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Advocate

Regulators
  • Faculty of Advocates
Nations
  • Scotland
Sectors
  • Law

Regulatory or professional bodies

Primary regulator

Regulatory authority
Faculty of Advocates
Address

Advocates Library, Parliament House
Edinburgh
EH1 1RF

Phone number
+44 (0)1312 265 071

Regulation

Regulation summary

The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as Advocates before the Courts of Scotland. Advocates have rights of audience in all courts in Scotland, including the supreme courts. Advocates offer specialist legal representation and advice to clients of solicitors and members of certain other professional bodies.

Regulation type

Licence

Reserved activities

Rights of audience in the UK Supreme Court, the Court of Session (Scotland) and the High Court of Justiciary (Scotland). These activities are reserved to members of the Faculty of Advocates and also to Solicitors with extended rights of audience.


Qualifications and experience

New professionals

Routes to qualification

The criteria for admission as an Advocate are set out in the Faculty’s Regulations as to Intrants, which can be viewed on our website.

The below requirements relate to Scottish Solicitors.

The academic requirements are, in summary:
(i) a degree in Scots law of an appropriate standard;
(ii) passes in examinations in specified legal subjects;
(iii) a Diploma in Legal Practice;
(iv) a pass in the Faculty’s examination in Evidence, Practice and Procedure.

The vocational requirements are, in summary:
(i) a period of training in a solicitor’s office;
(ii) pupillage; and
(iii) successful assessment under the Faculty’s Scheme of Assessment of Devils.

Pupillage (or “devilling”) is a course of training, which includes taught elements, skills training and periods of training with an experienced advocate (a “devilmaster”).

For further information on pupillage, please visit: https://www.advocates.org.uk/about-advocates/becoming-an-advocate/the-training-course.

The Scheme for Assessment involves the testing of both oral advocacy and written advocacy skills.

There is a different pathway to becoming an Advocate for: (i) Barristers qualified in England & Wales or Northern Ireland who have completed a full period of pupillage.

Professionals from other UK nations

Routes to recognition within the UK

The route for Barristers in England & Wales and Northern Ireland are noted below, and further information is available on our website here:

https://www.advocates.org.uk/about-advocates/becoming-an-advocate/information-for-other-lawyers

If you are a barrister in England & Wales, or in Northern Ireland, who has completed a full period of pupillage, the pathway to becoming an Advocate is as follows.

You must matriculate as an Intrant: the Regulations as to Intrants specify the criteria which must be met in order to do this.

You must pass the Aptitude Test, which is a combination of written and oral examinations (full details are to be found in the Regulations).

This may be undertaken at any of the Faculty’s examination diets (which are in February, May and October).

The entire Aptitude Test must be completed at the one sitting, and candidates are restricted to two attempts at passing the Aptitude Test.

If you fail one part of the Aptitude Test, you are allowed one further attempt at passing that particular examination at one of the two following examination diets (and would be exempt from re-taking the examinations already passed).

If you fail more than one part of the Aptitude Test, then you are permitted one further attempt at undertaking the entire Aptitude Test (at one of the following two examination diets).

Although there is no compulsory period of pupillage for candidates in these categories, candidates generally find it useful to undertake an informal period of pupillage and the Faculty will assist in facilitating such an arrangement.

Professionals from outside the UK

Recognition for professionals outside the UK
None - all professionals must re-qualify

Registration

Registration requirements

Entry Money (Payable by all newly called Advocates), Annual Rates payable by all Members of Faculty, Professional Indemnity Insurance, Scottish Legal Complaints Commission (SLCC) annual levy.


Legislation

Title of relevant act or charter

The Legal Services (Scotland) Act 2010

Licence Finder

You may need licences and permits to carry out certain activities in the UK. These are called authorisations. Use the licence finder to find what you need.