An advocate is one who speaks on behalf of another person, especially in a legal context. It is used primarily in reference to the system of Scots law, Anglo-Dutch law, Scandinavian and Israeli law. Implicit in the concept is the notion that the represented lacks the knowledge, skill, ability, or standing to speak for themselves. The broad equivalent in many English law-based jurisdictions is "barrister".

Advocates in Scotland

Advocates, members of the Faculty of Advocates, are counsel who are entitled to present cases in the supreme courts of Scotland: the Court of Session and High Court of Justiciary.

Faculty of Advocates

main: Faculty of Advocates

Advocates are regulated by the Faculty of Advocates in Edinburgh. The Faculty of Advocates has about 750 members, of whom about 460 are in private practice. About 75 are Queen's Counsel. The Faculty is headed by the Dean of the Faculty who, along with the Vice-Dean, Treasurer, Clerk are elected annually by secret ballot.

The Faculty has a service company, Faculty Services Ltd, to which almost all advocates belong and which organises the stables and fee collection. This gives a guarantee to all newly-called advocates of a place. Until the end of 2007 there was an agreement with the Law Society of Scotland, which is the professional body for Scottish solicitors, as to the payment of fees, but this has now been abrogated by the Law Society. It remains the case that advocates are not permitted to sue for their fees, as they have no contractual relationship with their instructing solicitor or with the client 1. Their fees are honoraria.

Advocates wear wigs, white bow-ties (or falls in the case of senior counsel), and gowns as dress in court.

Independent working

Advocates do not operate in chambers; they are entirely independent, although organised in eleven 'stables' for administrative purposes, and work out of the Advocates Library in Parliament House where the Court of Session is situated, in a similar way to barristers in the Republic of Ireland and Northern Ireland. The High Court of Justiciary, where advocates plead criminal cases, is situated across the Royal Mile from Parliament House.

Advocates do not act directly for members of the public, taking instructions from a solicitor. Since October 2006, however, direct access by others has been liberalised, and advocates can now accept instructions directly from an individual or organisation in four main categories - legal professionals, other professionals, public authorities and a wide range of other individuals and bodies. The list includes lawyers from outside Scotland, voluntary organisations, any person or body subject to complaints by the Scottish Public Services Ombudsman, any public authority under EU law, recognised charities and voluntary organisations, public limited companies regulated by the London Stock Exchange and anyone acting in a governmental, judicial or legislative capacity 2.