Services - Solicitor Advocate Services
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Introduction - Services Provided - Advocate or Solicitor Advocate ? - Contact Details - Downloads
Introduction:
Our specialist Solicitor Advocate Services are provided by Iain K Clark, who is a Solicitor Advocate (Civil), with extended rights of audience in the Court of Session (the Supreme Civil Court in Scotland) and Supreme Court of the United Kingdom (formerly the House of Lords).
Iain is able to assist those clients (or for that matter, other Solicitors and Firms) who require specialist advice in the Court of Session without necessarily incurring the additional expense of Counsel and Edinburgh Agents.
As a highly motivated and proactive specialist litigator with a wealth of practical experience gained over more than 15 years of conducting all types of Commercial Litigation, in Scotland and internationally, he provides a single direct point of contact service to clients, dealing with both investigatory and preparatory work, and the advocacy in cases, and is meticulous in the preparation and conduct of any litigation.
Services Provided:
The services Iain provides are as follows:
- Written Legal Opinions: including review of papers, and the provision of detailed & reasoned written Legal Opinions, giving consideration to the facts and circumstances of individual cases, applicable case law and statutory legislation
- Notes on Strategy/Line of Evidence: Notes on the practical strategic approach to be adopted for cases, taking account of the particular circumstances of a case, costs considerations, and the stage of the litigation etc; and Notes on the Line of Evidence, advising on the further preparatory work and investigation to be carried out, including evidence to be engathered (in the form of precognitions (or statements), documentary and other physical evidence), the use of Experts, and other professionals to assist (where appropriate) in achieving a satisfactory outcome.
- Review and Drafting of Pleadings and other Court Papers: Review and revisal (including Drafting from the outset, and Adjustment or Amendment) of written pleadings and other court papers (e.g. Notes of Argument and Notes of the Basis of Preliminary Pleas, Specifications of Documents, Joint Minutes of Admissions etc)
- Consultations: Iain provides a completely accessible service for clients, and is directly contactable by clients by direct dial telephone, mobile, email and in personal consultation, and is also ably assisted by his Specialist Paralegal and Solicitor colleagues.
- Appearances in Court (Advocacy): Iain will be happy to conduct any Court Hearings in the Court of Session (Inner or Outer House), including appearances in chambers, on the By Order Roll, Motions Roll, Single Bills, Proofs, Proofs Before Answer, Procedure Roll Hearings, Summar Roll Hearings etc. Where a determined approach is required, Iain will be fearless in defending his clients’ interests, as part of his duties to his clients, the court and other legal professionals.
- Advice Re Settlement/Alternative Dispute Resolution: Iain will always adopt a pragmatic approach to the application of the law in practice, utilising all forms of dispute resolution, including litigation, arbitration, adjudication, and mediation, where appropriate, to secure (wherever possible) a satisfactory resolution of disputes, on an economic basis for clients.
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.
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.
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 (e.g. by email, by telephone or by personal consultation).
Costs – Investigatory and Preparatory Work
In addition, some cost saving overall can be made, e.g. where there are parts of your case (particularly when dealing with investigatory and preparatory work, including the drafting and revisal of written pleadings etc) which can be done without the need to separately instruct a Solicitor from this Firm to work with the Solicitor Advocate. Instead of a Solicitor and Advocate (or Solicitor Advocate) working together on the investigative and preparatory work on the case, the work can, depending on the type of case, be undertaken by the Solicitor Advocate alone or supported by a Paralegal, as appropriate, from this Firm.
Costs – Court Representation (Advocacy)
When it comes to the Advocacy itself (i.e. the actual appearances in Court), whilst it is true that the costs of an Advocate’s appearance compared to that of a Solicitor Advocate are similar, (and sometimes cheaper), many cases do not require a Solicitor from this Firm in the role of instructing Agent, and overall savings can be made (where appropriate) by the use of a Paralegal or Trainee Solicitor from this Firm acting in the role of instructing Agent to a Solicitor Advocate (who is familiar with the full details of your case, as they have been instrumental in its preparation). Although Edinburgh Agents may still be required to deal with certain procedural matters, much of the procedural work can be undertaken by the Solicitor Advocate and this Firm, with further consequent cost saving to you, as clients.
Competitive on Quality and Price
We consider that we are extremely competitive – on both quality (we pride ourselves on the excellent quality of service we provide to clients) and on the price you pay (we believe we offer some of the most competitive charging rates in the marketplace). We are also happy to discuss fixed fee arrangements with you e.g. for Written Opinions, drafting of pleadings or other court documentation, or even for appearances in court, where appropriate. Please feel free to ask us, as we will be happy to give you a quotation, once we know the circumstances of your case.
Please note that nothing on this webpage is a substitute for you seeking and being provided with detailed legal advice in the particular circumstances of your case. Please feel free to contact Iain to discuss your requirements, and he will be happy to assist, as detailed below:
Contact details:
Iain K Clark
Solicitor Advocate
Young & Partners LLP
Business Lawyers
126 West Regent Street
GLASGOW G2 2BH
Scotland, United Kingdom
Legal Post: LP-25, GLASGOW 1
| Telephone: |
+44 (0)141 222 5936 |
(Direct Dial) |
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+44 (0)141 222 5935 |
(Reception) |
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| Fax: |
+44 (0)141 248 6718 |
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| Email: |
ikc@businesslaw.co.uk |
Downloads:
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