ASSOCIATION OF QUALIFIED LEGAL REPRESENTATIVES
Practice Guidance Note No. 3 of 2026
“Managing Court Appointments and Professional Responsibilities”
Introduction
The role of a Court Appointed Qualified Legal Representative (“QLR”) carries significant professional responsibility. Qualified Legal Representatives perform an important statutory function in assisting the Family Court to hear evidence fairly in cases where direct cross-examination is prohibited. The effective discharge of that role depends upon the confidence of the judiciary, court users and the wider legal profession in the professionalism, integrity and reliability of those appointed.
The purpose of this Guidance Note is to promote good professional practice, encourage consistency in the discharge of court appointments and assist members in managing professional risk where unexpected difficulties arise.
This Guidance Note does not constitute legal advice. It should be read alongside the applicable legislation, the Family Procedure Rules, relevant Practice Directions, appointment orders and the requirements of members’ professional regulators and insurers.
Professional Responsibility
Appointment as a Qualified Legal Representative is a personal appointment made by the Court. Members should approach every appointment with the same standards of preparation, diligence and professionalism expected of any advocate appearing before the Court.
Members should remember that their primary duty is to assist the Court in the proper administration of justice while fulfilling their professional obligations to the highest standards.
Accepting Appointments
Before accepting an appointment, members should satisfy themselves that they are able to undertake the work and comply with the timetable set by the Court.
Although unforeseen events can arise, members should exercise careful professional judgement before accepting appointments where there is a realistic possibility of conflicting professional commitments. Particular care should be taken where hearings are listed over consecutive days or where existing commitments may reasonably be expected to overrun.
Communication with the Court
Prompt and transparent communication with the Court is essential whenever circumstances arise that may affect attendance or compliance with an appointment.
Members should notify the Court immediately upon becoming aware of any difficulty and, wherever practicable, confirm all significant communications in writing. Where appropriate, members should request that the communication is placed before the judge dealing with the matter.
Members should not assume that information communicated to court staff or the court office will necessarily be communicated to the judge. Where important information is conveyed orally, it is good practice to follow this with written confirmation.
Where circumstances continue to evolve, the Court should be kept informed so that appropriate case management decisions can be taken.
Conflicting Court Commitments
Court practitioners occasionally encounter circumstances that could not reasonably have been anticipated, including hearings becoming part-heard, unexpected listing changes, transport disruption or medical emergencies.
Where conflicting court commitments arise, members should notify all affected courts immediately and consider whether formal directions or further orders should be sought.
Where appropriate, reasonable efforts should be made to secure suitable replacement representation. Members should retain records of all communications and the steps taken to minimise disruption to the Court and the parties.
Record Keeping
Good record keeping is an essential aspect of professional practice.
Members should preserve contemporaneous records of significant events, including appointment orders, emails, correspondence, telephone records, travel documentation, diary entries and any other material relevant to the discharge of their appointment.
Contemporaneous documents frequently provide the most reliable account of events and may prove invaluable should questions subsequently arise concerning the chronology of events or the decisions taken.
Preparing a Chronology
Where an unexpected event has affected the conduct of an appointment, members should prepare a detailed chronology whilst events remain fresh.
The chronology should identify significant events in chronological order, explain the decisions taken at each stage and identify the documents supporting those decisions.
A clear chronology not only assists recollection but also promotes accurate and objective consideration of events.
Wasted Costs Jurisdiction
Members should appreciate that the Court has jurisdiction, in appropriate circumstances, to consider whether the statutory requirements for a wasted costs order have been satisfied.
Whether such jurisdiction is engaged will always depend upon the particular facts of the individual case and the applicable legal principles.
Members should distinguish between acknowledging inconvenience caused to the Court or parties and the separate legal question of whether the statutory test for a wasted costs order has been established.
Professional Indemnity Insurance
Members should not assume that professional indemnity insurance automatically provides cover for every liability arising from court appointments.
There is an important distinction between professional negligence claims and personal costs sanctions. A wasted costs order is a personal order made against a legal representative and is not, of itself, a professional negligence claim.
Solicitors should be aware that compulsory professional indemnity insurance required under the Solicitors Regulation Authority Minimum Terms and Conditions is principally intended to indemnify against civil liability arising from professional negligence claims. Whether personal costs orders are covered will depend upon the wording of the individual policy and any additional extensions purchased.
Barristers insured through the Bar Mutual Indemnity Fund may benefit from cover for wasted costs orders, subject to the terms and conditions of the relevant scheme.
Members should therefore review their insurance arrangements carefully, ensure that their work as a Qualified Legal Representative has been disclosed where required, and comply promptly with any notification obligations where circumstances arise that may reasonably give rise to proceedings or claims.
Independent Professional Guidance
Where unusual professional or ethical issues arise, members should consider obtaining independent guidance from their regulator or representative body at an early stage.
Where appropriate, independent legal advice should also be considered.
The Role of AQLR
The Association of Qualified Legal Representatives exists to support members in the discharge of their statutory responsibilities, promote excellence in advocacy and professional conduct, encourage the sharing of good practice and contribute constructively to the continuing development of the Qualified Legal Representative scheme.
The Association seeks to engage positively with the judiciary, government, regulators and other stakeholders on matters affecting Qualified Legal Representatives and the administration of justice. It provides professional guidance, educational resources and opportunities for collaboration and professional development.
The Association does not ordinarily conduct litigation on behalf of members or provide legal representation in individual matters. Responsibility for individual proceedings remains with the practitioner concerned.
Conclusion
Court Appointed Qualified Legal Representatives perform an essential public function within the Family Court. The confidence placed in the profession depends not only upon legal competence but also upon professionalism, integrity, preparedness, effective communication and punctuality.
Members should recognise that the Court is entitled to expect that appointed advocates will attend on time and fully prepared. Whilst unforeseen circumstances may occasionally arise, persistent lateness or accepting commitments that cannot realistically be honoured risks disrupting proceedings, inconveniencing vulnerable parties and witnesses, wasting valuable court time and undermining confidence in the QLR scheme.
Before accepting appointments, members should therefore give careful consideration to existing commitments, travel times, the possibility that hearings may overrun and the practicalities of attending different courts on the same day. Where difficulties do arise despite careful planning, prompt communication with the Court, careful record-keeping and early engagement with the issues remain essential.
By maintaining high professional standards, exercising sound professional judgment and recognising that punctual attendance is a fundamental aspect of professional practice, members contribute not only to their own reputation but also to the continued confidence of the judiciary, court users and the public in the Qualified Legal Representative scheme.
