Solicitors in the context of "Rights of audience"

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⭐ Core Definition: Solicitors

A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.

In the jurisdictions of England and Wales and in Northern Ireland, in the Australian states of New South Wales, Victoria, and Queensland, Hong Kong, South Africa (where they are called attorneys) and the Republic of Ireland, the legal profession is split between solicitors and barristers (called advocates in some countries, for example Scotland), and a lawyer will usually only hold one of the two titles. However, in Canada, Malaysia, New Zealand, Singapore and the remaining Australian states and territories, the legal profession is now for practical purposes "fused", allowing lawyers to hold the title of "barrister and solicitor" and practise as both. Some legal graduates will start off as one and then also qualify as the other. In the United States, the barrister–solicitor distinction never existed.

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👉 Solicitors in the context of Rights of audience

In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. In English law, there is a fundamental distinction between barristers, who have rights of audience in the superior court, and solicitors, who have rights of audience in the lower courts, unless a certificate of advocacy is obtained, which allows a solicitor advocate to represent clients in the superior courts also. There is no such distinction in American law.

In superior courts, generally only barristers or advocates have a right of audience. Depending on jurisdiction, solicitors may have a right of audience in the County Court, magistrates' courts and justice of the peace courts. Further, a person appearing in court without legal representation has a right of audience but a person who is not a lawyer that assists a party to a legal matter in court does not have a right of audience. See D v S (Rights of Audience) [1997] 2 FCR 217

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Solicitors in the context of Fused profession

Fused profession is a term relating to jurisdictions where the legal profession is not divided between barristers and solicitors. Generally, the term is used in the context of Commonwealth countries, where the single profession of barrister and solicitor is provided by statute.

In some jurisdictions (e.g., New South Wales, Queensland in Australia), there is a distinction between barristers and solicitors; legal practitioners must practise as either one or the other, and are members either of the local bar or law society. In other jurisdictions (e.g. Bangladesh, Malaysia, Singapore, the nine common law provinces of Canada, Tasmania, Victoria, South Australia and Western Australia), there is no formal distinction but legal practitioners nonetheless practise as either one or the other.

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Solicitors in the context of Law society

A law society is an association of lawyers with a regulatory role that includes the right to supervise the training, qualifications, and conduct of lawyers. Where there is a distinction between barristers and solicitors, solicitors are regulated by the law societies and barristers by a separate bar council.

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LINKED FROM (PARENTS)
← Fused profession ← Rights of audience ← Law society
LINKS TO (CHILDREN)
Lawyer → Jurisdiction → Admission to practice law → England and Wales → Solicitors Act 1974 → Practising certificate → Barrister → Jurisdictions → Northern Ireland law → New South Wales → Queensland → Attorneys in South Africa → Legal profession → Advocate → Scots law → Fused profession →