NEW DUTY ADVOCATE SCHEME

We thank you for expressing your interest in CALA’s Duty Advocate Scheme. Being part of the scheme means that you will be using your expertise and unique position as specialist solicitors or counsel to assist litigants in person in international proceedings in the High Court. We are delighted that so many of you are willing to assist with this Scheme.

The Duty Advocate Scheme from April 2024 onwards consists of:

1. A rota of Duty Solicitors; and

2. A rota of counsel’s chambers.

In broad terms, CALA runs a Duty Advocate Scheme, aimed at assisting litigants in person in international cases in the High Court. The cases often come in at very short notice, and are usually referrals from opposing counsel or solicitors, judges or the Tipstaff. Through the scheme, a litigant in person is connected with a Duty Advocate, who is a solicitor, accredited by ICACU. The solicitor often assists either at court or following the hearing, or can instruct counsel. The scheme has proved invaluable and has thankfully been very well received from judges and practitioners alike. A lot of the cases involve child abduction; there is also the occasional care case, some Tipstaff/enforcement or committal applications, or complex child arrangement matters. This all takes place in the High Court, and there is no expectation for any solicitor to go on the record or to do advocacy etc – they simply offer as much as they feel comfortable doing.

We must make clear that CALA itself does not instruct the Duty Advocate or any counsel involved; the lay client instructs the solicitor directly, who then instruct counsel. We ask that advice is provided on a pro bono basis to start with.

Solicitors have the option of either undertaking the advocacy themselves or instructing counsel from the counsel’s rota. We understand that there are some fairly complex issues regarding counsel being insured with pro bono work without a solicitor; as such, for the Duty Scheme, we work on the basis that if counsel are involved, they are instructed by the Duty Solicitor in question (and not by CALA). Counsel are asked to consider this and how this accords with their professional obligations and insurance.

What the Scheme entails

The purpose of the Scheme is for solicitors and counsel to provide assistance and advice to litigants in international proceedings, initially on a pro bono basis. We suggest this can include:

1. Providing advice before, during and after hearings;

2. Representing a client at a hearing, including undertaking the advocacy at a hearing at your discretion;

3. Liaising with and instructing counsel if you so decide (who will also appear on a pro bono basis);

4. Assessing the client for legal aid and exploring alternative funding options with them;

5. Signposting the client on for support or other assistance, including with embassies, other legal charities, other sources of advice, and mediators (specifically Reunite).

There is no obligation to go on court record, nor to provide continuous advice to a client. We would hope that firms and counsel will assist where they can, for as long as they feel comfortable. All we ask is that you do what they can to assist clients and the court by advising those who approach the Scheme. It may involve assisting at short notice, perhaps by telephone, or by video call, or indeed in person.

CALA’s Role and who the Scheme is aimed at

CALA will play no role in instruction of solicitors or counsel, or indeed in relation to the provision of any assistance or advice; we act as a pro bono signposting service, connecting litigants in person with specialist solicitors. As such, each firm and chambers are obliged to follow their own professional duties and obligations, including insurance, provision of advice, client care, and complaints handling – as is the case with other Duty Schemes. You may wish to consider the Law Society’s Practice Note, “Court duty scheme for private law family clients” (https://www.lawsociety.org.uk/en/topics/family-and-children/court-duty-scheme-for-private-law-family-clients ). 

CALA cannot vet any advice, but by signing up to this Scheme, you confirm that (1) as a solicitor, your firm holds specialist Resolution accreditation in child abduction or are similarly experienced in this field, or (2) as counsel, you hold the requisite experience to act in international children matters.

Conversely, if you are acting for a party, please do consider referring a litigant in person opponent to our Scheme.

For any further enquiries, please contact CALA on: james.netto@iflg.uk.com