8.6 Return of instructions

8.6.1 An Advocate is not entitled without good cause to return instructions once accepted so as to relieve himself of that professional commitment.

8.6.2 On the other hand, an Advocate cannot be in two places at the same time and it is unavoidable that in some circumstances instructions will have to be returned.

8.6.3 In any event, as already stated, it may be the Advocate’s professional duty to return instructions.

8.6.4 In considering whether, and if so when, to return instructions, an Advocate should have in mind the following considerations-

（a）so long as instructions to do so have been accepted and not returned, an Advocate owes a duty to the client and the Court to attend in Court when the case is called;

（b）an Advocate also owes a duty to the client and the Court to ensure, as far as he can, that the case is properly prepared and properly presented;

（c）an Advocate owes a duty to the client and the Court within the period of time for which he has accepted instructions to remain in attendance until the trial or hearing has been completed;

（d）an Advocate owes a duty to his instructing solicitor not to place him unnecessarily in a position where he has to instruct alternative Counsel at short notice and explain the situation to a dissatisfied client; and

（e）an Advocate owes a duty to his fellow Advocates not to place them unnecessarily in a position where they have to take over his case at short notice and face the client and the Court without adequate time for preparation.

It may also be appropriate to take into account the considerations mentioned in paragraph 8.5.3 above.

8.6.5 As soon as it is clear that a clash of commitments is inevitable, Counsel must return without delay all instructions with which he cannot comply.

8.6.6 Where a clash of commitments is likely although not yet certain, an Advocate should take steps to see to it that his clerk and the instructing solicitor are aware of the situation.If the instructing solicitor asks that the papers be returned so that other Counsel can be instructed, the papers must be returned without delay.

8.6.7 In the case of proceedings before the High Court of Justiciary on appeal, there is an obligation on Counsel who represented the appellant at the trial and has recommended an appeal to present that appeal.

8.6.8 In certain cases the operation of the Proceeds of Crime Act 2002 may require the return of instructions.

8.6.9 In all cases, except under the Proceeds of Crime Act 2002, the paramount consideration is the interests of the client.The fact that the instructing solicitor says he is “willing to take a risk” does not absolve Counsel from his duty to the client and the Court.Counsel should not under any circumstances be influenced in his decision by the consideration that, if he returns instructions, he himself may suffer financially.