Solicitors (Scotland) (Supreme Courts) Practice Rules 2003
Rules dated 31st January 2003 made by the Council of the Law
Society of Scotland under section 34(1) of the Solicitors
(Scotland) Act 1980.
Citation and commencement
1.—(1) These Rules may be cited as the Solicitors (Scotland) (Supreme
Courts) Practice Rules 2003.
(2) These Rules shall come into operation on 1st March 2003.
Definitions and interpretation
2.—(1) In these Rules unless the context otherwise requires:
‘‘advocate’’ means a member of the Faculty of Advocates;
‘‘Court’’ means the Court of Session, the House of Lords, the Judicial
Committee of the Privy Council and the High Court of Justiciary;
‘‘Rights of Audience’’ means a right of audience in the Court or any of
them;
‘‘solicitor’’ means any person enrolled as a solicitor in pursuance of the
Act and holding a Practising Certificate;
‘‘solicitor advocate’’ means a solicitor who has been granted Rights of
Audience;
‘‘the Act’’ means the Solicitors (Scotland) Act 1980;
‘‘the Council’’ means the Council of the Law Society of Scotland
established under the Act;
(2) The Interpretation Act 1978 applies to these Rules as it applies to an
Act of Parliament;
(3) The headings to these Rules do not form part of these Rules.
Appearance in a court
3. Where in the course of advising a client a solicitor identifies a situation
which may require appearance in a Court, he shall advise his client:
(1) that appearance before a particular Court is restricted to a solicitor
advocate or an advocate;
(2) of the advantages and disadvantages of instructing appearance by a
solicitor advocate and by an advocate respectively, which advice, subject to
the foregoing generality, shall cover
(a) the gravity and complexity of the case;
(b) the nature of practice, including specialisation, and experience of the
solicitor advocate;
(c) the likely cost of instructing a solicitor advocate and of instructing an
advocate;
(3) that the decision whether a solicitor advocate or an advocate should be
instructed is entirely that of the client.
Waiver
4. The Council may, at its discretion, waive compliance with any of these
Rules.
Breach
5. Breach of any of these Rules may be treated as professional misconduct
for the purposes of Part IV of the Act (complaints and disciplinary proceedings).
