Winston Jacob discusses solicitors’ agents, rights of audience & the chambers’ advocate
In what circumstances does a “solicitors’ agent” enjoy a right of audience before a court? By “solicitors’ agent” I mean an individual seeking to exercise a right of audience as an exempt person under the Legal Services Act 2007 (LSA 2007), Sch 3, para 1(7). This provision, which replaced s 27(2)(e) of the Courts and Legal Services Act 1990 (CLSA 1990), states:
“The person is exempt if—
(a) the person is an individual whose work includes assisting in the conduct of litigation,
(b) the person is assisting in the conduct of litigation—
(i) under instructions given (either generally or in relation to the proceedings) by an individual to whom sub-paragraph (8) applies, and
(ii) under the supervision of that individual, and
(c) the proceedings are not reserved family proceedings and are being heard in chambers—
(i) in the High Court or county court, or
(ii) in the family court by a judge who is not, or by two or more judges at least one of whom is not, within s 31C(1)(y)
