The key to the Lord Chancellor's proposed reforms to higher court advocacy rights lies in the detail of the hurdles solicitors will have to overcome.

Set too high, and the legislation will never achieve its stated aim.

Set too low and advocates simply will not be equipped -- by training or experience -- to meet the standards expected by the bench and demanded by the client.The starting point must be new entrants to the profession.

If we take time now to set up rigorous training and support for trainees who wish to become specialist advocates, then as each year brings a new cohort of super-trained advocates on stream, we can be confident that the profession as a whole will strengthen and that lingering barriers of prejudice and ignorance in the higher courts will be broken down.Entrants who want to acquire extended rights must be supported by a powerful new training programme which will deliver the right of conduct to Higher Court advocacy by the end of their first year after qualification.That means:-- An advocacy 'elective' course at legal practice course (LPC) level, followed by short courses in the three subsequent years;-- Fast-track lower court advocacy rights in the second year of the training contract, giving an early chance to appear in all hearings save criminal trials;-- Full lower court rights on qualification, as now;-- Mentor support (similar to pupillage) for the year before and after acquisition of higher courts rights;-- Higher court qualification from the end of the first year of post qualification;-- Continuing professional development (CPD) requirements in later years.For existing solicitors, the restriction on appearance at plea and directions hearings should go.

Advocates would then be able to appear across a range of short hearings in the crown court including those in the engine room of crown court practice.

The new higher court qualification could follow the existing exemption route, but with much greater opportunity for candidates to prove experience in the crown court, through:-- A portfolio of crown court appearances and summary trials;-- Attendance at a 'threshold' course -- perhaps a two-day non-residential course with specialist teaching on jury skills and Court of Appeal drafting;-- A vigorous CPD commitment for specialist advocacy training in subsequent years.These proposals for aspiring higher court advocates would harness their existing strengths and enthusiasm and provide them with tools of the trade, not obstacles to practice.

For new advocates there would be a staged approach building on solid foundations.

For existing advocates, the expensive and time consuming examination would give way to a streamlined procedure based on proven experience.The Lord Chancellor says he wants to abolish antiquated restrictions on audience rights.

Now is the time for solicitors to prove that the future of higher court advocacy is safe in their hands by proposing an innovative package which supports excellence in advocacy at every level.

And in doing so, we should not be afraid to set new quality standards for the profession as a whole.