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Advocate (Scotland): Job description and activities

Advocates in Scotland perform the same role as barristers in England and Wales and Northern Ireland. The Faculty of Advocates , whose elected members administer the Scottish Bar, has just over 460 practising members.

In essence, an advocate is a self-employed independent lawyer. Most are based in Parliament House in Edinburgh and work as self-employed individuals, depending on solicitors and some other professionals for their income. A small number are employed within industry or local government. Advocates who build up successful practices can apply to 'take silk' (become Queen's Counsel - QC) after about 12 years.

Typical work activities include:

• preparing for cases and liaising with solicitors;
• presenting cases and representing clients in courts, tribunals and public enquiries;
• providing specialist legal representation and advice to solicitors and appropriate professional bodies in written opinions or at consultations.

The process of becoming an advocate is currently under review. At present, after completing an LLB of the requisite standard and the full-time Diploma in Legal Practice, it is necessary to undertake a period of full-time training (usually 21 months) in a solicitor's office approved by the Faculty of Advocates. After you have been formally admitted by the Faculty as an Intrant (trainee advocate) and passed certain examinations, there comes a further 8-9 month period of unpaid practical training ('devilling') with an experienced advocate (a 'devilmaster') and finally a competency assessment, which includes written and oral advocacy skills. Current advice is that you should complete a two-year solicitor's traineeship so that you can qualify and practise for some years as a solicitor before going to the Bar.

For more information see Barrister.

AGCAS

Written by Jonathan Bainbridge, Thames Valley University

Last updated:

January 2009

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