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WHY USE US?

Advocacy is the name given to the process of lawyers orally arguing cases in court, or in tribunals or meetings, or whatever it may be. An advocate may be a solicitor or a barrister, although the difference between the two is getting smaller all the time.

The legal profession has very clear rules about the responsibility of advocates. In essence, an advocate is responsible for how a case is conducted. He has to make all the decisions about what evidence to call, what to say, how to respond to points made by the other side and so on. In the normal course of events, it is anticipated that this will be in any event in accordance with what the advocate's client wants. However, if there is ever any difference between what the advocate thinks is right and what the client wants then the advocate has a duty to override the client.

This is because although advocates have a duty to their client, and it's a very important one, nevertheless their overriding duty is to the court system of which they are a part. Therefore in this very important sense an advocate can never be, as it were, a hired gun, and clients always have to accept that their advocate is there to argue the case or not, in whatever way the advocate sees best, even if that upsets the client.

The advocate does not have to be the same person that has been advising the client outside the court room throughout the case. Sometimes they are, but very often they are not, because advocacy can be a specialised skill all in itself.

The client should have a choice of advocate and it's very important that the client has confidence in their chosen advocate.

Most advocates very often do not meet the client at all until they turn up at court ready for the hearing, but it's not unusual for clients to want to meet their advocates before the big day, and that can be arranged too.

There are restrictions on advocates talking to witnesses before they give their evidence. These restrictions are designed to ensure that there is no excessive preparation of witnesses. In other words, that they just turn up and give the evidence correctly, not say what they might have been told to say. These rules are however tending to be reduced more and more as times goes on.