On Monday prospective civil CILEX Advocates finished their Evidence and Ethics exam. Last Friday they did their practical assessment (summary Judgment submission, cross examination and closing submission) after a four day intensive course. Three years ago in January and was in the same position and by March 2021 I had my practicing certificate and I was undertaking open Court advocacy.
I was speaking to one candidate today about her experience of the course and it made me think about how once I had qualified I didn’t have the advantage that pupil Barristers would have (who would learn various things from their pupil supervisor and chamber colleagues). This blog post is to give those soon to be civil CILEX Advocates some tips.
Buy some Civil Advocacy Textbooks
There are some fantastic textbooks which I found helpful, including the little things such as where to sit in the courtroom and what to do if the Judge refuses ‘to hear you’ (and if you don’t know what this means, this proves my point) which other advocates take for granted but as a novice advocate, you won’t know.
These book I would definitely recommend:-
- Civil Advocacy – A practical guide by Charles Forster
- 365 Daily Advocacy Tips by Leslie Cuthbert
- The Devil’s Advocate by Iain Morley KC
You will learn more being in Court, but it helps to have a foundation which you can reconcile with your real life experiences.
Get involved with an advocacy agency
Baptism by fire, thrown into the deep end, whatever you call it – it’s the best way to get experience. Thanks to Quest Legal Advocates I was able to get fantastic Court Exposure. Whilst many advocacy providers offer qualified advocacy work, I recommend Quest who amongst other civil work, get a lot of personal injury work.
As they offer work on a self employed basis, you can take as much or little work as you want. Therefore, if you are in an employed role, you could look to agree some flexibility to be able to get some Court experience. Contact Quest at recruitment@questlegaladvocates.co.uk.
Buy appropriate Court attire
You might have some clothes that are appropriate for the office but you may wish to buy some suits specifically for use at Court. The Bar Council’s guidance on Court Dress is really helpful:-
“In general, business attire means smart dark office wear. This will usually
mean a black, dark grey or dark blue suit with tie for men, and, for women, a
similarly coloured jacket and either skirt or trousers but this is not prescriptive.
Counsel may wear clothing as appropriate to their chosen gender or any gender“
Of course a majority of hearings will be in business attire. However, there are some exceptions. For example, you might be before a Recorder or Circuit Judge. Whilst it is not common for such a Judge to robe in a Fast Track trial, they can. Further you may end up appearing for a client in a hearing where it is compulsory to robe, such as a contempt application or a County Court Appeal.
Get the appropriate ‘robed’ attire
As per Practice Direction (Court Dress) (No. 3) [1998] CILEX Advocates (or ILEX Advocates as they were known then) were authorised to wear Court Dress when appearing in open court in circumstances in which counsel or Solicitors appearing as advocates wore Court dress. As per Practice Direction (Court Dress) (No 4) [2008] directs that in the County Court where a Junior Counsel/KC would robe, a Solicitor or any other advocate authorised under the Courts and Legal Services Act 1990 Legal Services Act 2007 wear a black Solicitor’s gown with bands; they may wear short wigs.
So as a qualified advocate, should you need to be robed you will need the following:-
- a Solicitor’s gown (not a Barrister’s gown… there is a difference that common court users will notice)
- Bands
Usually male advocates will wear a winged collar shirt and female advocates will wear a collarette. However, I’ve seen many female advocates wear a winged collar. There is no statutory requirement to choose one or the other. Those who wish to use attire specifically designed for females should use Ivy and Normanton who are the leading retailer of female court attire.
Male advocates can buy a shirt with a detachable collar so you can wear a tie to Court and change to a wing collar if you need to. This YouTube video is fantastic in teaching you how to use a detachable collar. Also, worth paying around with the collar studs and bands so you know how to use them.
I bought my solicitor gown off eBay second hand. There are many robe makers online and in London with a range of different materials. However, given civil advocates are rarely robed, just bear in mind that your robe may sit on a hanger. I’ve managed to avoid having to robe in Court (mostly because the times I definitely would have were conducted remotely by video).
Also, whilst you could get one if you wanted, it is not compulsory for non-barrister advocates to wear a court wig. I’ve saved £500+ by not buying a wig and until 2008 Solicitors weren’t allow to wear wigs… even in the Crown Court.
Know what your rights of audience are and how it is justified
One of the most important things a non-barrister/solicitor advocate should have within their arsenal is the ability to explain to the Court why they have the appropriate rights of audience to be heard.
I always carry a copy of my practicing certificate which confirms that I am authorised to exercise a right of audience in civil proceedings:-
Schedule 4 Legal Services Act 2007 confirms that CILEX are an Approved Regulator of rights of audience (they are also of the right to conduct litigation but the act was never updated to confirm this).
Get a Court ID
Getting a Court ID was fantastic for me, especially when I am staying overnight. I don’t have to have the Court Staff go through my bag and pull out my clothes from the day before.
As a CILEX Advocate you will be eligible to obtain a Court ID and I used the London Criminal Courts Solicitors’ Association for my ID. Don’t worry, it’s suitable for CILEX Advocates and for those have a civil certificate.
Talk to other Advocates
I have learnt so much just from talking to other advocates, whether they be experienced barristers, other CILEX Advocates, Solicitors or county court advocates. Everyone has something knowledgable to contribute.
You will hear something from one person which is different compared with what another says. That’s fine and good to have because you will get a vacation of perspective which can help to develop your own knowledge base and style of advocacy.
Go and observe Court advocacy
There is nothing better than watching advocacy being conducted by others. Whilst being in the deep end will allow you to observe your opponent’s advocacy but as you are concentrating one what you are doing, you don’t get the same opportunity as if you were an observer. It is no doubt one of the many benefits that pupillage offers.
If your firm has some cases listed to be heard, ask your employer if you can go and observe the hearing. Go onto CourtServe and see if there are any cases near you that you can go and watch. Most hearings will be available to the public, subject to the Judge’s discretion to make it private. Talk to the ushers and see if you can sit in the public gallery to watch.
You can watch various appeal hearings online. The Court of Appeal stream hearings and the recordings are kept on YouTube. The Supreme Court also do the same, but the recordings are kept on their own website. Nine St John Street Chambers did a mock Fast Track Trial at the start of COVID to show how a remote trial would take place and that is a great example of trial advocacy by practicing barristers.
If you are going to walk to Court, get some decent shoes
I was walking from train stations to Court and my heels became utterly blistered. I then decided to wear trainers to Court and change. However this meant carrying a bigger bag. Instead I bought ‘sketchers’ smart shoes and my goodness, the difference is amazing. They are comfortable and yet look professional. Will Gok Wan possibly cringe at the faux pas? possibly but seriously, comfort over appearance.
Naturally I do not have experience of high heels etc but I can imagine walking in heels will be a killer for your feet.
If you can, travel by train
Using a train to get to Court give you the opportunity to do further prep, relax and will not be exhausted from driving.
However, there will courts and occasions where driving is needed. Take plenty of breaks. It is not worth rushing home by driving long hours and risk loosing concentration.
Also, make sure you give yourself plenty of opportunity.
Do not read into any negativity about CILEX online
Not once have I had an opponent or member of the Judiciary say anything negative to me. In fact, many opponents/Judges until asked assume I am a Barrister. That’s because the majority at large do not take issue with CILEX and even after finding out that I am CILEX, do not treat me any differently.
The vocal distain for CILEX online is likely to be very small. Don’t worry.
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.