Genealogy clinic

Published on Wednesday 26 April 2006 01:21

Q I believe that one of my ancestors was a solicitor or advocate in Scotland. Is there a difference and is it possible to trace the career of a lawyer in Scotland in the 18th or 19th century? R Heslop (by e-mail)

A There were two principal categories of lawyers in Scotland: advocates, who were the only ones who could plead in the Court of Session, the supreme court; and solicitors, who used to be known as "writers" and may also be referred to as "law agents". You may also find law agents who plead cases in sheriff and other inferior courts referred to as "procurators".

Judges are usually appointed from the ranks of advocates, and judges of the Court of Session up to 1832 are described in Brunton and Haig's Senators of the College of Justice. Advocates are listed in The Faculty of Advocates, 1532-1943 (Scottish Records Society). Many solicitors or writers are listed in The Register of the Society of Writers to Her Majesty's Signet (The Society of Writers to the Signet). The procurators in Aberdeen, who call themselves advocates, are listed in the History of the Society of Advocates in Aberdeen (New Spalding Club, 1912). The names of lawyers also appear in various published law lists or directories, most notably the Scottish Law List which was previously called Index Juridicus and dates from 1848.

If you want to look for the evidence of the professional career of your legal ancestor, this will be found in the records of the court in which they operated. Court records are held by the National Archives of Scotland (NAS). The Books of Sederunt of the Court of Session (NAS ref: CS1) contain copies of the appointments of the Lords of Session (the judges) and court officers, and also of the admission of advocates. The records of many sheriff courts include lists of procurators authorised to plead in that court since 1874, and in some courts since the end of the 18th century. You should look for "Register of Procurators" or "Roll of Law Agents". These rolls are sometimes indexed and will usually give you the business address of the lawyer.

Many writers/solicitors were also notaries and therefore authorised to certify certain legal documents. The NAS also holds the Register of Admission of Notaries (NAS ref: NO2), which starts in 1563 and ends in 1873. All the entries in the Register of Notaries give the name and designation of the notary. Some of the earliest entries give his place of birth and state whether he is married or not. Up to 1738, his age is usually given. After that date, the name of the notary's father is sometimes given, so this can be a very useful source for the family historian.

• If you have a question for the Genealogy Clinic e-mail the team at [e-mail] We will endeavour to deal with all enquiries as quickly as possible, but we regret that we cannot enter into personal correspondence.

• ScotlandsPeople is a partnership between the General Register Office for Scotland, the National Archives of Scotland and the Court of the Lord Lyon.