How appearance rates for solicitors compare with those for advocates.

The fees for solicitors in the sheriff court are laid down in the Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1989, which has periodically been updated by amendments. There is no corresponding fees table for advocates.
Information may be held on rates paid to advocates from the records of judicial taxations undertaken by auditors of court in respect of the sheriff court. However, this information is not held by either the Scottish Government or the Scottish Court Service.
In relation to publicly funded legal assistance, the responsibility for administering payments to advocates and solicitors for legal aid work lies with the Scottish Legal Aid Board. Information provided by the Scottish Legal Aid Board (below) outlines the different rates paid to advocates and solicitors, depending on the nature of proceedings.
Solicitors Appearance at Court
Table 1
Type of Legal Aid (LA) / Work Detail
| Civil (Block) “ per 15 minutes
| Civil (Detailed) “ per 15 minutes
| Criminal “ per 15 minutes
| Children''s “ per 15 minutes

1. Advocacy -Solicitor
| £21
| £18.79 (Minimum Charge of 30 Minutes)
| £19
| £18.79 (Minimum Charge of 30 Minutes)

2. Non “ Advocacy Solicitor Sitting Behind Counsel
| £21
| £14.53
| £12.67
| £14.53

The payment rates above show the fees payable to a solicitor for a court appearance of 15 minutes duration where they are personally responsible for conducting the proceedings (point 1), and where they are assisting counsel (point 2).
Civil
- There are two different methods of charging. The nature of the proceedings determines the basis of charging.
Civil (Blocks)
- The fee of £21.00 per 15 minutes would be chargeable in circumstances where the solicitor is required to charge for the work on a block fee basis whether in Advocacy or sitting behind Counsel. Some of the block fees as prescribed subsume the first 15 minutes advocacy. In addition, the blocks subsume waiting time for motions which would be chargeable separately in a detailed account.
Civil (Detailed)
- The fee of £18.79 per 15 minutes (£14.53 where the solicitor is assisting counsel) would apply in cases where the solicitor is required to charge for the work on a detailed basis.
Criminal “ The rate above applies in respect of solemn proceedings. In the overwhelming majority of summary criminal cases the solicitor is paid on a block fee basis which covers all work up to and including the first 30 minutes of trial and up to two diets of deferred sentence. Where the trial goes beyond 30 minutes a supplementary fee of £100.00 is payable. Thereafter a fee of £200.00 is payable for the second trial day, and £400.00 for the third and subsequent days trial.
Children''s
- The fee of £18.79 per 15 minutes (£14.53 where the solicitor is assisting counsel) would apply in all children''s proceedings which are payable in line with Civil detailed fees.
Solicitor Preparation before Court
Table 2
Type of LA / Work Detail
|