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GAZETTE
L A W B R I E F
OCTOBER 1994
In ; i i i
A
by Dr Eamonn Hall
Rights of Audience
Solicitors have rights of audience in all
courts in Ireland since 1971. Some
have exercised their rights pleading
their cases in the Circuit, High and
Supreme Courts without a barrister.
Most solicitors have chosen not to
exercise such rights at least in the High
and Supreme courts. But if they
exercise such rights of audience,
should they be dressed any differently
from other professional advocates - the
barristers?
Solicitors' Robes
The office of attorney in these islands
originated in the thirteenth century, and
in mediaeval times attorneys wore long
gowns like other members of the Inns
of Court and Chancery. In Tudor times
they adopted the open black gown.
Some attorneys, by virtue of rank
within the Inns of Chancery, wore
black laced gowns, at least within their
inns. But the gown which became
established for court wear was of plain
black stuff, with a flat collar like that
of King's Counsel. By Victorian times,
the gown had become disused,
although there was a partial revival in
the 1840s, firstly to facilitate access to
busy law courts, and secondly to
reflect the status of attorneys as
advocates, especially in the new
County Courts.
Since c. 1875, when attorneys were
abolished, solicitors have been the sole
representatives of this branch of the
profession. Solicitors wore the same
gowns as attorneys but by the end of
Victorian times they wore them only
when appearing as advocates, and still
not universally. In 1902 a stir was
caused when a County Court judge at
Brentford in England required solicitor
Court dress for solicitors
advocates there to wear robes. The
Law Society sounded professional
opinion and then, rejecting minority
representations from Liverpool
and Sussex, ruled that it was
"desirable" for solicitor advocates to
robe in court.
Wigs
Until the seventeenth century lawyers
wore natural hair, and professional
discipline required that hair and beards
be moderately short. Indeed, in 1632
the Court of Star Chamber announced
that "if a barrister came with long hair
he should not be heard." Nevertheless,
the introduction of wigs into polite
society in the reign of Charles II was
an innovation which could not be
resisted.
Wigs and Solicitors
Attorneys and solicitors stopped
wearing wigs when they went out of
fashion in the eighteenth century. (At
the lowest end of the profession some
may never have worn them.) Since
1846, when they were given rights of
audience in the newly established
County Courts of the United Kingdom,
there have been recurring public
debates as to whether wigs should be
worn by all advocates in those courts.
However, no agreement on the subject
was reached, and therefore solicitor
advocates do not wear wigs.
The Lord Chancellor,
Lord Mackay
of
Clashfern, has invited comments on
whether solicitors in England and
Wales should be allowed to wear wigs
in court. This follows a Practice
Direction which was handed down on
July 19, 1994 by the Lord Chief Justice,
Lord Taylor
of Gosforth, on behalf of
the Lord Chancellor. The Direction
stated that, despite recent extensions to
solicitors' rights of audience, there was
no change to the rule on the dress to be
worn in court. In particular, this means
that while Queen's Counsel and junior
counsel wear a short wig in court,
solicitors do not. The current dress
requirements for solicitor advocates in
England and Wales is a black stuffed
gown with bands but no wig.
The Direction was issued because of
the need for consistency in court dress
worn by solicitors. However, the Lord
Chancellor made it clear that he would
consult further before arriving at a
long-term decision. He has written to a
number of interested parties to seek
their views.
Have solicitors in Ireland any views
about court dress for solicitor advocates?
Salaries of the Judiciary and
Senior Law Officers
The Government announced on August
30, 1994 that it decided to implement
the decisions of
Report No. 35 of the
Review Body on Higher Remuneration
in the Public Sector,
chaired by Mr
Dermot Gleeson,
SC, which was
Court Dress for Solicitors
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