Open consultations

Realignment of the Higher Rights of Audience Regulations in relation to higher rights of audience and the aims of the Qualified Lawyers Transfer Scheme

16 August 2011

Background

The Higher Rights of Audience Regulations were introduced in April 2010. One of the policy objectives on implementing the 2010 Regulations was to simplify the routes to gaining the qualification so that it could only be obtained after passing an assessment. The SRA's submission to the Ministry of Justice stated:

"There will be only one route to qualification and it will be based on an assessment of advocacy skills."

The aims of the regulations are

• to provide an assurance to consumers, the judiciary and other stakeholders that solicitor advocates have been assessed as competent to advocate in the higher courts,
• to protect the client and public interest, and
• to ensure the effective administration of justice and the rule of law.

The 2010 Regulations allow for lawyers from other jurisdictions to apply to the SRA for the higher rights of audience qualification on the basis of an equivalent qualification in that jurisdiction. This provision was carried over from the previous regulations, the Solicitors Higher Courts Qualifications Regulations 2000.

Consultation question

The current drafting of the Higher Rights of Audience Regulations 2010 enables internationally qualified lawyers to seek recognition of their international (or intra-UK) higher rights qualifications by providing the SRA with evidence of their practical experience and qualifications gained outside of England and Wales.

The SRA's aim is to close this option, for the following reasons:

• the 2010 Regulations were intended to introduce assessment as the only method of gaining the qualification to ensure robust regulation of the higher rights qualification,
• this option for international candidates is inconsistent with the Qualified Lawyers Transfer Scheme Regulations which, again for the regulatory reasons of being able to robustly assess and maintain entry standards, has replaced the experience requirements,
• it potentially makes it easier for internationally qualified lawyers to qualify for higher rights of audience, than domestically qualified candidates,
• all international (i.e. not EEA) candidates who are eligible under the 2010 Regulations will be solicitors of England and Wales (having qualified under QLTR or QLTS), therefore it is logical to treat them in the same way as any other qualified England and Wales solicitor,
• it is inconsistent with the robust regulatory approach to advocacy of the Quality Assurance Scheme for Advocates (QASA).

Question: Do you agree that the SRA should treat all applicants for higher rights of audience in the same way? This would mean that all candidates have to take the same assessments to gain the higher rights of audience qualification.