Advocate or Solicitor Advocate?

Proceedings in the Court of Session or Supreme Court of the United Kingdom

If you instruct us to raise or defend a court action, and that action is brought before the Court of Session or Supreme Court of the United Kingdom, you must be represented by an Advocate (sometimes called “Counsel”) or Solicitor Advocate.  These individuals are specialists in presenting written and oral arguments before these courts. 

The Decision is yours! The decision on whether to instruct an Advocate or a Solicitor Advocate is entirely yours, although we will discuss with you which working arrangements best suit your case, the costs of same, the different arrangements which can be made, and the advantages and disadvantages, on a case by case basis, taking into account all relevant factors, as appropriate. 

Solicitor Advocates: A Solicitor Advocate is an experienced Solicitor in private practice in the courts and other tribunals, who has satisfied the Council of the Law Society of Scotland about both their professional conduct and reputation and their competency in the practice and procedure of the Supreme Courts.  In order to be admitted as a Solicitor Advocate and granted extended rights of audience in the Supreme Courts, (i.e. equivalent to those of an Advocate), the Solicitor will have undergone a course of specialist training, including being required to pass written examinations and undergo a course of practical training, followed by a practical examination on oral advocacy. 

Direct Instruction of Solicitor Advocates: The significant benefit to you, as a client, of instructing a Solicitor Advocate is that the Solicitor Advocate can be directly instructed by you and will accordingly be extremely familiar with your case and your business.  A Solicitor Advocate is more accessible to you for direct advice and instruction - at times and by means which are most convenient to you (email, by telephone or by personal consultation). 

Advocates: Advocates are members of the Faculty of Advocates and are entirely independent from our Firm and from you (as our client).  If an Advocate is instructed, they will require to be instructed by a Solicitor or other Direct Access Body (e.g. legal or other professionals, public authorities, and a number of other organisations).  Advocates are not permitted to communicate directly with you, as clients, except under such arrangements, nor are they permitted to do administrative work which would normally be carried out by an instructing Solicitor; nor to carry out investigative work which would normally be carried out by an instructing Solicitor, any more than they might do so when instructed by a Solicitor.  If our Firm were instructing an Advocate on your behalf, on most occasions we would also require to instruct an Edinburgh Agent (usually a Firm of Solicitors based in Edinburgh) to deal with procedural matters.