header-logo header-logo

Wigs off!

David Burrows bangs the drum for solicitor Advocates

Why would a solicitor want to be an advocate, when there are so many barristers seeking work; and so many, it might be thought, better advocates than the solicitor who instructs them? I speak as a family lawyer, who started off as a generic litigation lawyer. I did my bit in the magistrates' courts—crime, domestic and juvenile courts; I appeared in the county courts and, in wardship days especially, had my thrice-yearly appearances in the Family Division in the 1980s.

And much more often than not, the other advocates were barristers. Why? Is that what the client wants? Twenty-five years ago, yes perhaps they did. “She's got a barrister, why haven't I got one?” was the comment. Now it is the opposite. On the rare occasions I have to retain counsel—I'm double-courted, once I was having an operation (the client reported me for that to the Solicitors Regulation Authority)—the client can become quite upset when they can't have their solicitor. And, if offered the choice

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll