Changing face of advocacy

It is easy to forget that rights of audience were given to solicitors in the higher courts less than a decade ago.

Doubters predicted that solicitors would not take up their rights, or that they simply would be unable to challenge the bar in court.

Cynically, some believed that a robed solicitor would always be mistaken for a court usher.But look at the present position.

A structure is in place with the Law Society for new solicitors to train as advocates, we are accepted in the higher courts, we have appeared in the House of Lords, and increasingly the word 'advocate' is replacing 'counsel'.

Such is the wide-spread acceptance that the prime-time legal television drama, Kavanagh QC, featured a solicitor, robed, without a wig and referred to as a solicitor-advocate, taking over from counsel to make the closing speech in a murder case.

This summer I was even invited to write an introduction for a national undergraduate careers magazine on the role and career prospects of solicitor-advocates.More and more solicitors obtain their higher courts rights every month.

The Solicitors' Association of Higher Court Advocates holds its fourth and largest annual conference on 5-6 October.

For the first time, delegates will attend from Scotland and Northern Ireland.

Sessions will cover a range of topics relevant to this branch of the profession with a strong emphasis on the future.

An indication of the current status of solicitor advocacy is that both law officers will be addressing the conference, the Attorney-General is the after-dinner speaker, and the Solicitor-General will give the keynote conference speech.These are all significant developments.

Any solicitor who wishes to specialise in advocacy can now do so.

Many of the larger firms now have specialist advocacy departments.

Some have specialist training programmes in-house to encourage solicitors to qualify for higher court rights.

Traditionally, once a case is prepared it has been sent to a barrister; now, if it is in the client's interest, the advocacy will be conducted by the solicitor, right up to the House of Lords.Because the number of solicitor advocates has increased and they are considerably more visible, we have now reached the position where it is necessary to examine our relationship with the bar.

I have always been anxious that we should work closely with barristers.We are all part of the legal profession and we all have a significant part to play in its development.

I have the highest regard for the bar.

The aim of both sides of the profession must be the same; to act in the best interest of clients, consistent always with our duty to the court.I often hear talk of 'fusion' of the legal profession or that solicitor-advocates will be taking over the mantle of the bar.

I do not subscribe to those views.

It is imperative for a respected, independent and first-rate legal profession that we do work together.

However, such is now the important role of solicitor-advocates that we are consulted about a whole range of issues.

Clearly, our role is seen as an integral part of the legal system.

It should never be overshadowed by the continuing debate over court dress, although that will have to be resolved in the near future.Those who believed, when solicitors were given the opportunity of higher court rights, that it would create nothing more than an empty title, must surely concede they have been proved wrong.

Solicitor-advocates have now grown into playing a full part in the legal profession.

As for the immediate future - solicitor-advocates must decide how much of a greater role they should play.Michael Caplan is chairman of the Solicitors' Association of Higher Court Advocates and a partner at London-based Kingsley Napley