Optimum Advocates are delighted to announce that four members of our stable have been appointed to the rank and dignity of King’s Counsel this year; Louise Arrol, Lorraine Glancy, John McElroy and Paul Nelson.

Louise, Lorraine, John and Paul were among the 16 new silks that were appointed this year.

Louise currently has an extremely busy criminal law practice and is extremely well versed in the preparation of cases with complex evidence such as cell site analysis, firearms discharge residue, surveillance, use of trackers and DNA.  Louise has also built up an extensive practice defending sexual crimes. It is without doubt that she is one of the most instructed counsel in this area, having defended numerous rape trials. She regularly prepares and argues applications under section 275 of the Criminal Procedure (Scotland) and has already conducted examination of many witnesses giving evidence on commission. In particular, she has specialism dealing with complicated psychiatric, psychological and medical evidence in sexual abuse cases. She has particular specialism dealing with accused persons who have psychological and psychiatric conditions.

Lorraine is currently a full time Advocate Depute.  Prior to joining Crown Office earlier this year, Lorraine was instructed in a wide variety of criminal trials, including attempted murder, fraud, computer crime, indecent images and misuse of drugs but with a particular emphasis on cases involving allegations of sexual misconduct, rape and allegations of historical sexual abuse.

John is also currently a full time Advocate Depute.  Prior to joining Crown Office in October 2021, John had substantial experience in all aspects of the practice of criminal law from first interview with accused persons to running cases in the Judicial Committee of the Privy Council.  He practised as a Solicitor Advocate from 2000 until he called at the Bar in June 2013.

Paul also has an extremely busy criminal practice.  Paul has been instructed, as leading or sole counsel, to defend a wide range of the more serious crimes known to the law of Scotland, these include murder, attempted murder, rape, fraud, serious and organised crime offences, etc.  Paul has a wide knowledge of and interest in forensic medicine and science in general and, in particular, the use of DNA evidence, and the limitations of such evidence.  That knowledge has been applied for the benefit of those for whom he has been instructed in a number of cases that have turned on the successful cross-examination of forensic scientists and doctors.

Practice Manager, Angela Bath said “We are delighted for Louise, Lorraine, John and Paul on their appointment as King’s Counsel.  They have all worked extremely hard to achieve this elevation and it is very well deserved.  We wish them all the best in the next chapter of their legal careers as Senior Counsel.”

This evening the members and staff of Optimum Advocates join the nation in mourning the passing of Her Majesty Queen Elizabeth II. None of us have a memory of anything other than the second Elizabethan era, and as such feel with great sadness, the loss felt by all of Her Majesty’s subjects, by others within the Commonwealth of Nations, and by the World at large. It is doubtful if any head of state, alive or dead, has ever offered such a constant figure of stability to so many, and this she did with persistent grace, dedication and humility. The thoughts of all of us are with her family who seamlessly carry on her legacy.

The seamless succession of the Monarchy is such that we have this evening amended the post-nominals of our Senior members to reflect that they are now His Majesty’s Counsel.

Long Live the King.

Louise Arrol was appointed for a five-year term by the Lord Justice General, after consulting the Scottish Ministers, to the Scottish Sentencing Council as Advocate Member on 28th July 2022.

Niall Raymund McCluskey July 1968 to April 2022

The entire membership of Optimum Advocates was both shocked and saddened to learn, this morning, of the death of one of its members, Niall McCluskey. In his untimely death at the age of 53, we have lost true character, and inestimable colleague.

Niall was admitted to Faculty in 1995, having served in The Crown Office and Procurator Fiscal Service following his graduation from Aberdeen University, and having spent time as a defence solicitor in Edinburgh. Called to The Bar at the age of 27, as a young advocate, Niall readily accepted instruction at both first instance and in the appeal court. This prepared him well for the incorporation of the European Convention on Human Rights into domestic law from 1999, a development over which Niall enthused, and effectively gilded his already well-honed reputation. This new dawn also drew Niall into other areas of law to which the Convention was applied, and in particular extradition cases, where he became one of the most experienced Counsel in that field. But the Convention was not simply an area of Law to Niall. It represented his compassion for his fellow man, and genuine sense of humanity. His sense of giving was manifest in all aspects of his life, and he gave of himself unconditionally to those who devilled to him. He also took time to contribute to the effective training of his peers, and ensured his knowledge and that of his fellow lawyers was made available to others.

Today, however, as a stable, we mourn the man beneath the wig. He was a man full of fun, compassion, wit and good humour. He will be remembered as a worthy opponent, and above, all, a loyal and generous friend.

Not for the first time, the Gown Room has lost one of its characters.

But our sense loss is inconsequential to that of a family which has lost a husband, and father. Our thoughts are with his immediate family and loved ones beyond.

May he rest in peace.

Niall’s close friend, university peer and in recent decades, colleague Dale Hughes, Advocate had this to say of Niall:-

I first met Niall at University when, like the other callow youths, we knew so little and partied a bit too much. He was even then a larger-than-life character with a ready enthusiasm and not a little charisma.

Niall could talk -for hours on end! : about Law- he was so articulate and a very gifted and clever thinker, and many colleagues sought his sensible views on court strategy; about books – he was an avid reader on politics  philosophy and other current world topics ; about music – he had an encyclopaedic knowledge of music and loved live gigs. I spent many a happy night at Barrowlands with him among crowds who were mostly our children’s age.

Niall started off his career in Crown Office, was briefly a defence agent and went to the Bar early. He quickly gained a stellar reputation and was one of the busiest and best senior- juniors at the criminal bar. He served as an advocate depute and also was involved in many significant appeal and extradition cases – such was his breadth of talent.

Above all he was a decent and humane man who cared passionately about people; his vocation and justice for all accused to get a fair trial which is the key facet for this tough job we do. He was highly articulate and was equally adept in the appeal court as the trial arena in front of juries. It goes without saying he always did the best possible for clients without compromise.

Always modest of his achievements during his long and distinguished career at the Bar – he could easily have taken Silk – he also found time, in his busy life, for his many friends and interests such as sport, music, literature and current affairs.

Personally, I will miss him terribly as will all his colleagues and friends at the Bar. The tragic loss of another very able, kind and decent man is hard to bear coming in the wake of the recent loss of Stephen. It is a sad reminder of the strains of life and this job we do, and the need to support each other.

My thoughts are with Jacqueline and the children at this most difficult and sad time.

Tony Graham QC, was elected as Chairman of Faculty Services Limited on 9th December 2021.

We are delighted for Tony on his recent appointment and are thankful for all of his hard work as stable director over the last 10 years.

We wish Tony all the best in his new role!

January 28th – CPD Seminar for the Glasgow Bar Association by Mark Moir

March 30th – CPD Seminar on Family Law to CLAO by Rosemary Guinnane

October 29th – CPD Seminar to the Kilmarnock Bar by Patricia Baillie

November 25th – CPD (via Zoom) “Remote Juries: The issues we face” by Donald Findlay QC

We are delighted for our Maryam Labaki who has been appointed as a Part-Time  Sheriff in Dunfermline.  We wish Maryam all the best for the best in her new chapter.

We are delighted that our Mark Moir has been appointed to the rank and dignity of Queens Counsel.

We are thrilled for our Gillian Ross on her appointment as Deputy Director of Training and Education at the Faculty of Advocates.