Advocate

Also known as:

Lawyer - Scotland
Counsel - Advocate

Introduction

The legal system in Scotland is divided into two branches - advocates and solicitors.

Advocates are experts in the art of advocacy, which means presenting a case in court, or at a tribunal or public enquiry. They also give specialist advice to clients on every aspect of the law.

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Work Activities

Advocates receive a set of information and instructions (a brief) from a solicitor - they are not approached directly by the client.

Advocates are often asked for their opinion on complex points of law. Having been asked a particular question, advocates either answer using their existing knowledge, or will research past cases and then come back with their opinion. This opinion may be given in writing, or during a consultation session.

The solicitor may then ask the advocate if the case is likely to succeed in court. The advocate will consider this question, using their knowledge of past decisions. If the advocate thinks that the case is unlikely to succeed, they will advise against taking the case to court. If the case does go to court, the advocate will spend a large amount of time in preparation. In civil law cases, the advocate will prepare written pleadings, which are vital to the client's case.

Preparing for a case involves thorough research to become familiar with all the facts. Advocates will read through reports and statements. If necessary, the advocate may meet with the client (usually in the presence of the solicitor) to clear up any particular questions or to obtain any additional information.

Advocates have the right to appear in all the Scottish courts, including the Supreme Court - the Court of Session and the High Court of Justiciary, as well as before the House of Lords, European Court of Human Rights and the Court of Justice of the European Communities.

During court proceedings, advocates present all the relevant facts to the judge and jury, cross-examine witnesses and then provide a summing up, to argue why the court should decide the case in their client's favour.

Early on in their career, it is unusual for advocates to specialise in only one or two areas of the law. Instead, advocates will be able to advise on a very wide range of subjects and to present many different kinds of cases in court. As their careers progress, advocates may build up expertise in a particular area, for example, taxation, company mergers, shipping or European Union law. However, because of their early experience, advocates remain able to deal with all types of cases that they are asked to handle.

The amount of time advocates spend in court depends on the particular type of case they are asked to deal with, or go on to specialise in. For example, work involving trusts may mean giving written advice and spending little time in court, while work involving personal injury, litigation or crime involves longer periods in court.

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Personal Qualities and Skills

You must be quick thinking, to understand the facts, carefully weigh up arguments and arrive at decisions, often at short notice. You must be able to understand complex legal documents and pay extremely close attention to detail.

You must be able to express yourself clearly, both orally and in writing. In court, you will need to be convincing and persuasive, and have the confidence to cross-examine witnesses.

You must have honesty and integrity, and the capacity for hard work and long hours. You must also be resilient and able to handle stress.

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Pay and Opportunities

Advocates' earnings vary widely depending on the type of legal work undertaken and the length of time they have been established.

The pay rates given below are approximate.

Advocates earn in the range of £35,000 - £60,000 a year, rising to around £100,000. At the highest levels, equity partners in a practice can earn around £100,000 to £400,000 a year.

Advocates rely on solicitors to contact them with legal cases. Therefore, their working hours vary depending on their workload.

There are about 460 practising advocates in Scotland. Those who work for the Procurator Fiscal Service prepare criminal cases and the prosecution of criminal cases in Scotland's Sheriff and District Courts.

Advocates may also work for the legal section of a government department. There are also opportunities in industry, commerce and higher education.

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Adult Opportunities

It is illegal for any organisation to set age limits for entry to employment, education or training, unless they can show there is a real need to have these limits.

Scottish solicitors (of at least three years' standing) who wish to become advocates are exempt from the Diploma in Legal Practice.

The Faculty of Advocates offers scholarships for intrants during pupillage.

• 64% of advocates are self-employed.

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