The Student Room Group

Do solicitors have to appear in court?

Or is it just barristers?
hello, as a legal intern in a corporate company last summer, i accompanied our in-house solicitors to the court for cases involving the company. However, it is not a must for solicitors to be present because they wont be representing the client for the case in front of the jugde.

the barrister however must be there to present the arguments of his/her client in front of the judge.

Nonetheless, most of the time, solicitors especially in-house counsels will go to the courts as an observer and discuss strategies before or after the hearing session.

:smile:
Original post by Katie Lockheart
Or is it just barristers?



The question at the top isn't quite the same as what you put below it.

Must a solicitor appear in court? No. most solicitors never go anywhere near a court and I know plenty who would come out in hives if anyone suggested they did!

Must a barrister appear in court? No, a small proportion of barristers have a purely paper advisory practice.

Must a party be represented by a solicitor or barrister or both? No. With very few exceptions, a litigant can represent himself or herself.

Can a solicitor appear in court? A solicitor without higher court advocacy rights can represent his client in well over 99% of all court cases. A solicitor with both civil and criminal higher court advocacy rights can represent his client in the rest.

Must a solicitor appear with a barrister when a barrister appears in court? Here the practice has changed dramatically in the last 30 years. 30 years ago a barrister could not be instructed without a solicitor and the solicitor (or his clerk) had to attend court when he was acting for a client regardless of whether a barrister was instructed.. Neither is now true. Barristers can be instructed directly by the public and where a solicitor instructs a barrister, it is a matter for the client and the lawyers whether the solicitor attends personally.


Original post by chickensthatfly
hello, as a legal intern in a corporate company last summer, i accompanied our in-house solicitors to the court for cases involving the company. However, it is not a must for solicitors to be present because they wont be representing the client for the case in front of the jugde.

the barrister however must be there to present the arguments of his/her client in front of the judge.

Nonetheless, most of the time, solicitors especially in-house counsels will go to the courts as an observer and discuss strategies before or after the hearing session.

:smile:


FYI

Quick Reply

Latest

Trending

Trending