THE new Dean of the Faculty of Advocates made it clear yesterday that
he will demand the highest possible professional and personal standards
from members of the Scottish Bar.
Mr Andrew Hardie, QC, also emphasised that there would be no immediate
relaxation in the controversial rule banning ''mixed doubles'' --
advocates and solicitor-advocates appearing in court for the same
client.
Mr Hardie was elected on Tuesday by members of the faculty to succeed
Mr Alan Johnston, QC, now a Judge, and will be hoping that his period in
office will be less turbulent than his predecessor's.
Mr Johnston had to grapple with a number of difficult issues,
including highly publicised breaches of discipline and the decision by
the Government to allow solicitors to plead in the Supreme Courts,
previously the exclusive preserve of the Bar.
Mr Hardie said yesterday: ''At the faculty meeting when I was
installed, I indicated to members that standards were particularly
important to me; that I placed the highest emphasis on standards,
whether professional or personal, and would demand that of members of
faculty.''
He talked of the appointment of a training officer and the setting up
of a committee to look at entrance requirements for the Bar and consider
whether they needed to be higher.
Asked whether standards had been slipping, Mr Hardie replied: ''We
have had comments from the judiciary about different standards and I
don't think we can sit back and rest on our laurels.''
On the issue of mixed doubles, Mr Hardie said that while advocates
owed a primary duty to the court and were not concerned about making
profits for other people, solicitors frequently operated in
partnerships.
He gave the example of a large oil company being represented in court
by an advocate in tandem with a solicitor-advocate.
The solicitor-advocate might come under pressure from the partners in
his law firm, or the client, to take a certain course of action and
might be influenced by that, particularly if the oil company was one of
the firm's biggest clients. The advocate's first responsibility was to
the court and he might not be prepared to take the same course of
action.
''I don't imagine the mixed doubles rule will now disappear,'' stated
Mr Hardie.
He pointed out that, even before the advent of solicitor-advocates,
solicitors were entitled to appear at important inquiries such as
Orkney, Lockerbie, and Piper Alpha.
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