Advocates permit wider direct access
31 Oct 06
Faculty allows members to accept instructions from extended range of outside bodies
The Faculty of Advocates has revised its code of conduct to permit far wider direct access for the purposes of instructing members of the bar.
A unanimous meeting on Saturday 27 October agreed that with immediate effect, an advocate may accept instructions from any person or body listed in any of four categories: legal professionals, other professionals, public authorities, and other persons and bodies, without going through a Scottish solicitor.
Those able to give instructions now include solicitors from elsewhere in the UK, registered European lawyers, Scottish qualified conveyancing and executry practitioners, and persons qualified to practise law and actually practising in another jurisdiction. Other professionals are those recognised by Faculty (a wide range of professional and armed services bodies), parliamentary agents, and immigration practitioners. Any body subject to the Scottish Public Services Ombudsman or the Freedom of Information legislation is eligible, as is any public authority under EU law and any person acting in a governmental, judicial or legislative capacity.
“Other persons” includes those on the Financial Services Authority register, recognised charities and voluntary organisations, PLCs and community interest companies, trade unions and incorporated trade associations, the Medical and Dental Defence Unions, and others recognised by Faculty.
Advocates may not however accept instructions from bodies from whom they receive other remuneration, or to handle clients’ money, or to do preparatory work which would normally be carried out by an instructing solicitor, apart from appropriate meetings with the client. They must be satisfied of the competence of the client to give instructions and their understanding of the terms of engagement. If not so satisfied they should refuse to act except through a Scottish solicitor.
The “cab rank” rule will not apply in direct access cases.