Solicitor Advocates - "The Way Ahead"?

Earlier this year, the Lord Chancellor's Department published a consultation paper entitled "Rights of Audience and Rights to Conduct Litigation in England and Wales: The Way Ahead".

The recommendations outlined in the paper could lead to significant changes in the provision of legal services, with the emergence of "solicitor advocates". Simon Miller, looks at the likely impact of the proposals for companies involved in commercial disputes.

Historically, solicitors have instructed barristers to settle pleadings and to appear as advocates in court, as it was believed that a client's interests were best represented by two legal advisers rather than one, and that barristers were more "cost-effective" to use than solicitors. Neither of these propositions are necessarily accurate.