The term ‘Solicitor’s agent has become synonymous with an unqualified advocate who is exercising a right of audience in the County Court relying on exemptions under the Legal Services Act 2007 or the Lay Representatives (Rights of Audience) Order 1990.
What will normally happen is that a law firm will instruct an advocacy provider (a regulated law firm) who employed contractors who are renumerated on a self-employed basis. My BSB entity, AJH Advocacy Limited, works in the same manner – except I am the sole advocate that is instructed and, more importantly, I have the right of audience in the County Court as a CILEX Advocate.
Not all advocates from advocacy providers are unqualified. I am also a qualified advocate for Quest Legal Advocates and they have a number of qualified advocates like myself across England and Wales.
There is a particular Judge I appear before quite often who, when seeking to identify the capacity of each advocate, will ask ‘are you Counsel, Solicitor or Solicitor’s agent?’. One of my opponents said to me “..but you are not a Solicitor’s agent, you have the appropriate right of audience to appear in this hearing?”
Strictly speaking, I am a Solicitor’s agent. The Judge is potentially wrong in her approach because if I were the fee earner who had conduct of the case and I was a CILEX Advocate, I wouldn’t be a solicitor’s agent. She is however correct to identify me as a Solicitor’s agent.
A different instance was last week when I appeared before a Recorder on behalf of a Defendant. Once he identified me as a CILEX Advocate, he asked ‘are you a member of the firm or are you instructed as an agent?” *chef’s kiss* that was the correct identification.
The reason being is that the term ‘Solicitor’s Agent’ has lost its original meaning. The original meaning can be found within the comments of Deputy District Judge Balchin, which were quoted in the County Court Appeal of Halborg v Apple:-
“.. Mr Halborg is entirely right in what he told me about the origins of solicitor’s agents attending, for instance, hearings in London at the behest of a solicitor’s firm in the countryside, for example.”
Example of a Solicitor’s Agent
Mr Halborg refers to the original purpose of Solicitor’s Agent. I have said previously (and to many that have asked or I have spoken to) that the original context was pointed out to me that up the road from Plymouth Magistrates’ Court was a set of ‘Solicitors Chambers’. It seems odd to think that such a thing exists but it’s location is crucial to its purpose.
Imagine a person lives in Grismby. That travels down to Plymouth to meet friends. During their visit an altercation occurs and following arrest that person is charged but bailed. The person uses local duty Solicitor at the police station but returns to Grismby and uses Solicitors there to prepare for a magistrate trial. That person must return to Plymouth but the Solicitor will change travel, accommodation and time to travel to Plymouth.
The person decides that it is too expensive. Maybe the quotes from local counsel are more than what the person can afford. Instead, the Grimsby firm calls a local criminal firm or ‘solicitors chambers’ and sources a Solicitor with the experience and competency to conduct the trial. The Grismby Solicitors brief the Plymouth Solicitor and that Solicitor represents the person at trial, as the Grimsby’s Solicitors’ agent.
That is what Mr Halborg is referring to. That is the original meaning of Solicitor’s Agents.
How does this work in the County Court?
I cannot locate the original, but s60(1) of the County Courts Act 1984 included a provision that said “In any proceedings in a County Court any of the following persons may address the court: any Solicitor engaged as an agent by a Solicitor on the record, any solicitor employed by a Solicitor so engaged.
As legislation changed and progressed, the wider the scope of authorised person who could exercise a right of audience. On the 23rd April 1998 (when I was nine years old) the Institute of Legal Executive Order 1998 came into force which meant ILEX became an authorised body for the purposes of s27 Courts and Legal Services Act 1990 (i.e. authorised to grant right of audience to its members).
When one looks at any professional indemnity insurance application form, it asks for the law firm to confirm the work it intends to undertake and the expected percentage of work. One area of work is ‘agency advocacy’. So when Quest Legal Advocates and LPC Law renew their PII, they will be ticking that box.
AJH Advocacy Limited is authorised by the BSB to do the exact same thing. I am authorised by CILEX Regulation to appear in the County Court, I act as an agent for those instructing me (so AJH Advocacy does not have to be the law firm on record) and my PII covers my work.
Agency Advocacy – the bigger picture
There is a much wider scope of agency advocacy. When Legal Futures got in touch with me to write an article about AJH Advocacy Limited, I explained that AJH Advocacy Limited is a prime example about how other advocates, other than Barristers, could offer advocacy services as individuals.
Imagine if you will any type of lawyer (CILEX Advocate, Solicitor, Cost Lawyer) who wishes to offer advocacy like I do. A criminal practitioner who is in situ of Barnstaple, a Court from what I understand has limited legal aid practitioners to cover that area. With a single person BSB entity, that practitioner could accept instructions directly and/or be registered with the legal aid agency to accept and act for clients at the Magsitrates’ Court in Barnstaple. What if there was a cost lawyer who was based London who could regularly attend costs hearings in the Senior Courts Costs Office or the Royal Courts of Justice costs hearings? What if there was a family practitioner who was based in the South East and could cover numerous hearings at affordable rates because they were a single person entity under the BSB?
As previously advised, CILEX Regulation are looking to apply to the LSB for the ability to award CILEX Advocates a higher rights certificate. Imagine non-barrister advocates being able to accept instructions from law firms and act as a Solicitor’s agent in the high court?
Hopefully AJH Advocacy Limited is paving the way for individual lawyers to be able to offer agency advocacy.
Information
AJH Advocacy Limited, a Limited Company which is regulated by the Bar Standards Boards (entity number 190758), ceases trading on the 12th January 2026.
From the 12th January 2026 and onwards, Alec Hancock will practice as a Barrister at Magdalen Chambers in Exeter. For instructions on matters on or after 12th January 2026, please contact Magdalen Chambers via clerks@magdalenchambers.co.uk or by telephone on 01392 285 200.
One thought on “Solicitor’s agent – why the meaning has changed.”