1.THE STATUS, RIGHTS AND OBLIGATIONS OF AN ADVOCATE

1.1 The Status of an Advocate

1.1.1 In law, an Advocate owes his status to the fact that he has been admitted to the office of Advocate in the Court of Session, the supreme civil Court in Scotland.Advocates so admitted have right of audience in the Court of Session and the High Court of Justiciary（the supreme criminal Courts of Scotland）, and in the other Courts（such as the Lands Valuation Appeal Court）whose judges are Senators of the College of Justice.

1.1.2 The Faculty of Advocates is a self-governing body consisting of those admitted to the office of Advocate in the Court of Session.The formal act of admission to that office is an act of the Court and an Advocate can ultimately be deprived of his office only by the Court.But, by long tradition, the Court has left it to the Faculty of Advocates （a）to lay down the qualifications for admission, （b）to determine whether an applicant for admission satisfies those qualifications, （c）to lay down the rules of professional conduct, and （d）to exercise disciplinary authority.

1.1.3 The Dean of Faculty is the elected leader of the Faculty of Advocates and, again by long tradition, the Faculty entrusts him with wide powers to make rulings on matters of professional conduct and, subject to the Disciplinary Rules of Faculty, to exercise disciplinary authority.The Dean’s Council is a consultative body whose function is to advise the Dean on these and other matters.

1.1.4 In practice therefore, the legal and professional rights and obligations of an Advocate depend:-

（i）upon the fact that he holds the office of Advocate in the supreme Courts of Scotland; and

（ii）upon the fact that he is a Member of the Faculty of Advocates and is subject to the disciplinary authority of the Faculty and its Dean.