Higher Rights of Audience

[myhome]

The fellow climbing solicitor had "Higher Rights of Audience." What does this mean please??? In layman's terms!!!!!!

[whatsgoingon?]

This means he can represent his client in court as well as doing the ground-work. It also means he doesn't have to share the fee with anyone else. This can lead to a conflictual situation as if you have a solicitor and a barrister, the solicitor prepares the case for the barrister which is a much better situation. Also, if you have a solicitor and barrister, you know the barrister is (or should be) skilled at appearing in court. Some great solicitors such as Gerry McDonald have Higher Rights but prefer to use a barrister.
I posed this same question (I started a thread which I think is entitled - solicitor with higher rights or solicitor and barrister? I'm very pleased my son changed to the latter.

[myhome]

Hi whatsgoingon - thank you for this. My original sol also has Higher Rights and I wouldn't trust him to take the skin off a rice pudding correctly!!!!

[whatsgoingon?]

Have you managed to change?

[myhome]

I haven't actually instructed anyone yet as I've still not been arrested or charged. The original sol is in the town near where I live. The reason I don't have much trust in him is that he said during an emotional break in my interrogation, that the more he heard the more ridiculous it was becoming and he couldn't see it going anywhere. Outside afterwards he said that some of the allegations (there are about 12) are credible and that he thought it would go to a trial. In 2 separate phone conversations subsequently he said the same. I then sent him an e mail saying that as he'd said he thought this would go to a trial, I'd like to start preparing myself and then asked him some questions. His e mail reply to me started by saying that he'd never given an indication one way or the other, and that on balance he felt it wouldn't!!!! Also, any trial would be 300 miles away and he said it would be "financial madness" for him to attend though if I wanted him to on a private basis, we could "sit down and haggle out a fee!!!"
Finding out that fellow climber is a criminal defence lawyer came about in conversation about driving licences!!!

[whatsgoingon?]

That's interesting.... my son's 1st sol told us it probably wouldn't go anywhere. The solicitor we changed to said that there would have been a 2% chance
of our son not being charged as he was arrested along with another guy who faced much more serious charges.
He changed solicitor quite late on and a request to defer was refused by the judge on the grounds that my son had had plenty of time to prepare as he included the bail period when making his decision (he was bailed for 6-7 months before being charged). So, if you haven't done so already (sorry I haven't read all your posts), I would definately have someone lined up just in case.
All the very best

[myhome]

Thanks WGO - I haven't been arrested or charged yet. As the trial would be 300 miles away, and the sol who came to the police statin with me has said he wouldn't go, I will have to get one from that area....really hoping to find a specialist as this so historical (23years) and quite complicated....thanks for your advice