The key proposals include:
- updating advocacy standards to better reflect modern practice, including awareness of the needs of vulnerable clients and witnesses
- introducing one centralised higher rights advocacy (HRA) assessment to be taken after you qualify as a solicitor, rather than during the Professional Skills Course. This is to ensure consistency, as currently several providers assess competence
- requiring solicitors acting in more serious youth courts cases to have the higher rights qualification. This would apply to any case that would go to the Crown Court if it involved an adult
Higher court advocacy arrangements
The SRA has updated its advocacy resources for civil and criminal practitioners to better reflect modern practice.
Adapting to the needs of vulnerable clients and witnesses:
- building trust with your clients
- meeting the needs of vulnerable people
- police station representatives – good practice guide
- providing remote advocacy services
- youth court advocacy – good practice for solicitors
Preparing your case:
Developing practical advocacy skills:
- addressing the court
- delivering an effective opening speech
- conducting examination in chief
- conducting cross examination
- delivering an effective closing speech
- practising advocacy in the higher courts
Future resources will include:
- developing resources for the public and other stakeholders that explain the advocacy standards expected of solicitor
- encouraging consumers to report concerns about advocacy to the SRA, which will be published as aggregated and anonymised data
How to apply for Higher Rights of Audience
Since April 2021, only admitted solicitors can work towards the Higher Rights of Audience (HRA) qualification. They will all need to go through the same training provider and assessment process:
- candidates will be assessed against revised criminal and civil HRA standards
- only solicitors and registered European lawyers can take the criminal and civil HRA assessments
Abandoning the Quality Assurance Scheme for Advocates (QASA)
The SRA no longer considers QASA "fit for purpose or in line with our current regulatory approach."
We welcome the SRA’s emphasis on robust standards for higher rights qualification, and on providing support and materials to help solicitors improve the quality of their advocacy. We believe this is far more likely to improve standards than a more hardline approach.
Feedback from clients can be useful, but clients cannot always judge whether their lawyer did a good job or not, particularly if they’ve been convicted despite their solicitor’s best efforts.
We would not object to client feedback being used to identify potential training needs, within a culture of improvement rather than sanctions.
We welcome the decision to abandon QASA, ending the uncertainty around it.
What the proposals could mean for solicitor advocates
Those who can practise advocacy in the magistrates’ court will not be affected. Under the SRA Code of Conduct, solicitors still must only take on work which they’re competent to carry out.
The SRA will make it easier to report solicitors who do not seem to be meeting the standards under the SRA statement of solicitor competence.
What we’re doing
November 2022 – we updated our guide on advocacy preparation and conduct to reflect the SRA's latest guidance
November 2019 – we responded to the SRA consultation on assuring advocacy standards.