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Parliament House

The Role of Counsel

When a civil action or criminal prosecution is current, or in contemplation, a practitioner may often require assistance from an Advocate on their client’s behalf. This need may arise even in situations where no legal proceedings are contemplated. There are many sound reasons for seeking Counsel’s help.

These include:-

  • Pressure of business, preventing the busy practitioner from devoting the necessary time to the problem.
  • Realisation that the practitioner does not have sufficient expertise in advocacy, or in the legal field concerned.
  • Appreciation that the problem might benefit from an independent review which would not cut across the existing solicitor-client relationship.
A perspective view of the Parliament House and Exchequer, by John Elphinstone, c1740. This shows the Treasury Chambers adjoining the jamb of Parliament House.

Whatever the reason, the option of engaging Counsel should always be considered by practitioners wishing to provide their client with the best possible service. The combination of Counsel and agent is often the best representation a client could wish for and, as already indicated, practitioners will never feel that the client is other than their own.

While they hold professional instructions, Counsel must act as they think appropriate, having regard not only to the interests of the client, but also to their duty towards the Court. However the scope and duration of such instructions are always matters to be determined between practitioner and client.

 
The Faculty of Advocates
Parliament House
EDINBURGH
EH1 1RF

Telephone: 0131 226 5071