In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client.[1][2] In English law, there is a fundamental distinction between barristers, who have rights of audience in the superior court, and solicitors, who have rights of audience in the lower courts, unless a certificate of advocacy is obtained, which allows a solicitor advocate to represent clients in the superior courts also. There is no such distinction in American law.
In superior courts, generally only barristers or advocates have a right of audience. Depending on jurisdiction, solicitors may have a right of audience in the County Court, magistrates' courts and justice of the peace courts.[2] Further, a person appearing in court without legal representation has a right of audience but a person who is not a lawyer that assists a party to a legal matter in court does not have a right of audience.[citation needed] See D v S (Rights of Audience) [1997] 2 FCR 217
- ^ Curzon, L.B. (2002). Dictionary of Law (6th ed.). London: Longman. pp. p.34. ISBN 0-582-43809-8.
- ^ a b Osborn, P G (1993). Osborn's Concise Law Dictionary (7th ed.). London: Sweet & Maxwell. pp. p.39. ISBN 0-421-38900-1.