Advocate (Scotland)

Advocate job description: Typical employers | Qualifications and training | Key skills | Useful links | Find jobs and courses

Advocates practice in Scotland in an equivalent role to barristers in England and Wales. They are experts in the art of advocacy, which involves the presentation of cases in court and the provision of advice on every aspect of litigation.

Advocates receive their work and fees from solicitors, who transfer clients to them in cases that go to court. While advocates practice in the courts of Scotland as members of the Faculty of Advocates, they also have right of audience before the UK Supreme Court and a host of other decision-making bodies like tribunals and arbitrations.

Unlike solicitors, most advocates work on a sole practitioner basis from Parliament House in Edinburgh.

Typical duties include:

• Interviewing clients and providing them with expert legal advice.
• Researching and preparing cases and presenting them in court.
• Writing legal documents and preparing written pleadings for civil cases.
• Liaising with other professionals such as solicitors.
• Specialising in specific legal areas.
• Representing clients in court, public enquiries, arbitrations and tribunals.
• Questioning witnesses.
• Negotiating settlements.

Advocates meet with considerable responsibility from junior level onward. They take on heavy work loads and are expected to meet tight deadlines.

Hours can be long and unpredictable, occasionally spilling over into evenings and weekends. They may also be expected to take on various additional tasks at a moment’s notice. The ability to work well under pressure while juggling various responsibilities is therefore vital.

For around ten months trainee advocates, or ‘devils’ as they are known, work unpaid. After a lengthy period of training, qualified advocates are in the position to earn a wage that is dependent on the cases they work. Typical salaries fall in the region of £25,000–£35,000; this figure increases with progression to £50,000 or more.

After 12 years advocates can ‘take silk’ as a Queen’s Counsel (QC) and see their salaries increase dramatically.

Typical employers of advocates

Advocates work as self-employed individuals based in Parliament House in Edinburgh.

A few find employment within:

• Local government
• Industry and commerce
• Higher education.

Qualifications and training required

Qualifying as an advocate is an expensive and lengthy process.

Prior to commencing training it is necessary to gain a first or second class degree in Scottish Law, and a Diploma in Legal Practice from a Scottish university. Further details can be found in the Regulations as to Intrants, at the Faculty of Advocates website.

The first step towards Bar-specific training is to gain a traineeship with a solicitors’ firm. The Faculty of Advocates stipulates a minimum of nine months spent at this stage.

You must then start the process of joining the Faculty of Advocates; a stage known as matriculation. This involves examinations, the submission of references and the presentation of a petition to the court. This will cost you £150 and £125 for the matriculation and court fees respectively.

Now starts the apprenticeship period known as ‘devilling’. As a devil you will work under the supervision of a devilmaster – an experienced member of the Bar.

You will visit court, attend meetings with solicitors and clients, and draft written pleadings and opinions. At the same time you will attend skills training courses. This is full-time, unpaid work. You will need to make sure you have the resources to fund yourself for almost ten months.

After final exams you will be admitted as an advocate and will be able to represent clients in court. As junior counsel, advocates deal with all types of legal work, only specialising after three or four years in practice and going on to build up a particular specialism later on.

Keys skills for advocates

• Excellent interpersonal, presentation and written/oral communication skills.
• Possession of integrity, confidentiality and a non-prejudicial manner.
• Self-confidence, motivation and resilience.
• Legal and commercial awareness.
• Excellent time and people management skills.
• Excellent academic and research skills.