Faculty of Advocates
Encyclopedia
The Faculty of Advocates is an independent body of lawyer
s who have been admitted to practise as advocate
s before the courts of Scotland
, especially the Court of Session
and the High Court of Justiciary
. The Faculty of Advocates is a constituent part of the College of Justice
and is based in Edinburgh
.
Advocate
s are privileged to plead in any cause before any of the courts of Scotland
, including the Sheriff Court
s and District Courts
, where counsel
are not excluded by statute
.
was set up by Act
of the Parliament of Scotland
, but its origins are believed to predate that event.
of England and Wales
.
The Faculty is self-regulating, and the Court of Session
delegates to it the task of preparing Intrants for admission as advocates. This task involves a process of examination and practical instruction known as devilling
, during which intrants benefit from intensive structured training in the special skills of advocacy. No-one can be presented to the court as suitable to be a practising advocate without satisfying these training requirements. The Faculty also provides for its members an ongoing programme of talks, seminars and conferences covering a wide range of topics.
and other advice agencies from across Scotland. (In order to devil a person has to first undergo a period of training in a solicitor
's office.)
. The taking of Silk, as assumption of the title of Queen's Counsel is commonly known, depends upon the prerogative of Her Majesty. This is exercised through the First Minister
upon the recommendation of the Lord Justice General. The Dean of Faculty is consulted in the course of this process. As a general rule, Silk is awarded to experienced Counsel, who are considered to have achieved distinction in full-time practice. The process of awarding silk has been the subject of some criticism.
the Advocates' Library
, often regarded as the finest working law library
in the United Kingdom
.
.
's Copyright Act
gave the Keeper of the Library the right to claim a copy of every book published in the British Isles. The collection was enhanced by purchase and donation, particularly of continental imprint
s and of manuscript
s.
The Advocates Library came to be recognised as the natural depository for literary materials of national importance. By the 1850s the Library had become in effect Scotland's national library. In 1925 the National Library of Scotland
was established when the Faculty gifted to the nation its whole non-law collections comprising 750,000 book
s, pamphlet
s, manuscript
s, map
s and sheet music
. The Advocates Library has retained the copyright privilege for law publications.
In recent years the Advocates Library has expanded to take account of the increase in membership of the Faculty. Advances in technology have been embraced with the installation of a new library management system, incorporating an on-line catalogue, which further enhances the services the library offers.
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s who have been admitted to practise as advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
s before 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....
, especially the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
and the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
. The Faculty of Advocates is a constituent part of 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...
and is based in Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
.
Advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
s are privileged to plead in any cause before any of the courts of Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, including the Sheriff Court
Sheriff Court
Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:*Solemn and Summary Criminal cases...
s and District Courts
District Courts of Scotland
A District Court was the least authoritative type of criminal court in Scotland. The court operated under summary procedure and dealt primarily with minor criminal offences...
, where counsel
Counsel
A counsel or a counselor gives advice, more particularly in legal matters.-U.K. and Ireland:The legal system in England uses the term counsel as an approximate synonym for a barrister-at-law, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers...
are not excluded by statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
.
History
The Faculty has existed since 1532 when the College of JusticeCollege 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...
was set up by Act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of Scotland
Parliament of Scotland
The Parliament of Scotland, officially the Estates of Parliament, was the legislature of the Kingdom of Scotland. The unicameral parliament of Scotland is first found on record during the early 13th century, with the first meeting for which a primary source survives at...
, but its origins are believed to predate that event.
Organisation and governance
The Faculty is led by its Dean (currently Richard Keen, Q.C.), who is elected by the whole membership, supported by the Vice-Dean, Treasurer, Clerk, Keeper of the Library and Chairman of Faculty Services Ltd, all of whom are also elected. There is no standing council as with the BarBar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
of England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
.
The Faculty is self-regulating, and the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
delegates to it the task of preparing Intrants for admission as advocates. This task involves a process of examination and practical instruction known as devilling
Devilling
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.-Scotland:...
, during which intrants benefit from intensive structured training in the special skills of advocacy. No-one can be presented to the court as suitable to be a practising advocate without satisfying these training requirements. The Faculty also provides for its members an ongoing programme of talks, seminars and conferences covering a wide range of topics.
