What’s the difference between a Solicitor and a Solicitor Advocate?
When you're facing a legal issue, understanding who to turn to for help can be unclear. You may have heard the terms "Solicitor" and "Solicitor Advocate" and wondered whether they're interchangeable, or if there's a real difference. While both are legal professionals qualified as solicitors whose roles generally overlap, there are some key differences between them. In this blog, we'll clarify the distinction between the two.
What is a Solicitor?
A Solicitor is a professional legal expert who may provide advice and assistance on a wide range of legal matters. They are often the first point of contact for individuals or businesses seeking legal help. Solicitors can guide you through various personal and professional legal challenges, from drafting contracts and handling conveyancing matters, to assisting with litigation or divorce matters, and everything in between.
While Solicitors are skilled in preparing legal documents, negotiating settlements, and advising clients, they typically do not represent clients in court unless the case is heard in a lower court or tribunal (such as the Magistrates’ Court, the County Court, or an Employment Tribunal, for example). Instead, if your legal matter requires courtroom representation, Solicitors will often work alongside Barristers or Solicitor Advocates.
What is a Solicitor Advocate?
A Solicitor Advocate is a Solicitor who has undergone further training and gained an additional qualification known as the ‘Higher Rights of Audience’ (“Higher Rights”) to represent clients in higher courts, such as the Crown Court, High Court, Court of Appeal, and Supreme Court. While Solicitors generally handle legal matters outside of court, Solicitor Advocates can take your case all the way through the life of a dispute, including conducting the most complex court hearings.
Solicitor Advocates are qualified to represent clients in higher-level courts without needing to instruct a Barrister, which can save time and costs. They are trained specifically for courtroom advocacy, which means they have the skills to argue cases, cross-examine witnesses, and address judges, just like a Barrister would.
Where Do Their Roles Overlap?
Despite their differences in court, Solicitors and Solicitor Advocates share some common ground. Both are involved in the preparation of a case, e.g. researching legal matters, drafting documents, and providing advice to clients. In fact, Solicitor Advocates still rely on the same skills as Solicitors when handling the legal logistics of a case outside of the courtroom – which is where a Solicitor Advocate’s assistance can be invaluable over and above that of a Barrister, whose role is often limited only to advocacy, advice, and drafting pleadings.
In certain situations, Solicitors and Solicitor Advocates work together as part of a team. For example, a Solicitor may handle the initial case preparation and deal with client communication, while a Solicitor Advocate takes over when the case heads to a higher court. However, you can simply instruct a Solicitor Advocate to deal with both pre-action matters in litigation, through to issuing proceedings and representing you in a higher court, therefore serving a dual purpose. This collaboration ensures that all aspects of the legal process are covered, with each professional focusing on the part they are most qualified to handle or both.
Conclusion
Understanding the difference between a Solicitor and a Solicitor Advocate is helpful in ensuring you receive the right legal support for your situation. While Solicitors are experts in managing legal matters and providing advice outside of court, a Solicitor who is also a Solicitor Advocate is equipped to handle more complex cases in higher courts, offering seamless representation from start to finish.
Ultimately, whether you need a Solicitor or a Solicitor Advocate depends on the specifics of your case. By understanding their roles, you’ll be in a better position to make an informed decision and ensure that you have the right legal expert by your side.
Are you interested in hearing more about Solicitor Advocacy? You can find out more in Conor Maher‘s previous article: Do I really need a lawyer to represent me in court?
How can we help?
When you submit this form an email will be sent to the relevant department who will contact you within 48 hours. If you require urgent advice please call 01202 525333.
