Direct Access

If you are a member of the public and would like one of our advocates to act on your behalf, you will require to contact a solicitor who can instruct counsel on your behalf. If you do not have a solicitor, contact the Law Society of Scotland for advice. If your dispute relates to construction litigation you could also instruct counsel via the Association of Commercial Attorneys.

If your dispute is likely to require litigation being raised in a Scottish Court, you will require to instruct counsel via a solicitor, or a member of the Association of Commercial Attorneys if it is a construction dispute, as the Faculty of Advocates Direct Access rules do not extend to court work.

If you are looking to instruct Scottish Counsel you can do so directly. The only situation that you would require to engage a Scottish firm is if the matter is being raised in a Scottish Court, or for practical reasons.

An advocate may only appear in a Scottish court on the instruction of a person who has the right to conduct litigation in that court. The question of who has the right to conduct litigation in a Scottish court is regulated by law, not by the Faculty of Advocates’ rules.

The relevant rules are premised on the court’s requirement that there is a regulated professional who is responsible to the court for the conduct of the litigation. At present only Scottish solicitors and members of the Association of Commercial Attorneys have a right to conduct litigation in Scottish courts although the legislation provides for other bodies to be authorised.

The right to conduct litigation is different from a right of audience. Advocates have full rights of audience but not the right to conduct litigation.

The direct access rules of the Faculty of Advocates cannot over-ride the general law. Direct access only applies to non-court work.

Tribunals and Inquiries are different because the right to conduct proceedings before them is not so restricted.