Instructing a solicitor advocate

A solicitor advocate is a solicitor, whether instructed by another solicitor or not, “when and only when he is exercising his right of audience or acting in connection with the exercise of such a right….” [Regulation 2 of the Criminal Legal Aid (Scotland) Regulations 1996].

A solicitor advocate is not “counsel” for the purposes of legal aid payment in courts other than the:

  • UK Supreme Court
  • High Court
  • Sheriff Appeal Court

As a result, in the event that we approve counsel for a case in the sheriff court that sanction can only be for a member of the Faculty of Advocates. A solicitor advocate is a “solicitor” in the lower courts.

Unusual work

We may consider a request for approval for unusual work to cover the use of a second solicitor in a sheriff court case where we are satisfied that the case requires more than one legal representative. If the second solicitor happens to be a solicitor advocate he/she can only be paid as a solicitor.

A solicitor advocate may be employed in place of junior counsel without reference to us for proceedings in the:

  • Sheriff Appeal Court
  • High Court
  • UK Supreme Court

Where we approve the employment of senior counsel and a solicitor advocate is to be instructed, they must be:

  • a solicitor advocate
  • registered as a senior solicitor advocate in terms of the Law Society of Scotland’s accreditation process.

A solicitor advocate who is a KC is a senior counsel in their own right.

Division of duties between you and counsel

In this section

Approval for counsel

Approval for counsel – test, definitions and principles

Read about the legal basis of the tests, when you need to request our approval, definition of counsel in different courts and our approach to applying the test.

Approval for counsel

Circumstances where approval for counsel is required

Find out when you need to make an application for prior approval for the employment of counsel.

Approval for counsel

Circumstances where prior approval for counsel is not required

Find out when you do not need to make an application for prior approval for the employment of counsel.

Approval for counsel

Circumstances where we cannot grant prior approval

Guidance explaining where prior approval cannot be granted

Approval for counsel

Approval of counsel in Sheriff court proceedings

Read about the factors we will consider and the information you need to provide us with to make a decision.

Approval for counsel

Approval of counsel at the Petition stage in High Court proceedings

Read about the situations in which you need approval to employ counsel at the petition stage and the information you need to provide us with to make a decision.

Approval for counsel

Applications for employment of senior counsel, more than one junior counsel and senior counsel acting alone

Read about limitations on the use of counsel depending on the basis of our approval and the extent to which counsel can conduct proceedings when approved by us.

Approval for counsel

Appeal Court cases

Read guidance on the employment of counsel in the Appeal Court

Approval for counsel

UK Supreme Court cases

Read guidance on the employment of counsel in UK Supreme Court cases

Approval for counsel

Retrospective requests for the approval of counsel – the “Special reason” test

Guidance on Retrospective requests for the approval of counsel – the “Special reason” test

Approval for counsel

Division of duties between you and counsel

Guidance on division of duties between you and counsel