Instructing a solicitor advocate instead of an advocate

We cannot sanction the general use of a solicitor advocate for a case in the sheriff court given the terms of regulation 2 of the Civil Legal Aid (Scotland)(Fees) Regulations 1989.

However, we may consider requests for sanction to cover the use of a solicitor advocate in cases where there is:

  • unusual work
  • unusually large expenditure.

The advocate’s involvement would be restricted to using their specialist skills for the specialised pleading aspects of a case.  If we sanction them on this basis the solicitor advocate can only however be paid as a solicitor of the 1989 Regulations.

Where we have approved the employment of counsel or where counsel may be employed without such approval, you may without reference to us, employ a solicitor advocate or an advocate.  Any request to us should be for the employment of counsel rather than a solicitor advocate.

The onus is on you and the instructed solicitor advocate to:

  • establish that work is actually and reasonably done
  • avoid any unnecessary duplication
  • allocate responsibilities and relevant heads of work properly
  • ensure the case is conducted with due regard to economy.
Approval for two or more junior counsel, or for senior counsel acting alone or with junior counsel, in children’s court proceedings
What work will approval for counsel cover in 2011 Act court proceedings?

In this section

Procedures after legal aid is granted

What work requires prior approval from us for 2011 Act proceedings?

Find out what work needs our prior approval

Procedures after legal aid is granted

General guidance on approval for counsel

Find guidance on approval for counsel, including when using counsel is appropriate.

Procedures after legal aid is granted

Applying for approval for counsel in children's proceedings

Find out what information to provide when applying for approval for counsel in children's proceedings and what documentation to lodge with your application.

Procedures after legal aid is granted

Factors that may justify the employment of junior counsel

Find out what factors and considerations we will take into account when deciding whether to grant sanction for counsel.

Procedures after legal aid is granted

Approval for two or more junior counsel, or for senior counsel acting alone or with junior counsel, in children’s court proceedings

Find out what factors we will consider in deciding whether to grant approval for combinations of junior and senior counsel

Procedures after legal aid is granted

What work will approval for counsel cover in 2011 Act court proceedings?

Find out what work will be covered if approval is granted to instruct counsel for proofs, appeals, opinions and other hearings.

Procedures after legal aid is granted

When you need approval to employ an expert

Find out when you need approval to employ an expert including the difference between an expert witness and a witness as to fact.

Procedures after legal aid is granted

Applying for approval to employ an expert

Find out how and when to apply for approval including what supporting documentation to lodge and seeking leave from the court to lead expert evidence.

Procedures after legal aid is granted

Selecting an appropriate expert

Find out about how to identify a suitably qualified expert.

Procedures after legal aid is granted

Prior approval required for experts and limitations on their costs

Find out about what level of costs to apply for and what financial limitations we might impose on the amount of sanction granted for an expert witness.

Procedures after legal aid is granted

Approval for unusual expenditure or work likely to involve unusually large expenditure

Find out what is considered to be unusual expenditure or work likely to involve unusually large expenditure and how to apply for approval for such work.

Procedures after legal aid is granted

What information should be provided in support of an application for approval for unusual expenditure or work likely to involve unusually large expenditure?

Find out what documents/information should be provided when applying for approval for unusual expenditure or work likely to involve unusually large expenditure.

Procedures after legal aid is granted

Approval for unusual work or work likely to incur unusually large expenditure – special measures for child witnesses and vulnerable adult witnesses

Find out whether you need prior approval to use special measures to assist child and vulnerable adult witnesses.

Procedures after legal aid is granted

Taking precognitions in children’s hearings proof proceedings and disclosure of evidence by the Reporter

Learn about what information Reporters will disclose in proof proceedings, when sanction is needed before taking precognitions and joint or shared precognitions

Procedures after legal aid is granted

Reconsideration of approval application refusals or approval part grants

Find out whether you can ask us to reconsider an approval application which has been refused or only granted in part.

Procedures after legal aid is granted

Changes of nominated solicitor and withdrawing from acting

Find out what to do if you want to stop acting for a client or take over acting for a client from another solicitor.