Scheme for the Accounting for and Recovery Of Counsel’s Fees August 2020

1. Status and scope of the Scheme

1.1. The Scheme sets out the basis upon which any counsel to whom the Scheme applies accepts instructions.

1.2. Advocates hold a public office to which they are admitted by the Court of Session. Nothing in the Scheme affects the professional status or obligations of counsel and, in the event of any conflict between the terms of this Scheme and the professional status or obligations of counsel, the latter shall prevail.

1.3. The Scheme applies to any counsel who is a subscriber to Faculty Services Limited.

1.4. Counsel who is not a subscriber to Faculty Services Limited may (subject to compliance at all times with the professional status and obligations of counsel) accept instructions on the basis of his or her own terms and conditions. Counsel who has not adopted such terms and conditions shall be assumed to have adopted the Scheme.

1.5. An instructing person who instructs counsel to whom the Scheme applies accepts the provisions of the Scheme and accepts a professional obligation to pay counsel’s fees in accordance with the Scheme.

1.6. The Scheme does not apply to work undertaken or services provided by counsel otherwise than as a practising advocate.

2. Definitions

2.1. In the Scheme, unless the context otherwise requires:-

2.2. In the Scheme, unless the context otherwise requires, the masculine includes the feminine and references to the singular include the plural, and vice versa in each case.