20.REGISTERED EUROPEAN LAWYERS
20.1 These rules are consequential upon the Council Directive(No.98/5/EC)to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained, and the European Communities(Lawyer’s Practice)(Scotland)Regulations 2000(SSI 2000/121).The expression “European lawyer” has the same meaning as it has in those Regulations.These rules are established by the Faculty of Advocates as the competent authority for those wishing to provide the services hereinafter referred to.
20.2 These rules apply only to a European lawyer who seeks to provide services in Scotland, or in relation to Scottish proceedings, having registered in terms of these Regulations with the faculty(“a registered European lawyer”); and references to “services” in these rules mean services so sought to be provided.
20.3 A registered European lawyer is subject to the same rules of professional conduct as a Member of faculty in relation to all activities he pursues in the United Kingdom, and is subject to the same rules of procedure, penalties and remedies as a Member of faculty in relation to failure to comply with the faculty’s rules of professional conduct.
20.4 A registered European lawyer engaged in offering to provide services must use his home professional title.His home title must be expressed in an intelligible manner in an official language of his home state in such a way as to avoid confusion with the titles of “Advocate” or “solicitor” or both.
20.5 In representing a client in any proceedings before any Court, tribunal or public authority,(including addressing the Court, tribunal or public authority), the registered European lawyer shall act in conjunction with an Advocate who is entitled to practise before the Court, tribunal or public authority concerned who could lawfully provide those services.A registered European lawyer shall not have a right of audience before the High Court of Justiciary sitting as an appeal Court or the House of Lords or Privy Council unless he has passed the faculty’s examinations for devils in evidence, pleading and practice.
20.6 A registered European lawyer in salaried employment may provide services on behalf of his employer only insofar as a Member of faculty in such employment could properly do so-see paragraph 17.4.
20.7 The Advocate referred to in paragraph 20.5 shall be answerable to the Court, tribunal or public authority concerned in relation to the proceedings.He will also be answerable to the Dean for the proper conduct of the case and for his own compliance with professional practice and standards.He will not be answerable, in a question with the client, for the actings of the registered European lawyer in relation to the duties owed by that lawyer to the client.
20.8 The signature of the registered European lawyer on any document in a process must be accompanied by the signature of the Advocate with whom he is so instructed.
20.9 An Advocate accepting instructions to act with a registered European lawyer is advised to recognise the responsibility which he undertakes referred to in the advice given in paragraph 19.8 to Advocates accepting instructions to appear with a European lawyer.
20.10 Where an Advocate is required to wear Court dress, a registered European lawyer should wear the normal Court dress of his home Bar, or, if he belongs to more than one such Bar, the normal Court dress of one of those Bars.
20.11 The seat to be occupied by a registered European lawyer in Court should be determined by considerations of Courtesy and circumstances with the approval of the Court(see also Section 21 below).