Appointment of King's Counsel in Scotland 2024 Report by Keith Connal, Independent Observer

Recommendations for nomination

The Lord Justice General is recommending for nomination 15 advocates and 3 solicitor advocates. The overall success rate of 56% is slightly below last year, when 15 of 25 applicants (60%) were nominated for appointment (and below the rate in 2022, when 64% of applicants were nominated).

Of the seven applicants who had applied previously, six have been successful.

Of the 10 female advocates who applied, 5 have been successful (50%). The success rate for male advocates this year is 67%. Of the 4 female solicitor advocates, 2 have been successful (50%). Of course, these percentages are based on small numbers and there are many factors which can influence success rates.

Figures collated in the office of the Lord Justice General over the most recent 10-year period show that the average success rate amongst members of the Faculty of Advocates has been 53% for female applicants and 48% for male applicants.

Based on the information available for this year’s round and taking account of figures from recent rounds, I am satisfied that there is no obvious bias for or against male or female applicants. There is insufficient information for conclusions to be drawn in relation to other protected characteristics.

Written feedback is given by the Lord Justice General to all unsuccessful applicants, which is intended to be constructive for any candidate who may wish to apply again. If requested, the Lord Justice General is willing to meet applicants who wish to discuss the outcome of their application.

The Lord Justice General consults with the Dean of the Faculty, the President of the Law Society and the Lord Advocate before submitting his nominations to the First Minister. This principally is to ensure that no issues relating to the professional conduct of the proposed nominees have been missed in the assessment process. No such issues were raised.