Law – 1 English legal system | e-Consult

Model Answer:

Advocacy refers to the skill of presenting a client’s case before a court, including oral argument, examination of witnesses and making legal submissions. In criminal proceedings, effective advocacy ensures that the accused receives a fair trial and that the interests of justice are served.

The primary difference in rights of audience is:

• Barristers: By virtue of their call to the Bar, barristers automatically have full rights of audience in all courts of England and Wales, including the Crown Court and the Court of Appeal.
• Solicitor‑advocates: Solicitors must obtain a higher‑court advocacy qualification (the “Higher Rights of Audience”) and be granted a practising certificate. Once qualified, they may appear in the Crown Court and higher courts, but their rights are limited to the courts for which they have been authorised.

Both categories are bound by the same professional duties of competence, honesty and loyalty, but the route to obtaining audience rights differs, reflecting the traditional division of labour between solicitors (case preparation) and barristers (court advocacy).