19.EUROPEAN LAWYERS APPEARING IN SCOTLAND

19.1 These rules are consequential upon the Council Directive（No.77/249/E.E.C.）to facilitate the effective exercise by lawyers of freedom to provide services and the European Communities（Services of Lawyers）Order 1978（SI 1978/1910）as amended by the European Communities（Services of Lawyers）（Amendment）Order 1980（SI 1980/1964）and the European Communities（Services of Lawyers）Amendment （Scotland）Order 2004（SSI 2004/186）.The expression “European lawyer” has the same meaning as it has in SI 1978/1910 as so amended.

19.2 These rules only apply to a European lawyer who provides services in Scotland, or in relation to Scottish proceedings, which apart from the said Directive and Orders and those referred to in Section 20 hereof are reserved exclusively to Advocates and/or solicitor Advocates, and who does not act along with a solicitor Advocate; and references to “services” in these rules mean services so reserved.

19.3 No European lawyer may provide any services in relation to any proceedings whether civil or criminal before any Court, tribunal or public authority unless he is instructed with and acts in conjunction with a practising Member of faculty.

19.4 A European lawyer in salaried employment who is instructed with and acts in conjunction with a Member of Faculty in any proceedings may provide services on behalf of his employer in those proceedings only insofar as a Member of faculty in such employment could properly do so-see paragraph 17.4.

19.5 Without prejudice to such other requirements for verification of his status as may arise, a European lawyer, before appearing in the Court of Session or the High Court of Justiciary, must be introduced to the Dean of Faculty or to such Faculty Officer as may be nominated by the Dean and furnish proof of his status, preferably by production of a European Professional Identity Card.If and so long as a European lawyer fails to satisfy the Dean of Faculty with regard to verification of his status, he shall be entitled to provide services to such extent only, if at all, as the Dean of Faculty may allow.

19.6 A European lawyer providing services shall be under the disciplinary authority of the Dean of Faculty.The Dean of Faculty shall determine any matters of dispute or difficulty arising between a European lawyer and the Advocate with whom he is instructed and acting.

19.7 The Advocate with whom a European lawyer is instructed will be answerable to any Court, tribunal or other body before which they appear for the conduct of the case and for compliance with professional practice and standards.He will not be answerable, in a question with the client, for the actings of the European lawyer in relation to the duties owed by that lawyer to the client.

19.8 An Advocate accepting instructions to act with a European lawyer should recognise the responsibility which he undertakes.It would be inappropriate for any Advocate to be instructed so to act unless he has the seniority necessary to enable him to carry that responsibility.An Advocate with whom a European lawyer is instructed is entitled to withdraw from the case at any stage if he considers that such a course is expedient in the interests of the preservation of proper professional standards.

19.9 The signature of the European lawyer on any documents in the process must be accompanied by the signature of the Advocate with whom he is instructed.

19.10 Where an Advocate is required to wear Court dress, a European lawyer should wear the normal Court dress of his home Bar, or, if he belongs to more than one such Bar, the normal Court dress of one of those Bars.

19.11 The seat to be occupied by a European lawyer in Court should be determined by considerations of Courtesy and circumstances with the approval of the Court.（See also Section 21 below.）