Candidates who have not had relevant experience of court work as an admitted solicitor for five years prior to submitting an application may be unable to satisfy the Council with regard to experience.
Relevant experience means experience of solemn trials in the Sheriff Court for those seeking the Right of Audience in the High Court.
Candidates who have been practising members of the Faculty of Advocates may count their experience in that capacity. The Council will, in exceptional cases, consider experience for solicitors who have been practising members of the bar in England, Wales, Northern Ireland or another Member State of the European Union; or who have had relevant experience of court work as a solicitor in England, Wales, Northern Ireland or another jurisdiction.
Application forms should be completed as fully and legibly as possible. If the information given is not sufficient, this may lead to a delay while further information is sought.
The form may either be typed or handwritten – please note, the form is required to be signed by the candidate upon completion. Once completed, please submit your application by email or post to DavidMacdougall@lawscot.org.uk:
The Law Society of Scotland
144 Morrison Street
and pay the application fee of £300.
Candidates should state the names, full postal addresses and email addresses of two individuals from whom the Society can obtain a reference. One of the referees should be a sheriff or other member of the judiciary before whom the candidate has appeared before. The other referee can be a solicitor but should not be a business partner, employer or client. All candidates should advise their referees that they are giving their names for this purpose.
The information to be given in Part 3 of the application form about relevant experience should be restricted to cases in which a trial, proof, debate or appeal to the Sheriff Principal has taken place. Experience in other courts (including the court for which any candidates are seeking Rights of Audience) should be included in the section 'Other Experience'. Candidates should restrict themselves to cases which have been set down for trial, proof, debate or appeal as the case may be. Cases which have not yet reached that stage should not be included. Candidates should indicate the role in which they were involved including whether they have appeared personally in the Court of Session either in Chambers or at the Vacation Court.
Information to be given about any case should include the name, the court in which it took place, the year in which it was heard, and whether the hearing was a trial, proof, debate or appeal. It is not necessary to advise of the outcome nor to forward background papers in connection with the case. If the hearing lasted more than one day, the duration would also be helpful.
Each candidate is required to complete six days of Sitting-In prior to the start of the training course. The breakdown of these six days should consist of:
Four days Criminal Appeals (three days in Conviction Appeal Court and one day in Sentence Appeal Court) and two days Preliminary Hearing.
For Sitting-In you need to attend the court and request any relevant papers from the clerk. You will need to get the attendance card signed by the clerk. The business of the court is available on their website.
Sitting-In must be completed before the final oral assessment.
The criminal course takes place over three weekends, two of which are training weekends that include various talks and tutorials from both the bench and experienced solicitor advocates. There are also mock oral assessments with feedback, prior to the final assessments. The final assessments take place at the Criminal Appeal Court, Lawnmarket.
Course conveners are John Keenan, Solicitor Advocate and Iain McSporran, Solicitor Advocate.
Dates for the Criminal Rights of Audience course 2018 will be announced soon – please email KirstyOrr@lawscot.org.uk if you’d like us to inform you when the new dates are announced.
The exam diet is held each year at our offices. Each diet will consist of two exams (1) Professional Conduct, which will last for two hours, usually from 10.00 a.m. until 12 noon and (2) Practice and Procedure which will last for two and a half hours from 1.30 p.m. until 4.00 p.m. Examination books are provided at the venue. There is a £75 enrolment fee for each of the exams.
For the Professional Conduct examination, candidates are not allowed to take any books in. This is a closed book exam. Candidates are expected to have extensive knowledge of Rule C4.3 Order of Precedence, Instructions and Representation and Rule C4.4 Conduct of Solicitor Advocates. Copies of these Rules are NOT allowed to be used in the exam.
Candidates are not expected to remember the numbers of the various Rules. Candidates are also expected to also have knowledge of general principles of professional ethics and the standards set out in Rule B1 Standards of Conduct. All of these Rules can be accessed in the rules and guidance section of our website.
The Practice and Procedure examination is an “open book” exam. This means that candidates are allowed to bring and use any published un-annotated books and case reports printed from the Scottish Courts website.
Candidates can request past papers prior to the exam.
The completed examination scripts will be passed to the relevant examiner and all candidates will be advised in writing of the result as soon as possible. In both examinations the pass mark will be 50% and it is not intended to hold oral examinations.