Would-be solicitor-advocates could be given extra time to qualify for higher court rights on the back of their experience, following a Law Society Council vote last week.

The council opted to extend the deadline for the 'accreditation' and 'exemption' routes - applying to solicitors experienced in advocacy - from 31 October 2005 to until the end of December 2006, mainly due to representations from the Crown Prosecution Service (CPS).


The former requires a skills assessment, while those applying under the latter can gain the qualification as long as they have the appropriate experience and qualifications. The only other route - 'development' - enables solicitors to gain higher rights by undertaking prescribed training and assessment.


The Law Society and the government originally agreed when the Higher Courts Qualification Regulations 2000 were put in place that the first two options should be cut off next month.


However, the CPS has argued that termination of the first two routes would obstruct in-house advocacy and disadvantage solicitors employed in the service. It suggested in a paper presented to council: 'The Society made it clear that it could not put forward an extension of time limited to CPS employees - but it could propose an across-the-board extension.'


In response, the Society is now applying to the Department for Constitutional Affairs (DCA) for official approval of the extension.


Philip Reed, Norton Rose partner and secretary of the Solicitors Association of Higher Court Advocates, said he would welcome any move that saw the maximum amount of flexibility, while also keeping up standards. 'There is no doubt that getting higher court rights is invaluable for litigators,' he added.


A CPS spokeswoman said: 'As the largest employers of solicitors in the country, the CPS wants to extend the number of solicitor-advocates considerably.'


The DCA said the application is under consideration.