Bar chiefs have said they support judicial efforts to encourage junior counsel to speak during courts and tribunals hearings.

The Judicial Office said this week it wanted to spur greater participation of junior counsel to ensure their continuing development as advocates.

In all suitable cases involving leading and junior counsel, particularly where junior counsel has been heavily involved in the drafting of the written argument, judges will be expected to ask whether a speaking role for junior counsel has been considered.

Judges will be ‘generally amenable’ to both junior and leading counsel addressing the court, and parties should consider this in advance of the start of oral arguments.

Barristers

Parties will be asked whether a speaking role has been considered for junior advocates

The Judicial Office said: ‘There is also anecdotal evidence, supported by empirical data from a Supreme Court study, that women are under-represented as leading advocates, especially in major civil and Business and Property Courts litigation. It is desirable therefore to give junior counsel in general, and female junior counsel in particular, better opportunities to advance oral argument in courts and tribunals.’

Since February 2022, the Patents Court has similarly ‘encouraged’ parties to make greater use of junior advocates. In particular, parties should consider whether interim applications and submissions about disclosure may be delegated.

Bar chair Nick Vineall KC said he welcomed greater participation of junior counsel in oral arguments. ‘The Bar Council leads the profession on analysing the available data showing the general patterns of opportunities and career progression across the bar and we are pleased to endorse this new initiative that will help support the continuing professional development of junior advocates including women and under-represented groups.’

 

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