Advocate General for Scotland's Standing Junior Counsel
How the Office of the Advocate General (OAG) appoints and works with legal counsel.
Documents
Details
Overview
The Office of the Advocate General for Scotland (OAG) maintains a panel of advocates and solicitor advocates who provide advocacy and advisory services on behalf of UK Government departments in Scotland. This panel is known as the Advocate General for Scotland’s panel of Standing Junior counsel.
The panel is designed to ensure that UK Government departments can access high-quality representation in civil litigation in Scotland and advice on Scots law. Standing Junior counsel are appointed to a single panel that covers all UK Government departments. The panel provides services across a wide range of legal matters for all UK Government departments including:
- Home Office
- HM Revenue and Customs
- Ministry of Defence
- Department for Work and Pensions
The Advocate General for Scotland makes appointments to the panel following appointment processes run on the basis of open competition, and with appointment made on the basis of merit. The current panel has 25 members, who were appointed in 2024. Current panel appointments expire in September 2028.
Appointment to the panel is run every 2 years, with appointments made for a period of 4 years. OAG intend to carry out an appointment process in Autumn 2026, appointing standing junior counsel to supplement the existing panel. We will confirm arrangements about the next appointment process following this in due course, but we currently expect to begin that next process in Spring 2028.
Equality, Diversity, and Inclusion
Appointments are made on merit and through fair and open competition. The Advocate General appoints the best applicants solely on merit, irrespective of age, disability, gender reassignment, marriage and civil partnership status, pregnancy and maternity, race, religion/belief, sex (gender), and sexual orientation.
OAG encourages applications from candidates with diverse backgrounds and experiences.
The panel appointment process is carried out in accordance with the principles of the Public Sector Equality Duty (PSED) which was created under the Equality Act 2010. OAG is required to have due regard to the need to achieve the objectives set out under s149 of the Equality Act 2010 in carrying out its functions. The PSED requires that public bodies have due regard to the need to:
- eliminate discrimination
- advance equality of opportunity
- foster good relations between different people when carrying out their activities
For more information on PSED please see guidance here on GOV.UK.
Panel Membership
A current list of Standing Junior counsel will be published and updated periodically.
The members of the current panel of Standing Juniors are as follows:
- Adam McKinlay
- Alan Cowan
- Andrew Crawford
- Andrew Crosbie
- Ayla Iridag
- Carla Fraser
- Christopher Stephen
- Clara Smeaton
- David Massaro
- Elisabeth Roxburgh
- Gavin Dingley
- Giles Reid
- Graham Maciver
- Graham R Middleton
- Grant Markie
- Kirsty Tyre
- Mark Hastings
- Megan Dewart
- Neale Tosh
- Rachel Breen
- Roddy MacLeod
- Ross Anderson
- Scott Clair
- Simon Crabb
Panel Leadership Roles
First Standing Junior Counsel
The First Standing Junior counsel provides leadership and oversight for the panel, coordinating the work of other Standing Junior counsel and liaising with OAG on operational matters.
The current First Standing Junior is Graham Maciver.
Second Standing Junior Counsel
The Second Standing Junior counsel supports the First Standing Junior counsel, including:
- facilitating communication between the panel and the OAG
- assisting with training and professional development
- contributing to dissemination of legal updates
The current Second Standing Junior is Roddy MacLeod.
Work Undertaken by panel
Standing Junior counsel may appear in all courts and tribunals that sit in Scotland, including the Court of Session and sheriff courts, representing UK Government departments in civil proceedings. Areas of work that panel members may be instructed in include public law, personal injury, tax, commercial, and immigration matters, but the needs of government mean that there will be a range of different work available, so there is a requirement for panel members to be able to deal with different areas of work when the need arises.
Panel members are also called upon to provide legal advice on Scots law issues affecting UK Government policy and operations, and advise on litigation strategy, risk assessment, and the development of legal arguments.
How counsel are instructed
Instructions to panel members are issued by OAG, and in certain types of work instructions may be issued directly by private practice law firms who have been appointed to act for the UK Government in different subject areas, such as personal injury. Standing Junior counsel are expected to accept instructions appropriate to their expertise and be available for court work.
Eligibility for appointment to the panel
Appointments are open to:
- members of the Faculty of Advocates
- solicitor advocates with rights of audience in the Court of Session
Applicants must not hold positions that could create a conflict of interest with their duties as Standing Junior Counsel.
Appointment Process
OAG make appointments to the panel on the basis of merit through open competition. OAG is reviewing its appointment processes and what applicants may be required to provide or demonstrate as part of the application process.
OAG will share details on this website when details of the next appointment process have been confirmed. It is currently envisaged that the next appointment process will open for applications in Spring 2028 at the latest.
Rates
Panel counsel rates with effect from 1 October 2026 are £120 per hour
The Advocate General has committed to reviewing the rates every two years.
Terms of appointment
Counsel are expected to:
- maintain professional standards
- comply with professional conduct rules
- manage conflicts of interest
- accept instructions within their areas of competence
- be available for court and advisory work
Further terms and conditions are set out in appointment letters.
Use of non-panel counsel
While Standing Junior counsel form the primary pool for instruction, non-panel counsel may occasionally be instructed exceptionally where additional expertise or capacity is required, or where there are other applicable justifications. Any such instructions will follow OAG’s internal approval processes.
Complaints and conduct
Concerns regarding conduct or performance should be raised with OAG in accordance with our complaints procedure, which can be found here. Complaints will be considered according to applicable procedures and, where necessary, may be referred to professional bodies.
Privacy Notice
The Privacy Notice for OAG’s last round of recruitment to the panel of Standing Juniors is available here.