Andrew Fulton looks at how the right pairing can serve aces for clients
The Scottish Faculty of Advocates dropped its rule against “mixed doubles” representation last month. This was a prohibition on an independent advocate accepting instructions to appear with an employed solicitor advocate on behalf of the same client. The ban had been in place since 1993 and had provoked concern about restrictive practices. The Office of Fair Trading has welcomed its removal.
There is no prohibition on “mixed doubles” in England. Indeed, Denton Wilde Sapte’s advocacy group has been successfully using this model for many years. As well as appearing in their own right, our advocates are frequently led by top QCs from the commercial Bar. The Scottish Bar is now belatedly acknowledging what we have known for some time, namely that the “mixed doubles” combination can offer clients the best of all worlds. An in-house junior stays far closer both to the client and to the daily ebb and flow of a case than a barrister in chambers. The selection of an external leader then gives access to all the breadth and depth of
