Judgement Call


Guy Gosheron's stated rationale against the proposal to abolish the formal higher rights of audience qualification is based on incorrect assumptions (see [2007] Gazette, 4 January, 7).



Solicitors already hold advocacy rights - to appear in the county court or the magistrates' court, for example - that do not require additional qualifications, yet I am not aware of any call to reduce solicitors' rights in these courts because of the dumbing-down of professional advocacy standards. I cannot see why solicitors should not appear in the High Court to the same standard.



A solicitor is obliged to act with competence and diligence. The assessment of competency is necessarily subjective, and whether or not the solicitor has other considerations, including financial, this does not negate his duty to the client. If he has insufficient experience or skill to act as an advocate - irrespective of venue - he should not act or should instruct another who is competent.



It is for the solicitor to assess his own experience, knowledge and skill and make the judgement as to whether he is able to perform effectively. This decision-making process is not confined to advocacy. Solicitors make assessments of their competence throughout their careers and in relation to other areas of practice. The treatment of advocacy should not be any different.



Radley Biddulph, legal adviser, General Healthcare Group, London