Are there further rights open to me once I become a
Fellow?
Upon qualification as a Fellow, a member obtains certain rights
of audience in county court, namely the right to appear in an
unopposed application for adjournment or an application for
judgement by consent. This right is set out in the County Court
(Right of Audience) Direction 1978. However, this only
applies to Fellows employed by a solicitor.
Under regulation 38(1)(b) of the Civil Legal Aid (General)
Regulations 1989, a Fellow may represent an appellant before a
Legal Aid Area Committee at the hearing of an appeal against a
decision affecting the applicant’s right to receive legal
aid. Fellows who are not employed by a solicitor are not
restricted from appearing. However, given a Fellow has no
automatic right to conduct litigation, it should only really be
applicable to Fellows who have obtained the further rights
pertaining to litigation.
Fellows can obtain further practice rights to become
litigators in civil, criminal or family proceedings. Qualification
will enable Fellows to provide the full range of litigation
services in the practice area in which the rights are
obtained. The application for litigation rights include an
application for advocacy rights. This is because the conduct of
litigation is closely linked to the exercise of rights of audience/
advocacy rights. Further information can be found
here.
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