A solicitor advocate is a solicitor, whether instructed by another solicitor or not, “when and only when he is exercising his right of audience or acting in connection with the exercise of such a right….” [Regulation 2 of the Criminal Legal Aid (Scotland) Regulations 1996].
A solicitor advocate is not “counsel” for the purposes of legal aid payment in courts other than the:
As a result, in the event that we approve counsel for a case in the sheriff court that sanction can only be for a member of the Faculty of Advocates. A solicitor advocate is a “solicitor” in the lower courts.
We may consider a request for approval for unusual work to cover the use of a second solicitor in a sheriff court case where we are satisfied that the case requires more than one legal representative. If the second solicitor happens to be a solicitor advocate he/she can only be paid as a solicitor.
A solicitor advocate may be employed in place of junior counsel without reference to us for proceedings in the:
Where we approve the employment of senior counsel and a solicitor advocate is to be instructed, they must be:
A solicitor advocate who is a KC is a senior counsel in their own right.