Terms & Conditions


Set out below is the standard Faculty of Advocates terms and conditions for the instruction of counsel.

1)  The name of the advocate instructed.

2)  The name and nature of the case or an identifying description of the matter to which the letter relates.  This description should be followed consistently in succeeding instructions in relation to the same matter so that case records may be correctly integrated.

3)  Where appropriate, the party for whom the advocate is instructed to appear, advise or represent.

4)  If there are opposing parties involved, the names of all such opposing parties should, if known, be given in order to avoid problems arising due to any conflict of interests.

5)  Any reference which the person instructing wishes Faculty Services Limited to quote on the fee notes rendered by the advocate.

6)  The Faculty Services Limited case reference once this has been intimated to the instructing member.  This information will be given when the first fee note is rendered.

7)  A numbered list of all documents accompanying the letter of instruction.  Copies, and not originals, or relevant documents should be sent.  If the advocate has previously been instructed in connection with the same matter, copies of any previous instructions and opinions should be included or referred to.

8)  Details of the service required from the advocate.

9)  Details of any time limits applicable or indicating any other urgency relating to the matter instructed.  Such details should be stated prominently.

10)  The person instructing should set out in a concise form the nature of the problem upon which an opinion or advice is sought.  This should include a clear and concise narrative of the relevant facts and circumstances cross-referenced to the relevant accompanying documents.

11)  If the person instructing attaches special importance to an event or document, this should be stated in the instructions together with the reasons for this view.

12)  Any law thought to be relevant should be mentioned with as full a reference as possible to any act, regulation or case quoted.

13)  The person instructing should indicate his or her conclusions and end with a specific list of questions for the advocate on particular points raised.

14)  If the instructions are for a hearing, details of the nature and date(s) of the hearing should be given together, if possible, with the identity of the arbiter, reporter etc concerned.  The person instructing should also set out concisely, first, his or her client's case as he sees it and, second, the opposing party's case as it is likely to be put.  If appropriate, the person instructing should also give details of the evidence of both fact and opinion likely to be available.

15)  Where fees are to be paid otherwise than at the conclusion of each item of work for which the advocate is instructed, a note of the agreement reached in advance between the instructing member and the advocates' clerk as to the amount of the fee and the basis of charging should be given in the initial letter of instruction.

16)  If a written acknowledgement is required, one should be requested.

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