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Advocates in Scotland accept clients and cases - both civil and criminal - from solicitors or other professionals with direct access rights. They give advice on the cases and present them in court, mostly in the upper courts. They cannot work directly for members of the public.
In the rest of the UK, the equivalent job title is that of Barrister.
The Work
You could be: - advising on complex legal problems
- researching the facts of each case, including the details of previous relevant cases
- preparing and presenting cases before any Court in Scotland, including the Supreme Courts; before the Judicial Committees of the House of Lords and the Privy Council, the European Court of Human Rights and the Court of Justice of the European Communities, as well as a wide range of tribunals and inquiries
- presenting the facts of the client`s case to the judge and jury, cross-examining witnesses and summing up the case
- drafting written opinions and pleadings
- dealing with all types of cases, but perhaps, after lengthy experience, building up expertise in particular areas.
Conditions
- Advocates work from the Advocates' Library in Edinburgh and they also spend time in the law courts.
- You have to work long hours when you are preparing an important case.
- There is a strict dress and protocol (behaviour) code for working in court.
Getting In
- You must gain an Honours LLB degree (second class, division 2, or above) in Scottish Law from a Scottish university; OR an LLB degree in Scottish Law from a Scottish university together with an Honours degree (class 2.2 or above) in another subject from any UK university; OR an ordinary degree with distinction in Scottish Law from a Scottish university.
- For entry to the LLB degree, you normally need 4 or 5 Highers at good or very good grades, preferably at a single sitting. You need to have Higher English, and some universities also require passes in maths, a science, a language or a social science subject at Standard grade.
- Glasgow University also requires applicants to pass the National Admissions Test for Law (LNAT).
- After the LLB degree, you must complete the full time 6 months Diploma in Legal Practice.
- Following the Diploma, you must undertake a period of professional training before sitting the examinations of the Faculty of Advocates.
Most advocates are self-employed, but the Procurator Fiscal Service employs Advocates Depute for three years at a time as Crown Counsel to lead prosecutions in the High Court of Justiciary. Some advocates also work for the Scottish Government through the Government Legal Service for Scotland (GLSS).
What Does It Take?
You need to be:- able to absorb facts quickly and retain them
- able to read and understand complex legal documents
- able to think logically and quickly and react to unexpected information when in court
- good at public speaking and presenting legal opinion to the non-expert
- self-confident
- able to work under pressure to meet deadlines.
You need to have:- sound judgement
- analytical skills
- attention to detail
- physical and mental stamina.
Training
- After completing your degree studies and the Diploma in Legal Practice, you must serve a 21-month period of training in a solicitor's office. A salary is paid according to scales laid down by the Law Society of Scotland.
- Thereafter, you have to serve a 9.5 month period as a pupil to an advocate. This process is called 'devilling' and is unpaid.
- Finally, you must pass the Faculty of Advocates' examinations in Evidence, Practice and Procedure.
Getting On
- Once you have finally qualified, you may practise as an advocate.
- Unlike solicitors, almost all advocates are self employed and in practice on their own; they cannot form partnerships.
- After 10 to 15 years’ experience you can apply to ‘take silk’ (become a Queen’s Counsel), as a senior advocate, which leads to more work in important cases.
- You may get promotion to sit on tribunals.
- You may become a sheriff.
- To date, Supreme Court judges have been mainly members of the Faculty of Advocates.
- A relatively high number of elected politicians in all parties have been or are advocates.
Pay
The figures below are only a guide. Actual pay rates may vary, depending on:- where you work
- the size of the company or organisation you work for
- the demand for the job.
Self-employed advocates depend for their income on solicitors and other professionals deciding to instruct them. Earnings vary widely, depending on success and workload. - Income for advocates at the start of their career is usually in the range of £30,000 to £35,500 a year.
- Some advocates earn up to £300,000 a year.
- Advocates in the Procurator Fiscal Service earn in the range of £25,000 to over £50,000 a year.
- In 2009, within the GLSS the starting salary for trainees is £17,000. Trained lawyers working for the GLSS earn up to £46,700.
More Information
There are currently over 450 advocates practising in Scotland. Other members of the Faculty of Advocates include judges, sheriffs and a small number working in industry, commerce or central or local government. Some advocates specialise in a particular field, but in Scotland most of them do a broad range of work.
Addresses
The following organisation(s) may be able to provide further information.
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Faculty of Advocates |
Parliament House
Edinburgh
EH1 1RF |
| Tel:
0131 226 5071 |
| Minicom / Textphone:
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| E-mail:
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| Website:
http://www.advocates.org.uk/
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