"Mixed doubles" rule abolished
18 Sep 08
Advocates and solicitor advocates can appear together from next week
The "mixed doubles" rule, which prohibits members of the Faculty of Advocates from appearing in court with a solicitor advocate representing the same party, has been abolished.
Dean of Faculty Richard Keen QC has decided to revoke the rule following dialogue with the Scottish Government and the Office of Fair Trading, and extensive discussions with Faculty office bearers and the Faculty Council.
He has issued a new ruling, effective from 23 September, that: “From that day forward a member of the Faculty of Advocates may appear in any court, whether in a criminal or civil cause, with a solicitor who has a right of audience in the court.”
The current rule has been in place since 1993, when solicitor advocates were first granted rights of audience in the higher courts. It has always been a cause of friction between the two branches of the profession.
Increased choice
Mr Keen said: “We were asked by the Justice Secretary to bring forward constructive and practical ideas for reform and it is against that background that the mixed doubles rule is being revoked.
“I believe it will increase freedom of choice and that is important for the consumer of legal services.”
Two of the Faculty's stables have already welcomed the news.
Simon Di Rollo QC, stable director of Ampersand, said: “Ampersand welcomes the abolition of the mixed doubles rule, which we regarded as both anomalous and unworkable.
“Our ethos is collaboration. That means forming a team so as to provide the most effective representation for any given case. It must be recognised that senior and junior counsel perform different functions. Where more than one representative is engaged a client is entitled to expect each to add real value to the team. We have no doubt that our stable working with our instructing solicitors will ensure that this continues to be the case.”
Compass Chambers also said it was delighted the rule had been abolished, "as this will give solicitors and clients a greater choice in selecting the team that they wish to instruct". A spokesman said the abolition offered significant opportunities for both branches of the profession to improve the service provided to those requiring access to court.
In addition, the Law Society of Scotland has welcomed the news.
Bruce Ritchie, director of professional practice at the Society, said: "It will offer those who need legal advice more choice in who represents them and help improve access to justice in Scotland."