The Solicitors (Scotland)( Rights Of Audience In The Court Of Session, The House Of Lords And The Judicial Committee Of The Privy Council) Rules 2002
Solicitor Advocate - Effective1st March 2003
The Council of the Law Society of Scotland in exercise of the powers conferred on them by Section 25A(4) of the Solicitors (Scotland) Act 1980, hereby makes the following Rules:
1. CITATION AND COMING INTO EFFECT
(1) These Rules may be cited as the Solicitors (Scotland)(Rights of Audience in the Court of Session, the House of Lords and the Judicial Committee of the Privy Council) Rules 2002.
(2) These Rules shall have effect from 1st March 2003 having been approved by the Lord President and Scottish Ministers, following consultation with the Director General of Fair Trading in accordance with Section 25A of the Solicitors (Scotland) Act 1980.
2. INTERPRETATION
In these Rules, unless the context otherwise requires:
“Council” means the Council of the Law Society of Scotland;
“Court” means the Court of Session, the House of Lords and the Judicial Committee of the Privy Council;
“applicant” means a solicitor who seeks a right of audience in the Court;
“course of training” means a course of training in evidence, procedure and pleadings in relation to proceedings in the Court;
“knowledge” means knowledge of the practice, and procedures of and professional conduct in the Court;
“relevant date” means the date on which the applicant informs the Council that he seeks a right of audience in the Court;
“right of audience” means a right of audience in the Court;
3. COURSE OF TRAINING IN EVIDENCE, PLEADING AND PROCEDURE
(1) The matters to be included in the course of training are those matters specified in Part 1 of the Schedule hereto;
(2) The methods of instruction to be employed in the course of training are those specified in Part 2 of the Schedule hereto;
(3) The persons who conduct the course of training, including the course convener, shall be:-
(a) solicitors or advocates of at least 5 years standing; or
(b) persons who have been employed at a university in Scotland for at least 5 years full-time during the 10 years prior to the coming into force of these Rules;
and who have experience in the matters specified in paragraph (1) of this Rule.
4. DEMONSTRATION OF KNOWLEDGE
(1) An applicant’s knowledge of the practice procedure and professional conduct in the Court shall be demonstrated by evidence that he has:-
(a) passed in not more than two attempts a written examination on such matters set by examiners appointed by the Council within thirty months of the relevant date; or
(b) passed examinations for admission to the Faculty of Advocates which are considered by the Council to be equivalent to the written examination referred to in Rule 4 (1) (a).
(2) The examiners appointed by the Council for the purposes of Rule (4)(1) shall be solicitors with a right of audience in the Court, or advocates, or professors of law in a Scottish University, in each case of at least 10 years standing.
5. REVOCATION
The Admission as a Solicitor with Extended Rights (Scotland) Rules 1992 and Solicitors (Scotland)(Admission with Extended Rights of Audience) Rules 1995 are revoked with effect from 28th February 2003.
SCHEDULE
PART 1
MATTERS TO BE INCLUDED IN THE COURSE OF TRAINING etc
(Rule 3 (1))
1. The preparation and submission to the persons conducting the course of examples of the forms and style of written pleadings used in the presentation of cases in the Court of Session.
2. The practical applications of the law of evidence in connection with the presentation of cases in the Court of Session;
3. The procedure employed in the Court;
4. The presentation by applicants to the persons conducting the course of examples of oral advocacy in the manner required in the Court.
PART 2
THE METHODS OF INSTRUCTION TO BE USED IN THE COURSE OF TRAINING (Rule 3 (2))
1. Lectures, the provision of written instructional material, and audio-visual or other practical demonstration by the persons conducting the course of training in relation to any of the matters specified in Part 1 of this Schedule;
2. Attendance for a period, to be specified by the Course Convener, of up to six days sitting in on proceedings in the Court of Session, not being proceedings involving the applicant or any member or employee of the applicant’s firm unless the Convener shall direct otherwise, in both or either of the Outer House (including the Commercial Court) and the Inner House, observing, with or without the supervision of the persons conducting the course of training, the manner in which cases are conducted in that court.
3. Discussion of the applicant’s performance by those conducting the course, and the provision of comment and criticism by them upon the applicant’s presentation of oral advocacy.
4. Consideration by those conducting the course of the applicant’s written work and the provision of criticism and comment thereon.
