Further rights for Fellows?
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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