Rights of audience
Encyclopedia
In common law
, a right of audience is generally a right of a lawyer
to appear and conduct proceedings in court
on behalf of their client. In English law
, there is a fundamental distinction between barrister
s, who have a right of audience, and solicitors, who traditionally do not (with the exception of solicitor advocate
s); there is no such distinction in American law.
In superior court
s, generally only barristers or advocate
s have a right of audience. Depending on jurisdiction
, solicitors may have a right of audience in Magistrates
and County
or District
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) [1997] 2 FCR 217
, a right of audience is a right to appear and conduct proceedings in court
.
Traditionally, only barrister
s had rights of audience and, , they still enjoy rights of audience in every court in England and Wales
. However, rights of audience are now granted to a wider class of persons and are governed by 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)
The Association of Law Costs Draftsmen 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)
On the small claims track, any person may exercise rights of audience, under the Lay Representatives (rights of audience) Order, but only if the party is present at the hearing. Other persons may not exercise rights of audience but may sit with a litigant in person and offer quiet assistance as a McKenzie friend
.
comes into force and which will give powers to grant rights of audience to:
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, a right of audience is generally a right of a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
to appear and conduct proceedings in court
Court
A court is a form of tribunal, often a governmental 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 with the rule of law...
on behalf of their client. In English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, there is a fundamental distinction between barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
s, who have a right of audience, and solicitors, who traditionally do not (with the exception of solicitor advocate
Solicitor Advocate
Solicitor advocate is the title used by a solicitor who is qualified to represent clients as an advocate in the higher courts in England and Wales or in Scotland.-Origin:...
s); there is no such distinction in American law.
In superior court
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
s, generally only barristers or advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
s have a right of audience. Depending on jurisdiction
Territorial jurisdiction
Territorial jurisdiction in United States law refers to a court's power over events and persons within the bounds of a particular geographic territory. If a court does not have territorial jurisdiction over the events or persons within it, then the court cannot bind the defendant to an obligation...
, solicitors may have a right of audience in Magistrates
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
and County
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
or District
District court
District courts are a category of courts which exists in several nations. These include:-Australia:District Court is the name given to the intermediate court in most Australian States. They hear indictable criminal offences excluding treason, murder and, in some States, manslaughter...
courts. Further, a person appearing in court without legal representation
Litigant in person
A litigant in person, in the United Kingdom, is an individual, company or organisation that is not represented in court by a solicitor or barrister, but nevertheless has rights of audience...
has a right of audience but a person who is not a lawyer that assists a party to a legal matter
McKenzie Friend
A McKenzie friend assists a litigant in person in a common law court. This person does not need to be legally qualified. The crucial point is that litigants in person are entitled to have assistance, lay or professional, unless there are exceptional circumstances.Their role was set out most...
in court does not have a right of audience. See D v S (Rights of Audience) [1997] 2 FCR 217
England and Wales
In English lawEnglish law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, a right of audience is a right to appear and conduct proceedings in court
Courts of England and Wales
Her Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom.The United Kingdom does not have...
.
Traditionally, only barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
s had rights of audience and, , they still enjoy rights of audience in every court in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
. However, rights of audience are now granted to a wider class of persons and are governed by the Courts and Legal Services Act 1990
Courts and Legal Services Act 1990
The Courts and Legal Services Act 1990 was an Act of the Parliament of the United Kingdom that reformed the legal profession and Courts of England and Wales...
, 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 CouncilBar councilA bar council , in a Commonwealth country and in the Republic of Ireland, the Bar Council of Ireland is a professional body that regulates the profession of barristers together with the King's Inns. Solicitors are generally regulated by the Law society....
, grants rights to all barristers in all courts (ss.27(9)(a), 31); - Law Society of England and WalesLaw Society of England and WalesThe Law Society is the professional association that represents the solicitors' profession in England and Wales. It provides services and support to practising and training solicitors as well as serving as a sounding board for law reform. Members of the Society are often consulted when important...
, grants rights to solicitorSolicitorSolicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
s but require specific additional qualifications to appear in the higher courts (ss.27(9)(b), 31);
- Bar Council
The Association of Law Costs Draftsmen grants rights to a Costs Lawyer
Costs lawyer
In English law, a costs lawyer is a legal professional concerned with legal costs who has attained rights of audience and rights to conduct costs litigation....
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 AttorneysChartered Institute of Patent AttorneysThe Chartered Institute of Patent Attorneys is the British professional body of patent attorneys. It was founded in 1882 as the Chartered Institute of Patent Agents and incorporated by Royal Charter in 1891...
(s.27(9)(c)); - Institute of Legal ExecutivesInstitute of Legal ExecutivesThe Institute of Legal Executives is the professional body for legal executives in England and Wales and an examination board providing qualifications for legal executives, paralegals and legal secretaries.-History:...
(s.27(9)(c));
- Chartered Institute of Patent Attorneys
- Persons granted rights by statuteStatuteA statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
(s.27(2)(b)), for example, Health and Safety inspectors - Persons granted rights by the discretionJudicial discretionJudicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence...
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)).
On the small claims track, any person may exercise rights of audience, under the Lay Representatives (rights of audience) Order, but only if the party is present at the hearing. Other persons may not exercise rights of audience but may sit with a litigant in person and offer quiet assistance as a McKenzie friend
McKenzie Friend
A McKenzie friend assists a litigant in person in a common law court. This person does not need to be legally qualified. The crucial point is that litigants in person are entitled to have assistance, lay or professional, unless there are exceptional circumstances.Their role was set out most...
.
Reform
These rights will continue until the Legal Services Act 2007Legal Services Act 2007
The Legal Services Act 2007 is an Act of the Parliament of the United Kingdom that seeks to liberalise and regulate the market for legal services in England and Wales, to encourage more competition and to provide a new route for consumer complaints...
comes into force and which will give powers to grant rights of audience to:
- Bar Council;
- Law Society;
- Institute of Legal Executives;
- Chartered Institute of Patent Attorneys;
- Institute of Trade Mark Attorneys; and
- Association of Law Costs Draftsmen.