Devilling
Encyclopedia
Devilling is the period of training, pupillage
or junior work undertaken by a person wishing to become an advocate in one of the legal systems of the United Kingdom or Ireland.
.
The process has an ancient heritage, and it is the legal right of the Faculty of Advocates to admit persons as advocates to the Courts of Scotland
. This right was apparently granted by the College of Justice
.
, during which they work for a senior barrister (one who has been called for seven or more years but who is not a senior counsel
), known as the "master". It can take place during the year after which the devil has been awarded the barrister-at-law degree by the King's Inns
although it may be done later. In order to have full rights of audience in the Irish Courts a qualified barrister must devil for at least one year.The work is generally unpaid and there is no obligation on the Master to pay the Devil. A barrister who has not completed his devilling may, nonetheless,be recognised as fully qualified by the bar associations of other EEA member states and practise in those member states in accordance with the relevant EU directives.
http://www.publications.parliament.uk/pa/cm199900/cmselect/cmhaff/856/0072509.htm but it is nonetheless one of the most prestigious of legal appointments and almost inevitably leads to appointment as a High Court Judge
.
While it is true that the Treasury Devil is not a Queen's Counsel, in fact becoming Treasury Devil is much more prestigious than taking silk (becoming a Queen's Counsel). It is simply a tradition of the bar that the Treasury Devil does not take silk.
Pupillage
A pupillage, in England and Wales, Northern Ireland and Ireland, is the barrister's equivalent of the training contract that a solicitor undertakes...
or junior work undertaken by a person wishing to become an advocate in one of the legal systems of the United Kingdom or Ireland.
Scotland
The prospective advocate is placed under the care of a devilmaster who traditionally must not be a Queen's Counsel, and then follows a programme of training as laid down by the Faculty of AdvocatesFaculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary...
.
The process has an ancient heritage, and it is the legal right of the Faculty of Advocates to admit persons as advocates to the Courts of Scotland
Courts of Scotland
The civil, criminal and heraldic Courts of Scotland are responsible for the administration of justice. They are constituted and governed by Scots law....
. This right was apparently granted by the College of Justice
College of Justice
The College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies.The constituent bodies of the supreme courts of Scotland are the Court of Session, the High Court of Justiciary, and the Accountant of Court's Office...
.
Ireland
Devilling is a period of training undertaken by barristers in IrelandRepublic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, during which they work for a senior barrister (one who has been called for seven or more years but who is not a senior counsel
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
), known as the "master". It can take place during the year after which the devil has been awarded the barrister-at-law degree by the King's Inns
King's Inns
The Honorable Society of King's Inns , is the institution which controls the entry of barristers-at-law into the justice system of Ireland...
although it may be done later. In order to have full rights of audience in the Irish Courts a qualified barrister must devil for at least one year.The work is generally unpaid and there is no obligation on the Master to pay the Devil. A barrister who has not completed his devilling may, nonetheless,be recognised as fully qualified by the bar associations of other EEA member states and practise in those member states in accordance with the relevant EU directives.
England and Wales
The term is used in the English legal system to refer to a junior barrister undertaking paid written work on behalf of a more senior barrister. The instructing solicitor is not informed of the arrangement and the junior barrister is paid by the senior barrister out of his own fee as a private arrangement between the two. This is one of the exceptions to the usual prohibition on fee sharing under the Code of Conduct for Barristers in England and Wales.Treasury Devil
The "Treasury Devil" is the colloquial term for the First Junior Treasury Counsel , a private practitioner barrister who represents Her Majesty's Government in the civil courts. Traditionally the First Junior Treasury Counsel is not appointed Queen's CounselQueen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
http://www.publications.parliament.uk/pa/cm199900/cmselect/cmhaff/856/0072509.htm but it is nonetheless one of the most prestigious of legal appointments and almost inevitably leads to appointment as a High Court Judge
High Court judge
A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
.
While it is true that the Treasury Devil is not a Queen's Counsel, in fact becoming Treasury Devil is much more prestigious than taking silk (becoming a Queen's Counsel). It is simply a tradition of the bar that the Treasury Devil does not take silk.