Q Since counsel are no longer required to be robed in open court before a district judge, is it right for a district judge to insist on a solicitor being robed in the same circumstances, either when the other party is represented by counsel or no counsel is involved?
A In fact, Bar Council guidance is that counsel need only robe before a district judge on a committal or winding up petition hearing (which are odd bedfellows). Who should be robed is within the control of the court but if counsel is unrobed we consider it would be unprincipled for the judge to direct the solicitor to be robed. If the solicitor is the only advocate then a requirement for the solicitor to robe (but not be wigged) would be unobjectionable provided that the judge is robed. However, robing by a district judge and the advocates before them is becoming increasingly unfashionable, except for committals.
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