The term ‘representation’ is concerned with more than just advocacy at a hearing. A lawyer can be said to represent their client when they engage in a wide range of activities connected with litigation, not just advocacy.
Barristers’ conduct rules describe the work of a barrister in the following way:
‘Barristers’ work consists of:
- appearing as an advocate;
- preparing to appear as an advocate;
- negotiating for a client with an opponent to compromise a case;
- representing a client in a mediation or arbitration or other method of alternative dispute resolution;
- giving legal advice;
- preparing or advising on documents to be used by a client or by others in relation to the client’s case or other affairs;
- carrying out work properly incidental to the kinds of work referred to in (a)‐(f); and
- such other work as is from time to time commonly carried out by barristers.’
This work is no different with respect to a solicitor.
Outside of the context of legal representation, a paid agent involved in proceedings before the Commission will typically engage in non-legal equivalents of most of the above categories of work and would be regarded as ‘representing’ their client in doing so.