Rules for trainee solicitors

First year

As a first year trainee there is a limited range of functions which you can perform. You cannot represent a client in the Criminal Courts, and in Civil cases you can only appear as an "authorised lay representative" in a Small Claim or Summary Cause. You can sit with Counsel in any Court including the High Court and the Court of Session. You cannot grant Legal Advice & Assistance as you are not yet a solicitor.

Any business card which is printed should have the description "Trainee Solicitor" after your name.

Second year

At the end of your first year you are entitled to seek admission as a solicitor in terms of Part 6 of the Admission Regulations. You do not automatically become a solicitor at the end of your first year, and the procedure for admission usually takes about 6 weeks. You cannot appear in Court - except as an authorised lay representative - until you have been issued with your practising certificate.

In terms of the Undertaking you give to the Society, you can only act as an assistant and are not entitled to engage in private practice on your own account; and you are not entitled to undertake Legal Aid in your own name. Once the certificate has been issued, you can appear on behalf of clients in any matter in the Sheriff or District Courts, although it is most unwise to appear in a Solemn case in the Sheriff Court at such an early stage in your career. You can grant Legal Advice and Assistance, but you cannot be the nominated solicitor on a Legal Aid Certificate - either Civil or Criminal. You can appear on behalf of the nominated solicitor in the Court.

You can sign any document which requires to be signed by a solicitor. It is still necessary to have the words "Trainee Solicitor" on a business card if your employers are in private practice as the status and designation of employees must be unambiguously stated on the firm's professional stationery.   Rule D2.3: Associates, Consultants and Employees.