Barristers vs solicitor advocates

Earlier this week we saw advocates doing what they arguably do best - arguing. Unfortunately, the matter under debate was not a point of law, but which profession does it better.

In a letter to justice minister Shailesh Vara, the Bar Council said the use of solicitor advocates in the family courts had led to unjust outcomes and a decline in standards. The Law Society retorted, accusing the Bar of being motivated by self-interest and wanting to increase its members' market share.

As the chief executive of the Chartered Institute of Legal Executives (CILEx), and a barrister myself, I watched this unfold with some regret. On the one hand, we have been witnessing displays of unanimity by barristers, solicitors, and chartered legal executives on the ground as they highlight the difficulties being experienced in the legal aid field.

To see this being overshadowed by disagreements between professional bodies was unfortunate enough, though more particularly I was struck by what the exchange represented - a missed opportunity.

I am fortunate to lead a diverse profession of chartered legal executives who practise in all areas of law, including advocacy. CILEx advocates have impressed me with their talent and skill, as have the solicitor advocates and barristers I have met in my time. Airing disagreements over which profession delivers advocacy better is to overlook the broader principle - skills, ethics, and competency are what matter, not how you enter the profession or what professional title you have.

Advocacy has a fine tradition in this country. I remember when I qualified as an advocate, having started my career as a nurse, and the enormous sense of pride I felt in the achievement, and the daunting weight of history on me. My experience had taught me that your background should not be a determining factor in your capability to become a good advocate, and that I could have qualified with any profession.

To know your case and argue for your client with forensic skill and insight is not an asset that belongs uniquely to any one profession. It is within the grasp of any hardworking and competent professional.

Whether instructed by the public or by a fellow lawyer, all advocates must be trained and skilled for the task, and must work hard to win the confidence of all involved. Public hostility does not help to win this confidence, and we must not fall into the trap of short-sighted protectionism.

Barristers, solicitor advocates, and chartered legal executive advocates must work in unity for the benefit of the public, our system of justice, and our combined legal profession. Our professional duty is to work together, in partnership with the government and collaboratively with the Lord Chancellor, to help solve the problems in the system, not to add to them.

Mandie Lavin is CEO of CILEx

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