Frequently Asked Questions

The Scottish Bar has undergone a number of changes in recent years, and it continues to evolve with the times and to adapt to changing circumstances. We have collated a number of the most frequently asked questions about the work of the bar, the role of Counsel and recent legal reform in this section. If you have a question which is unanswered here, we encourage you to contact us and one of our clerks will attempt to answer it in person.

Will all instructions sent to Arnot Manderson remain within the stable if my first choice advocate is unavailable to accept them?

No. In contrast to some other stables, we have taken a clear policy decision to continue with the established practice that our clerks will always endeavour to find an appropriate advocate for the piece of work regardless of their stable. In practice, we believe that the size and range of expertise within Arnot Manderson will ensure that work rarely requires to leave the stable but we consider that we can only offer a true service to our clients if we acknowledge that, on occasions, our clerks should recommend advocates outwith Arnot Manderson.

If I instruct a senior counsel from Arnot Manderson, will I also have to instruct a junior counsel from Arnot Manderson?

No. Senior counsel will often be content to be instructed without a junior. In cases where junior counsel is required to assist senior, we believe that the instructing solicitor should be free to select a junior from any of the stables within the Faculty of Advocates. Our clerks will be happy to advise on suitable juniors from Arnot Manderson but no pressure will be applied to only consider junior counsel from this stable.    

How can I check for the availability of an individual advocate or a group of advocates?

Our clerks can readily advise you of the dates that an advocate is available for work, or the names of advocates available to work on a particular date. As all advocates within Arnot Manderson are on an electronic diary system, our clerks can search for this information extremely quickly. If you have the appropriate password from the Faculty of Advocates, you can also obtain remote access to the electronic diaries to check availability. We strongly recommend that you apply for such access since it will enable you to check availability outwith normal office hours.

I have identified the advocate whom I wish to instruct, can I make an entry into his or her diary?

In order to book an advocate for a consultation or court hearing, you will require to speak to one of our clerks who can make the appropriate entry in the electronic diary of that advocate. Although solicitors can obtain remote access to check for availability, that remote access does not permit the diary to be altered. 

I am not a Scottish solicitor but wish to obtain advice from an advocate, can I send instructions directly to counsel?

Normally, advocates are instructed by solicitors.  However, recent changes to the Direct Access rules permit a large number of organisations to instruct counsel directly without the need for a solicitor. This may enable your organisation to obtain a speedier and more cost effective route to obtain the advice desired. The full rules on Direct Access can be found on the Faculty of Advocates website  (http://www.advocates.org.uk/stables/directaccess_pb.html) which lists the organisations and professional groupings who have the right of direct access. Individual members of the public may not instruct counsel directly.  

How do I know what I am likely to be charged by the advocate?

Our clerks regularly give fee estimates before any work is carried out. Considerable flexibility exists for agreeing fee rates on the basis of an hourly rate, a daily rate or for a set piece of work. Advocates are commonly asked for fee estimates and we are happy to provide these via our clerks. There is also scope for agreeing deferment dates for when fees become payable. In some cases, written fee agreements can be entered into. As counsel’s overheads are generally low, counsel’s fees are often highly competitive compared with other legal advisers.  

Will the size of Arnot Manderson affect the level of service which I am likely to receive?

We are confident that we will be able to provide a higher standard of service to all of our clients. The size of the stable ensures that we have a pool of advocates available to provide advice in any area of law. The larger number of support staff within this stable should also ensure that we can respond more quickly to your queries and comments.

I am concerned that counsel take too long to return the work which I send to the stable?

We know that this is a source of annoyance for solicitors. If you send work with a deadline on it, our clerks will draw the deadline to the attention of the advocate and ask for an assurance that the work will be completed within that deadline. The policy of the stable is that all such deadlines which are accepted by the individual advocate should be strictly complied with. If there remains a concern that work is not being returned in time, please advise one of the senior clerks who will bring this to the attention of the stable director.