I’m not employed by or supervised by a solicitor


What rights are open to me?

A member in independent practice, i.e. not working under the supervision of a regulated solicitor or authorised litigator, has no automatic rights of audience as you will not have been authorised to conduct litigation.

Some other legal professionals can now acquire rights as litigators, together with advocacy rights if they are linked to their area of specialism. However, the process is not that straightforward. You may be able to undertake litigation independently if permission is sought and granted by the court. An exception to this missive is that in the small claims tracks of the County Court, a litigant may be represented by a lay representative. This is set in The Lay Representatives (Right of Audience) Order 1999. However, even this has limitations. Please refer to the Order for the Limitations.

It is important to note lay representatives who are not employed by an authorised litigator or solicitor must not have conduct of the litigation (see the rights and responsibilities questions on Reserved Legal Activities).