Solicitor advocates - the best of both worlds

Solicitors have always been able to appear in the Magistrates Court, the County Court and many tribunals. A few years ago suitably qualified solicitors also became able to obtain the right to appear in the Higher Courts. They became known as solicitor advocates.

The opportunities for solicitors to appear as advocates have now been greatly increased. Those who are about to qualify can undertake courses that will enable them to obtain the necessary qualification from the Law Society to appear as solicitor advocates with or against barristers in the Crown Court, the High Court, Court of Appeal and even the House of Lords. The courses can also be taken at any stage after qualification.

How advocacy works

The solicitor advocate is a solicitor employed by a law firm in the same way as any other solicitor. Some of the larger firms are developing departments of solicitor advocates. Once a case is prepared it will be referred to that department for representation in court. Most solicitor advocates, however, are individuals in firms and work in the same way as other solicitors. In addition they can and do appear to represent a client in the Higher Courts. This is often in addition to their other workload in the firm.

A varied role

Unlike the barrister, the solicitor advocate may interview the client, take his statement, interview his witnesses, correspond with other parties and deal with all the case management and administrative matters. Rather than send the case papers to a barrister he will prepare for trial himself and appear at court to represent the client. In the Higher Court, solicitor advocates wear their solicitor's gown (which is different to the barrister's gown), tabs and collar, but do not wear a wig unlike the barrister. Often his opponent will be a barrister instructed by another firm of solicitors.

What does it take?

It is sometimes said that you have to be born an advocate. I do not agree. You have to want to get up on your feet and be prepared to present and if necessary argue your client's case. It is also not just about appearing in court. A famous solicitor advocate once wrote that advocacy is 98% preparation. That is often the case. Being a solicitor advocate can be very stimulating and rewarding. But it is often extremely hard work.

Michael Caplan:

Chairman of the Solicitors' Association of Higher Court Advocates, Partner at Kingsley Napley, London.