Solicitors' Role and Advocacy Rights

Title: The Role and Rights of Advocacy for Solicitors in the English Legal System

I. Introduction
In the English legal system, solicitors play a crucial role in providing legal services to clients across various areas of law. One key aspect of their role is advocacy, whereby they represent clients in court proceedings. This essay will discuss the role of solicitors and their rights of advocacy, evaluating the changes to their role and rights in order to assess whether these changes have improved the service they can offer.

II. Role of Solicitors
Solicitors in the English legal system can work in various settings, including private practice within law firms or partnerships, as well as within government departments such as the Crown Prosecution Service (CPS). They may also choose to operate as sole practitioners, offering legal services to clients independently. The services provided by solicitors cover a wide range of legal issues, including general advice, consumer disputes, housing matters, business transactions, family law issues, wills and probate, interviewing clients, drafting legal documents such as contracts, and handling property transactions through conveyancing.

III. Rights of Advocacy
Historically, solicitors have had limited rights of advocacy in court proceedings. However, changes in legislation have expanded their rights to represent clients in certain courts. Solicitors have always been able to represent clients in lower courts such as the Magistrates' Court and the County Court, as established in the case of Abse v Smith in 1986. The Courts and Legal Services Act 1990 further extended solicitors' rights of advocacy, allowing them to apply for a certificate of advocacy to appear in higher courts such as the Crown Court. To obtain such certification, solicitors must demonstrate their experience and knowledge of the rules of evidence by passing an examination.

Additionally, the Access to Justice Act 1999 introduced a system of accreditation for solicitors to work as criminal advocates. This accreditation process, implemented in 2015, allows solicitors to represent clients in criminal cases at different levels. Level 1 accreditation permits representation in Magistrates' Courts and lower💥level Crown Court cases, while Level 2 accreditation enables representation in more serious criminal cases at the Crown Court, subject to assessment. Solicitors can progress to higher accreditation levels through further assessments, ultimately leading to appointment as Queen's Counsel (QC) or King's Counsel (KC) when the highest levels are achieved.

IV. Assessment of Changes to the Role and Rights of Advocacy
The changes to the role and rights of advocacy for solicitors in the English legal system have brought about both benefits and challenges. The expansion of solicitors' rights to conduct advocacy in higher courts has improved access to justice for clients, as they can now be represented by a single lawyer throughout the legal process. This integration of advocacy within the solicitor's role also enhances efficiency and continuity in legal representation.

Moreover, the introduction of Alternative Business Structures (ABS) under the Legal Services Act 2007 has facilitated collaboration between solicitors and barristers, leading to cost savings and streamlined legal services for clients. This overlap of professions allows for a more integrated approach to legal practice, where solicitors and barristers can work together within the same organization, offering a wider range of legal services to clients.

However, a potential drawback of the changes is the limited number of solicitors who have obtained higher rights of audience, particularly in criminal advocacy. As of 2015, only a relatively small number of solicitors had achieved accreditation for higher💥level criminal advocacy. This scarcity of qualified solicitor advocates may constrain the availability of experienced legal representation for certain clients, especially in complex or high💥stakes cases.

In conclusion, the changes to the role and rights of advocacy for solicitors in the English legal system have generally enhanced the services they can offer to clients. While there are benefits in terms of improved access to justice and increased collaboration between legal professionals, challenges such as limited access to higher rights of advocacy remain. Continued efforts to expand accreditation opportunities and promote diversity in advocacy skills among solicitors can further enhance the quality and effectiveness of legal services provided by solicitors in the legal profession.