Dispute Resolution And Proceedings Before Courts

Question 1

When does a solicitor have rights of audience in the higher courts?

Answer 1

When they obtain the higher courts advocacy qualification

Question 2

Is a solicitor obliged to attend court with their client?

Answer 2

If the solicitor instructs external counsel, it is not essential that they attend court.

However in some examples, the solicitor should attend:

• when client is charged with a serious violent offence
• serious or complex fraud cases
• when client is likely to disrupt proceedings
• when issues are likely to arise which question your client’s character or your conduct of the case

Question 3

What should a solicitor do if they have inadvertently misled the court?

Answer 3

If their client consents, they should inform the court.

If the client does not consent, they must stop acting for that client.

Question 4

How might a solicitor mislead the court?

Answer 4

• Draft documents or construct facts which are not properly arguable
• Make any allegation of crime, misconduct or fraud unless it is material to the case
• Call a witness whose evidence you know is untrue

Question 5

To whom do the dispute resolution and proceedings standards apply to?

Answer 5

Solicitors, and the firm as a whole (CCF 7.1(a)).