How to become an advocate in Scotland

Advocates are instructed by solicitors to provide specialist legal representation for clients, usually on civil and criminal court matters. They also provide legal opinions and give specialist advice to individuals, professional bodies, government departments and organisations on a range of matters. To work in this profession you’ll need to join the Faculty of Advocates and pass their training requirements.
Most lawyers in Scotland qualify and work as solicitors before training as advocates, although this isn’t essential. Some take the most direct route possible to the Scottish Bar; others will work as solicitors for many years and may even have reached partner level before they make the change.

Working in a solicitors’ firm

The first stages of qualifying as an advocate are the same as those to become a solicitor. You’ll need a Scottish law degree and the Scottish diploma in legal practice. Would-be advocates then tend to progress on to a two-year traineeship with a solicitors’ firm, again alongside would-be solicitors. In theory, it is possible to spend less time on this stage (the Faculty of Advocates requires only nine months with a solicitors’ firm for those with first or second class degrees) and it is not strictly essential to be a trainee as long as you are working ‘on the same basis’ as one. However, in practice it is far easier to find a standard traineeship.

Joining the Faculty of Advocates

Before you can start your Bar-specific training, you’ll need to be admitted to the Faculty of Advocates. The process of joining the faculty is called ‘matriculation’ and you’ll then be known as an ‘intrant’. Matriculation involves the submission of references and the presentation of a petition to the court. At this stage there are fees to pay: a matriculation fee of £150 and a court fee of £125. You can matriculate at any time from the completion of your law degree onwards.

Devilling with an experienced advocate

After matriculating and assisting in a solicitors’ office, you’ll need to spend about nine-and-a-half months working unpaid for an approved, experienced member of the Bar as a ‘pupil’. This is essentially an apprenticeship period and is called ‘devilling’: your supervisor will be known as your ‘devilmaster’. You will visit court, attend meetings with instructing solicitors and their clients, discuss the preparation and presentation of your devilmaster’s caseload, and draft written pleadings and opinions. You will also attend skills training courses. Given that this is full-time, unsalaried work you might want to consider working for a few years beforehand to build up the necessary funds.

Taking the Faculty of Advocate's exams

There will also be exams to pass. The Faculty of Advocates runs a number of examinations in law for intrants. You can gain exemption from these if you have covered the relevant topics on your law degree but otherwise you must sit the exams. This is likely to require independent study as the faculty does not offer lectures or courses on these. You will also need to pass the faculty’s evidence, practice and procedure exam.

Admission as an advocate

After successful completion of these stages, you will be admitted as an advocate: you will hold higher rights of audience and be able to represent clients in court. For more information on qualifying as an advocate see the Faculty of Advocates’ website.

Should I train as an advocate?

It’s important to be honest when assessing your strengths and talents, as these will be career make-or-break factors. Are you comfortable speaking in front of large numbers of people? Can you get your point across clearly? Can you think quickly enough to respond to challenges? Are you able to improvise? It’s important that advocates look and act the part: you must be able to inspire confidence by masking your nerves and taking knock-backs in court without showing too much emotion.