Whether any statutory interest and compensation arising out of late payment will be due to a member of the Faculty of Advocates by the clie…

These regulations implement European Directive 2000/35/EC on combating late payment in commercial transactions. They are intended to make it clear, on the face of the regulations, that they apply to the arrangements whereby advocates are paid fees, whoever the obligation to pay fees falls upon.The regulations do not change the legal relationship between advocates, solicitors and clients. It will be for the courts to determine whether the directive, and consequently the regulations, apply in any particular case, but my understanding is that a debt for fees is due to an advocate by his or her client, and any interest on late payment would be due by the client. The Faculty of Advocates and the Law Society of Scotland also have an agreement that a solicitor who instructs an advocate has a responsibility to ensure, as far as reasonably practicable, payment of the advocate's fees.