Solicitor Advocate

I wanted to be a barrister until I read how competitive and difficult it is to gain a pupillage and then more difficult to get a tenancy which really worries me, I dont want to be thousands of pounds in debt and not even be able to do the job I wanted to do that got be in all that debt so I decided to be a solicitor as I am interested in Law but I feel I would be missing out on the part I really want to do and someone recently suggested being a solicitor advocate.

Can anyone give me any further information about this? How do I become one? I assume I do the LPC and a normal training contract?

Thanks

Reply 1

Lewisy-boy

11

YEs. You do LPC and TC, then qualify into a litigation department, and hope that you can do some of your own advocacy, but tbh most firms don't - they instruct out for anything that counts since barristers have specialist cross examining skills etc.

Reply 2

bleugh

Quite a lot of the top legal aid firms tend to do a fair amount of their own advocacy these days, so that might be something to look into. But you would generally have to become quite a senior solicitor to get higher rights.

Reply 3

Confectionary

OP

Lewisy-boy

YEs. You do LPC and TC, then qualify into a litigation department, and hope that you can do some of your own advocacy, but tbh most firms don't - they instruct out for anything that counts since barristers have specialist cross examining skills etc.

Do you think that is likely to change? How often would you get to litigate?

Do you think it would be easier to become a barrister by qualifying as a solicitor then after a few years of qualification do the BVC? It wouldn't really be an option I would like to take as I dont think a few years after qualification when I have rent/mortgage etc to pay I could afford to take a year out then such a risk.

Reply 4

Lewisy-boy

11

Hmm my experience is pretty much limited to City firms, and they don't do much of their own litigating at all - mainly because their fees are normally about the same as the barrister's anyway, and the barrister is specialised in litigating, so it makes sense from the client's POV to instruct it out. I doubt it will change too quickly. In other types of firm, however, as pointed out above, it may be different. Seriously though, you don't know if you even want to do contentious work or not at your stage... don't look too far ahead. People do convert though, I think.

Reply 5

chalks

14

Confectionary

Do you think that is likely to change? How often would you get to litigate?

Do you think it would be easier to become a barrister by qualifying as a solicitor then after a few years of qualification do the BVC? It wouldn't really be an option I would like to take as I dont think a few years after qualification when I have rent/mortgage etc to pay I could afford to take a year out then such a risk.

Lets just clarify a couple of terms first. "Litigation" is the overall process whereby a dispute is resolved through the courts or a tribunal - large cases may take years. The actual standing up in court and presenting arguments etc is usually referred to as "advocacy".

Large law firms have entire litigation departments (often called dispute resolution departments) which represent their clients in disputes with others. Barristers are used when the dispute actually comes before the court for interlocutory matters or for final resolution (i.e. trial). Barristers are also used to assist with the preparation of pleadings and advising on legal issues during the course of the litigation.

It is that element of "on your feet" advocacy, previously the sole preserve of the barrister in certain Courts (i.e. the High Court and Court of Appeal), which was opened up to solicitor-advocates a number of years ago.

I qualified as a solicitor-advocate a few years ago before moving to Sydney. At that time, the amount of opportunities in large City firms to do any advocacy was extremely limited. Large firms tend to undertake a relatively small number of very complex/high profile cases. That reduces the number of advocacy opportunities for solicitors for two reasons: (1) a small number of cases means fewer occasions in Court and (2) difficult cases mean that clients want the best person available on the job - a good senior junior of, say, 10 years call will still be cheaper, and far more proficient, than a 4 or 5 year qualified associate solicitor. You can get more bang for your buck at the Bar.

Smaller firms, and those outside London which don't have easy access to a good quality local Bar, will offer far more advocacy opportunities to a solicitor.

Unfortunately, I don't see the trend changing any time soon. Its a chicken/egg quandary - solicitor-advocates don't get good advocacy opportunities because they're not experienced enough but, as a result, they don't get the chance to gain experience!

Reply 6

Henri Lloyd

very helpful post

Reply 7

Confectionary

OP

Thanks for the reply.

Reply 8

Schott

11

I've been working in a highstreet solicitors firm this week and they did a lot of legal aid. One of the partners seems to be defending clients in magistrates courts on a daily basis - apparently solicitors can represent in magistrates but have to have the solicitor advocate qualification thingy to represent in the crown courts. Dunno if this is of use or if it's widely known or not; - not a lawyer here!

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