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The Faculty has awarded direct access bodies the status
of being able to instruct an advocate
directly, without the need to first instruct a solicitor.
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 solicitors from outside Scotland, registered European lawyers, 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.
The main benefit of Direct Access for your organisation
is economy of time. You will receive quicker response and
a quicker resolution because of your eligibility for direct
access to Counsel. More information on the Direct Access process can be found in the
 Direct
Access Rules Oct 2006 (.pdf - 52KB)
Standard Terms of Instruction
The Standard
Terms of Instruction (.pdf - 75KB) describe what work advocates do and the restrictions on it.
In practice, this requires the retention
of a solicitor for any Sheriff Court or Court of Session
work. In addition, an advocate may at any stage require
that a solicitor take over the instruction of the work.
It is a professional obligation on the instructing member
and through him or her or the company or firm of which he
or she is an employee, director or partner to make payment
of the advocate’s fee.
It should be emphasized, particularly in urgent matters,
counsel are flexible about the manner in which they receive
instructions and may be give advice in writing or verbally
at consultation or by telephone.
If anyone proposing to instruct counsel is under any doubt
as to his or her right to do so, they should contact an advocates’
clerk who will be happy to advise.
The following bodies have been awarded direct access status by the Faculty of Advocates.
- 1. Legal professionals:
- (i) Members of the Law Societies of England and Wales, and Northern Ireland
- (ii) Non-practising members of Faculty
- (iii) European lawyers registered under the European Communities (Lawyers
Practice)(Scotland) Regulations
- (iv) Persons on the register of foreign lawyers held by the Law Society of
Scotland
- (v) Qualified conveyancing and executry practitioners in Scotland
- (vi) Persons or bodies qualified to practise law in a jurisdiction other than
Scotland who actually do so practise law
- 2. Other professionals:
- (i) Members of any professional body recognised for this purpose by the Faculty, and any such body itself
- (ii) Parliamentary agents
- (iii) Any person or body on the register maintained by the Office of the Immigration Services Commissioner.
- 3. Public authorities:
- (i) Any person or body subject to complaint to the Scottish Public Services Ombudsman
- (ii) Any public authority in terms of the Freedom of Information (Scotland) Act 2002 or the Freedom of Information Act 2000
- (iii) Any person or body subject to complaint to the European Ombudsman
- (iv) Any public authority under the law of the European Union
- (v) Any person or body acting under law in a governmental, judicial or legislative capacity
- (vi) Members of the British and Irish Ombudsman Association or the International Ombudsman Institute.
- 4. Other persons and bodies:
- (i) Any person or body on the Financial Services Authority Register
- (ii) Any voluntary organisation in membership of the Scottish Council for
Voluntary Organisations, the National Council for Voluntary Organisations,
the Northern Ireland Council for Voluntary Action, or the Wales Council for
Voluntary Action
- (iii) Any body on the register maintained by the office of the Scottish Charity
Regulator or the Central Register of Charities maintained by the Charity
Commission for England and Wales
- (iv) Any public limited company regulated by the London Stock Exchange
- (v) Any community interest company registered as such
- (vi) Any trade union or employers association on the list maintained by the
Certification Officer
- (vii) Any body incorporated by statute which is so established to represent or
regulate any trade, business or profession
- (viii) The Medical and Dental Defence Union of Scotland, The Medical and
Dental Defence Union, and the Medical Protection Society.
- (ix) Any person or body, or member of a class, recognised for this purpose by
the Faculty.
- 5. Initial list of bodies recognised under part 2 i):
- 1. All professional bodies in the United Kingdom which have been awarded a
Royal Charter
- 2. All Designated Professional Bodies under the Financial Services and Markets
Act 2000
- 3. Architects Registration Board of the United Kingdom
- 4. Army Legal Service
- 5. Directorate of Legal Services of the Royal Navy
- 6. Naval Prosecuting Authority
- 7. Directorate of Legal Services of the Royal Air Force
- 8. Association of Average Adjusters
- 9. Association of Taxation Technicians
- 10. Insolvency Practitioners Association
- 11. Institute of Indirect Taxation
- 12. Institute of Chartered Accountants in Ireland
- 13. Officers of Arms in Ordinary (The Heralds and Pursuivants of the Lyon
Court)
- 14. Incorporated Society of Valuers and Auctioneers
- 15. Pensions Management Institute
- 16. Institute of Trade Mark Attorneys
- 17. The Chartered Insurance Institute or any member thereof
- 6. Further list of bodies subsequently recognised under parts 2 (i) or 4 (ix):
- 1. The Society of Messengers-at-Arms and Sheriff Officers and members thereof
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