Civil rights of audience

Prior to making an application, an applicant is required to attend an introductory course. The introductory course is a course of practical training explaining the application process, the standards and training required in obtaining a right of audience in the court, the duration, form and content of which shall be prescribed by the Council from time to time. A provider of the introductory course must ensure that the course complies with the duration form and content of the course as prescribed by Council from time to time. The course is currently only offered by one provider jointly with the Society. 

Application forms should be completed as fully and legibly as possible. If the information given is not sufficient, this may lead to a delay while further information is sought.

The form may either be typed or handwritten – please note, the form is required to be signed by the candidate upon completion. Once completed, please submit your application by email to DavidMacdougall@lawscot.org.uk. 

Upon receipt of your completed application, an invoice will be raised for the application fee of £520. If a purchase order number requires to be cited on the invoice, please provide the number in the cover email for your application.

Applicants should state the names and email addresses of two individuals from whom the Law Society can obtain a reference. One of the referees should be a sheriff or other person acting in a judicial capacity (eg chair of a tribunal / panel) before whom the candidate has appeared. The other referee can be a solicitor but should not be a business partner, employer or client. Referees should be able to speak to select cases which applicants consider demonstrate their most proficient Court work as detailed in their application. Reference to relevant cases should be made when providing referee details in the application form. For civil applications one of the referees should be able to speak to written pleadings/submissions made by the applicant. All applicants should obtain consent from the referee before nominating them.

Please ensure that you read the C4 Advice and Information note prior to completing this section. The information to be given in Part 3 of the application form about relevant experience should be restricted to cases in which a trial, proof, debate or appeal to the Sheriff Principal has taken place. Experience in other courts (including the court for which any candidates are seeking Rights of Audience) should be included in the section 'Other Experience'. Candidates should restrict themselves to cases which have been set down for trial, proof, debate or appeal as the case may be. Cases which have not yet reached that stage should not be included. Candidates should indicate the role in which they were involved including whether they have appeared personally in the Court of Session either in Chambers or at the Vacation Court.

It is not necessary to advise of the outcome nor to forward background papers in connection with the case. 

Please provide more detail in cases that best reflect the Standards of a Solicitor Advocate and make reference to relevant performance indicators to evidence this. Please also ensure that one of your referees can speak to one of your more detailed cases

Click to download the application form for civil rights of audience (ROA1).

Candidates are asked to present oral argument in a Reclaiming Motion from papers, usually comprising a reported decision at first instance and three or four of the authorities cited before the Lord Ordinary which are thought to be potentially relevant. That is to be prepared as if a full Reclaiming Motion was required, albeit in practice candidates will be allowed around 40 minutes or so to present parts of that to two "real" judges. Precisely the same standard applies, ie. that of the reasonably competent pleader.

In neither written nor oral work is knowledge of any particular specialist area of substantive law examined. Candidates will not be faulted because they do not know the most recent case on restrictive covenants or remoteness of loss. A general grasp of legal concepts is, however, required because candidates are expected to have sufficient ability to be able to take the materials given and deal with them, even if they lie outwith that candidate's particular selected specialism. Indeed, assessors frequently look for candidates to demonstrate that they have clearly understood the issues when presenting their written or oral response.

It is quite possible that in the written assessment, the oral assessment, or both, the exercises will involve an area of law with which the candidate is unfamiliar in their own practice.

Candidates will be asked to produce a draft summons, defences and minute of amendment from materials provided, in an open book examination setting.

Exam booklets will be provided for each candidate. Candidates may also choose to use a laptop to type their written assessment (Wi-Fi must be disabled). If candidates are using a laptop the open book setting extends to materials saved on their laptop.

In addition, candidates will be asked to produce a set of Grounds of Appeal for the Inner House in a Reclaiming Motion from a reported Outer House case. This is to be done by a given deadline but outwith the formal course environment, ie. in the office or in the candidate's own time.

Please note the course is not designed to teach you to draft written pleadings.