Legal Definitions - right of audience

The right of audience refers to the formal permission granted to an individual to appear and speak on behalf of themselves or another party in a specific court, tribunal, or other legal forum. This right determines who is legally authorized to present arguments, question witnesses, and address the judge or magistrate during legal proceedings.

Here are some examples illustrating the concept of the right of audience:

• Example 1: Legal Professionals in Different Courts

  In England and Wales, a qualified barrister typically holds the right of audience to represent clients in all levels of court, including the High Court and Court of Appeal. However, a solicitor, traditionally, might only have this right in lower courts like the Magistrates' Court or County Court, unless they have obtained specific advocacy qualifications that extend their rights to higher courts.

  This example demonstrates how the right of audience can vary significantly depending on a legal professional's specific qualifications and the type of court. It highlights that not all legal professionals have the same permission to speak in every legal forum.

• Example 2: Self-Representation in Court

  Imagine a person involved in a minor dispute over a faulty product who decides to represent themselves in a small claims court. They choose not to hire a lawyer and instead prepare to present their own arguments.

  In this situation, the individual has the right of audience to present their own case directly to the judge, question witnesses, and make arguments without needing to hire a lawyer. This illustrates that the right can be held by a party to a case, not exclusively by a legal professional.

• Example 3: Non-Lawyer Representation in Specialized Tribunals

  An accredited representative from a charity specializing in welfare benefits advises and represents a client at a Social Security Tribunal hearing. The client is appealing a decision regarding their benefits, and the representative speaks on their behalf, presenting evidence and arguments.

  Even though this representative is not a qualified lawyer, they possess a specific right of audience granted by the tribunal's rules to speak on behalf of their client in that particular specialized forum. This shows that the right can be granted to non-lawyers in specific, often administrative, legal settings where specialized knowledge is paramount.