Closed Consultation
Solicitor higher court advocates – proposal for mandatory re-accreditation
1 May 2009
The deadline for submission of responses to this consultation was 16 April 2009.
At its meeting on 23 April, the SRA Board confirmed its earlier decision to proceed with its submission to the Ministry of Justice for approval of a streamlined, more-accessible and competence-based approach to the accreditation of higher rights of audience for solicitors. An application has now been submitted to the Ministry of Justice seeking retention of a mandatory accreditation with advocacy CPD required for the first five years following qualification. We are looking to implement the new regulations by January 2010, subject to approval by the Ministry of Justice.
On the question whether to include periodic reaccreditation on a mandatory basis within the new scheme, the Board welcomed the 162 responses to its consultation. Having considered the responses, the Board confirmed that
- it remained committed to the principle of periodic reaccreditation in accreditation schemes generally to assure consumers of the legal services about the continued quality of provision, and
- it wished to pursue the question of periodic reaccreditation of higher rights in collaboration with the Bar Standards Board with a view to achieving a common approach to securing advocacy standards across the legal profession.
The Board therefore decided that it would defer any action on reaccreditation of higher rights of audience until these discussions have taken place.
Analysis and summary of the responses to the consultation is published below.
The information below is for reference purposes only.
We are seeking views on the way in which we propose to regulate solicitors who appear in higher courts proceedings.
In developing the higher courts qualification scheme, our key objectives are to
- provide the public and clients with confidence in the standard of solicitor higher court advocates,
- provide assurances that appropriate standards are being met and maintained, and
- ensure that any regulatory requirements are open, fair, transparent and proportionate.
Following two earlier consultations on the regulation of solicitors and registered European lawyers wishing to exercise rights of audience in the higher courts, we have revised our proposals and are seeking further views on the issue of re-accreditation.
The consultation paper outlines three options:
- Mandatory re-accreditation for all
- Targeted mandatory re-accreditation
- No re-accreditation
For more information, please download the consultation paper.