Advocate

An advocate is one who speaks on behalf of another person, especially in a legal context. It is used primarily in reference to the system of Scots law, Anglo-Dutch law, Scandinavian and Israeli law. Implicit in the concept is the notion that the represented lacks the knowledge, skill, ability, or standing to speak for themselves. The broad equivalent in many English law-based jurisdictions is "barrister".

Advocates are regulated by the Faculty of Advocates in Edinburgh. The Faculty is headed by the Dean of the Faculty who, along with the Vice-Dean, Treasurer, Clerk are elected annually by secret ballot. The Faculty has a service company, Faculty Services Ltd, to which almost all advocates belong and which organises the stables and fee collection. This gives a guarantee to all newly-called advocates of a place.

Until the end of there was an agreement with the Law Society of Scotland, which is the professional body for Scottish solicitors, as to the payment of fees, but this has now been abrogated by the Law Society. It remains the case that advocates are not permitted to sue for their fees, as they have no contractual relationship with their instructing solicitor or with the client. Advocates do not act directly for members of the public, taking instructions from a solicitor.

Direct access by others has been liberalised, and advocates can now accept instructions directly from an individual or organisation in four main categories - legal professionals, other professionals, public authorities and a wide range of other individuals and bodies. The list includes lawyers from outside Scotland, voluntary organisations, any person or body subject to complaints by the Scottish Public Services Ombudsman, any public authority under EU law, recognised charities and voluntary organisations, public limited companies regulated by the London Stock Exchange and anyone acting in a governmental, judicial or legislative capacity.