Public invited to have their say on rules governing Advocates’ conduct in Scotland

MEMBERS of the public are being invited to share their views on how complaints about the conduct of Advocates in Scotland are handled, as part of a new public consultation launched by the Faculty of Advocates.  

The consultation is on the Faculty’s Disciplinary Rules, which are the framework used to investigate and determine complaints about the professional conduct of advocates.

Feedback gathered will help ensure the rules remain effective, transparent and fit for purpose.  

“This process is part of our ongoing efforts to strengthen accountability, improve consistency in decision-making, and support an efficient and equitable disciplinary and complaints process. By updating our Disciplinary Rules, we aim to better serve the public interest and ensure our approach is relevant and proportionate in an ever-changing environment,” said the Dean of the Faculty of Advocates, Roddy Dunlop KC.

 

Background to the consultation 

The Court of Session is responsible for regulating the professional conduct and discipline of Advocates in Scotland. This responsibility is delegated to the Faculty of Advocates, which investigates conduct complaints and determines whether disciplinary action is required.  

The Lord President is the most senior judge of the Court of Session and ultimate regulator of the legal profession in Scotland. The Lord President performs an oversight role in relation to the legal profession in Scotland. Rules relating to the professional conduct, practice and discipline of Advocates in Scotland are of no effect unless they have been approved by the Lord President.

All practising Advocates in Scotland are members of the Faculty. Although they are self-employed, they must comply with the standards set out in the Faculty’s Guide to the Professional Conduct of Advocates and are subject to the Faculty’s Disciplinary Rules.   

In October 2023, February 2024 and June 2024, the former Lord President, the Rt Hon Lord Carloway, recommended that a number of changes should be made to draft rules shared with him by the Faculty of Advocates. These included: to consider lowering the standard of proof that has to be met in disciplinary cases for advocates from ‘beyond reasonable doubt’ to ‘on the balance of probabilities’; to carry out a review of the sanctions currently contained in the rules (“sanctions review”) and to prepare sanctions guidance for those taking decisions on disciplinary matters.   

After discussions with the Dean of Faculty, the current Lord President (The Rt. Hon. Lord Pentland) asked the Faculty, in October 2025, to consult publicly on the draft rules so that the views of consumers, advocates and anyone else who wishes to respond to the consultation are taken into account before the draft rules are finalised. 

Complaints about Advocates are initially made through the Scottish Legal Complaints Commission (SLCC), which acts as the gateway for all complaints about legal professionals in Scotland. The SLCC assesses whether a complaint is admissible and whether it relates to an Advocate’s conduct (their behaviour) or the services they have provided (the quality of their work).  Should the SLCC determine that a complaint is admissible and relates to conduct it is then passed to the Faculty. The Commission also provides independent oversight of the complaints and redress system operated by the Faculty.  

Why the consultation is taking place   

The Faculty of Advocates is seeking public input on its proposed updated Disciplinary Rules and associated sanctions for the following key reasons:

• Commitment to transparency and accountability: The Faculty is seeking to ensure that its disciplinary processes are open, clear, and publicly understood.  
• Maintaining public confidence: Input from members of the public, legal professionals, and other stakeholders will help ensure the system remains fair and robust.  
• Legislative changes: The current rules were last updated in 2019 and need to be reviewed to reflect recent developments, including the Regulation of Legal Services (Scotland) Act 2025.  

Invitation to participate   

The Faculty is encouraging a wide range of participants, including members of the public, clients, legal professionals, members of the Faculty and other organisations with an interest in Scotland’s justice system, to take part in the consultation.

The responses received will play an important role in shaping how complaints about Advocates are handled in the future, helping to ensure that the system continues to uphold high standards of professional conduct.  

How to take part  

Details of how to access the consultation and submit responses are available here Disciplinary Rules Consultation 2026 | Faculty of Advocates. The consultation will remain open until 18 September 2026 at 5pm.