"Rule 3 of the Solicitors (Scotland) (Supreme Courts) Practice Rules 2003 requires solicitors in certain situations to tell their clients that they have the choice to be represented by a solicitor advocate or an advocate, and to advise of the advantages and disadvantages of instructing appearance by each.

"It is the clear policy of the Society of Solicitor Advocates (“SSA”) that this rule is unnecessary. Unfortunately a contrary impression may have been given by the quote attributed to me in the Scotsman today. I note that the draft report of the Review into Rights of Audience recommends the retention of the rule but, nonetheless the SSA will continue to seek its removal.

"At an Extraordinary General Meeting of the SSA last year this matter was the subject of some discussion. Our meeting was clear that the wider duties in the Solicitors (Scotland) (Standards of Conduct) Practice Rules 2008 are designed to ensure that an instructing solicitor instructs only a solicitor advocate or advocate of appropriate skill, specialisation and experience for the task and who, whether solicitor advocate or advocate, will charge an appropriate and reasonable fee.

"The Rule 3 provisions are duplicative and unnecessary. The duty to ensure competent representation provides clients with exactly the same protection. This is why the SSA passed a resolution at the Law Society AGM in 2008 for the revocation of Rule 3. The Law Society accepted our representations on this topic and we look forward to continuing dialogue to this end.

"Solicitor advocates are a relatively new creature in Scotland, having come into being in 1993, but we have already made a huge impression in an area of monopoly which had existed for centuries. This has been to the clear benefit of the public, in increasing choice and helping to drive up standards. We welcome the suggestion in the draft report of further measures to ensure that those who plead in our highest courts are of the highest standard. We particularly welcome the recognition of the advantages to our clients in being able to continue to instruct us, rather than having to instruct a less appropriate alternative from outwith our firms.

"When the Government was considering this and related issues we suggested that now was a suitable time for the whole question of Rights of Audience to be reviewed. This led to the setting up of the Review by Ben Thomson which reported yesterday. We welcome the draft report which was published today, albeit there are issues which will require further consideration, and we will continue to make representations to the Review Team and Scottish Government with a view to ensuring that the interests of justice are at the heart of any reforms."

John Scott
Vice-President (Crime)
Society of Solicitor Advocates