Faculty ruling does not change solicitor obligations

The Faculty of Advocates have today (24 March 2020) published a Dean’s Ruling to extend rights of Counsel to appear without the instructing solicitor (currently available in civil matters) to all criminal matters excluding trials.

While we are disappointed that Faculty of Advocates colleagues did not provide us with the opportunity to discuss the effects of this ruling on solicitors this does not change the obligation of solicitors to instruct counsel or solicitor advocates and attend court for all hearings. We would remind all members of their responsibility to liaise with both clients and counsel about any changes to their availability during this time.

We believe that a positive working relationship between solicitors and the counsel or solicitor advocates they instruct will mean that there will be minimal need for this provision.