales