Solicitors' Higher Rights of Audience Qualification Foundations of Higher Rights of Audience and the Advocacy Profession Syllabus

Foundations of Higher Rights of Audience and the Advocacy Profession syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Foundations of Higher Rights of Audience and the Advocacy Profession in Solicitors' Higher Rights of Audience Qualification, not a summary of it.

1. 1

   Rights of Audience: Legal and Regulatory Framework

   4 topics

   • Statutory basis of rights of audience
     • Legal Services Act 2007 and reserved legal activities
     • Definition of advocacy as a reserved activity
     • Authorised persons and entitlement to conduct litigation
   • The civil and criminal advocacy qualifications
     • Distinction between Higher Courts (Civil Proceedings) and (Criminal Proceedings) qualifications
     • Scope of rights granted by each qualification
     • Combined civil and criminal rights
   • Role of the SRA and accredited assessment organisations
     • SRA Higher Rights of Audience standards
     • Approved assessment providers
     • Maintaining the higher rights entitlement on the roll
   • The courts where higher rights apply
     • Crown Court, High Court, Court of Appeal, Supreme Court
     • Distinction from rights in magistrates' and county courts
2. 2

   The Advocate's Professional Duties

   4 topics

   • Duty to the court and the administration of justice
     • The overriding duty to the court
     • Not misleading the court
     • Duty of candour and correcting errors
   • Duty to the client
     • Acting in the client's best interests
     • Independence and the cab-rank principle considerations
   • Resolving conflicts between duties
     • Priority of the duty to the court over client instructions
     • Handling a client who intends to mislead the court
   • Confidentiality and disclosure obligations of the advocate
3. 3

   Professional Conduct in Advocacy

   4 topics

   • SRA Standards and Regulations applied to advocacy
     • SRA Principles relevant to court work
     • Code of Conduct for solicitors as advocates
   • Conduct toward witnesses and other parties
     • Proper limits of cross-examination
     • Conduct toward litigants in person and self-represented parties
   • Conduct toward the tribunal and opponents
     • Courtesy, robing and modes of address
     • Dealing with opponents in and out of court
   • Integrity, honesty and abuse of process
4. 4

   Equality, Diversity and Vulnerable Court Users

   3 topics

   • Equality duties in the courtroom
     • Equality Act 2010 obligations for advocates
     • Avoiding discrimination in advocacy practice
   • Special measures and vulnerable witnesses
     • Identifying vulnerability and intimidation
     • Adapting questioning techniques (toolkits/ground rules hearings)
   • Reasonable adjustments and access to justice

Foundations of Higher Rights of Audience and the Advocacy Profession flashcards for Solicitors' Higher Rights of Audience Qualification

24 of 50 cards from the Foundations of Higher Rights of Audience and the Advocacy Profession deck — real questions with worked answers.

1. What is meant by a "right of audience" in the context of English legal practice?

   The right to appear before and address a court, including the right to call and examine witnesses. It is a "reserved legal activity" that may only be carried out by a person authorised or exempt under the relevant statutory scheme.

2. Which statute provides the modern statutory basis for rights of audience and the regulation of reserved legal activities?

   The Legal Services Act 2007 (LSA 2007). It defines rights of audience as a reserved legal activity and establishes the framework of approved regulators authorising individuals to exercise them.

3. Under the Legal Services Act 2007, what are the six "reserved legal activities"?

   (1) The exercise of a right of audience; (2) the conduct of litigation; (3) reserved instrument activities; (4) probate activities; (5) notarial activities; (6) the administration of oaths.

4. Which earlier statute first opened up rights of audience to solicitors and others beyond the Bar?

   The Courts and Legal Services Act 1990, which began the process of breaking the barristers' monopoly and allowed solicitors to gain higher rights of audience through additional qualification.

5. What automatic rights of audience does every admitted solicitor have without obtaining higher rights?

   Rights of audience in the lower courts: the magistrates' courts, the county court, and tribunals. Higher rights are required to advocate in the higher courts.

6. What additional courts can a solicitor appear in once they obtain higher rights of audience?

   The higher courts: the Crown Court, the High Court, the Court of Appeal, and the Supreme Court (and the Judicial Committee of the Privy Council).

7. What are the two separate Higher Rights of Audience qualifications a solicitor can obtain?

   (1) The Higher Courts (Civil Advocacy) qualification, for the higher civil courts; and (2) the Higher Courts (Criminal Advocacy) qualification, for the higher criminal courts. They are awarded independently.

8. Can a solicitor with only the civil higher rights qualification conduct an advocacy hearing in the Crown Court?

   No. The civil qualification grants higher rights only in civil proceedings. Criminal advocacy in the Crown Court requires the separate Higher Courts (Criminal Advocacy) qualification.

9. Which body is the approved regulator and licensing authority for solicitors' higher rights of audience?

   The Solicitors Regulation Authority (SRA), the independent regulatory arm of the Law Society, which is itself an approved regulator under the Legal Services Act 2007.

10. What is the role of "accredited assessment organisations" in the higher rights scheme?

    They are organisations approved by the SRA to deliver and assess the Higher Rights of Audience qualification. A candidate passes their advocacy assessments and the organisation certifies competence, after which the SRA records the higher rights.

11. After passing a higher rights assessment, what must happen before a solicitor can exercise those rights?

    The qualification must be recorded by the SRA on the solicitor's record (and reflected in the roll/practising certificate). The solicitor must also hold a current practising certificate.

12. What is the advocate's "duty to the court" and why is it described as paramount?

    It is the duty not to mislead the court and to uphold the proper administration of justice. It is paramount because, where it conflicts with the duty to the client, the duty to the court (and the public interest in the administration of justice) prevails.

13. Give three concrete examples of an advocate's duty to the court.

    Not misleading the court on fact or law; drawing the court's attention to relevant adverse legal authorities and procedural rules even if unfavourable; and not abusing your role (e.g. not making allegations without a proper basis).

14. Must an advocate disclose a relevant binding authority to the court even if it harms their client's case?

    Yes. An advocate must bring to the court's attention relevant binding authorities, statutory provisions and procedural irregularities of which they are aware, even when adverse to the client, because the duty to the court not to mislead is paramount.

15. What is the advocate's core "duty to the client"?

    To act in the best interests of each client, providing competent, diligent advocacy and fearlessly advancing the client's case by all proper and lawful means, within the bounds of the law and professional conduct rules.

16. Which duty prevails when an advocate's duty to the client conflicts with the duty to the court?

    The duty to the court and the proper administration of justice prevails over the duty to the client. An advocate must never breach their duty to the court in order to advance a client's case.

17. A client tells their advocate, in confidence, that they are guilty but instructs the advocate to plead not guilty. What may the advocate do?

    The advocate may continue acting and put the prosecution to proof (test the evidence), but must NOT positively assert the client's innocence, call evidence the advocate knows to be false, or advance a positive case inconsistent with the confession. Doing so would mislead the court.

18. What is an advocate's general duty of confidentiality to the client?

    To keep the affairs of current and former clients confidential indefinitely, unless disclosure is required or permitted by law or the client consents. Confidentiality survives the end of the retainer and the client's death.

19. How does the duty of confidentiality interact with the duty not to mislead the court when a client lies?

    The advocate cannot reveal the client's confidence, but neither can the advocate continue presenting a case they know to be false. If the client insists on misleading the court, the advocate must usually cease to act, and may not give the real reason because of confidentiality.

20. Distinguish legal professional privilege from the duty of confidentiality.

    Confidentiality is a professional/contractual duty owed by the lawyer. Legal professional privilege (legal advice privilege and litigation privilege) is a substantive legal right of the client that protects communications from compelled disclosure even to a court. Privilege is narrower but stronger.

21. Which document sets out the overarching ethical framework for solicitor-advocates?

    The SRA Standards and Regulations ("STaRs"), which include the SRA Principles and the SRA Code of Conduct for Solicitors, RELs and RFLs, governing conduct in advocacy.

22. List the seven SRA Principles that underpin all solicitor conduct.

    Acting (1) in a way that upholds the constitutional principle of the rule of law and the proper administration of justice; (2) in a way that upholds public trust and confidence in the profession; (3) with independence; (4) with honesty; (5) with integrity; (6) to encourage equality, diversity and inclusion; and (7) in the best interests of each client.

23. If two SRA Principles conflict, which takes precedence?

    The Principle that best serves the wider public interest, especially the public interest in the proper administration of justice, takes precedence over an individual client's interests.

24. Under the SRA Code, what may a solicitor-advocate not do regarding evidence and witnesses?

    They must not place themselves in contempt of court; must not seek to influence the substance of a witness's evidence (no coaching); must not call witnesses or evidence they know to be false; and must not make allegations of fraud or impropriety without a proper evidential basis.

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