Free Legal Services Unit
During the period of devilling, trainee Advocates carry out work for the Free Legal Services Unit (FLSU). This is part of the Faculty's long standing commitment to providing access to justice for everyone in society. The FLSU enables qualified persons to provide advice and representation to clients of Citizens Advice BureauCitizens Advice Bureau
A Citizens Advice Bureau is one of a network of independent charities throughout the UK that give free, confidential information and advice to help people with their money, legal, consumer and other problems....
and other advice agencies from across Scotland. (In order to devil a person has to first undergo a period of training in a solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
's office.)
Current membership
The Faculty includes practising and non-practising members. The current practising Bar includes an increasing proportion of women. Women make up approximately one quarter practising membership. Total numbers now stand at just over 460, of whom approximately one fifth are 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...
. The taking of Silk, as assumption of the title of Queen's Counsel is commonly known, depends upon the prerogative of Her Majesty. This is exercised through the First Minister
First Minister of Scotland
The First Minister of Scotland is the political leader of Scotland and head of the Scottish Government. The First Minister chairs the Scottish Cabinet and is primarily responsible for the formulation, development and presentation of Scottish Government policy...
upon the recommendation of the Lord Justice General. The Dean of Faculty is consulted in the course of this process. As a general rule, Silk is awarded to experienced Counsel, who are considered to have achieved distinction in full-time practice. The process of awarding silk has been the subject of some criticism.
Advocates' Library
For more than 300 years, the Faculty has maintained within Parliament HouseParliament House, Edinburgh
Parliament House in Edinburgh, Scotland, was home to the pre-Union Parliament of Scotland, and now houses the Supreme Courts of Scotland. It is located in the Old Town, just off the Royal Mile, opposite St Giles Cathedral.-Parliament Hall:...
the Advocates' Library
Advocates' Library
The Advocates' Library is a law library belonging to the Faculty of Advocates in Edinburgh, founded in 1682. Until 1925 it was the deposit library for Scotland, after which the role was taken on by the National Library of Scotland....
, often regarded as the finest working law library
Law library
A law library is a library designed to assist law students, attorneys, judges, and their law clerks and anyone else who finds it necessary to correctly determine the state of the law....
in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
Range of materials
A comprehensive range of materials has been built up over the last three hundred years, and a modern library management system utilising the latest technology, ensure that the Advocates Library is able to meet the increasingly complex needs of members of the Faculty of Advocates. In addition, the library's stock is made available to others via the National Library of ScotlandNational Library of Scotland
The National Library of Scotland is the legal deposit library of Scotland and is one of the country's National Collections. It is based in a collection of buildings in Edinburgh city centre. The headquarters is on George IV Bridge, between the Old Town and the university quarter...
.
History
The Library was formally inaugurated in 1689. From the start the collection was a general one. In 1709 the status of the collection was confirmed when Queen AnneAnne of Great Britain
Anne ascended the thrones of England, Scotland and Ireland on 8 March 1702. On 1 May 1707, under the Act of Union, two of her realms, England and Scotland, were united as a single sovereign state, the Kingdom of Great Britain.Anne's Catholic father, James II and VII, was deposed during the...
's Copyright Act
Statute of Anne
The Statute of Anne was the first copyright law in the Kingdom of Great Britain , enacted in 1709 and entering into force on 10 April 1710...
gave the Keeper of the Library the right to claim a copy of every book published in the British Isles. The collection was enhanced by purchase and donation, particularly of continental imprint
Imprint
In the publishing industry, an imprint can mean several different things:* As a piece of bibliographic information about a book, it refers to the name and address of the book's publisher and its date of publication as given at the foot or on the verso of its title page.* It can mean a trade name...
s and of manuscript
Manuscript
A manuscript or handwrite is written information that has been manually created by someone or some people, such as a hand-written letter, as opposed to being printed or reproduced some other way...
s.
The Advocates Library came to be recognised as the natural depository for literary materials of national importance. By the 1850s the Library had become in effect Scotland's national library. In 1925 the National Library of Scotland
National Library of Scotland
The National Library of Scotland is the legal deposit library of Scotland and is one of the country's National Collections. It is based in a collection of buildings in Edinburgh city centre. The headquarters is on George IV Bridge, between the Old Town and the university quarter...
was established when the Faculty gifted to the nation its whole non-law collections comprising 750,000 book
Book
A book is a set or collection of written, printed, illustrated, or blank sheets, made of hot lava, paper, parchment, or other materials, usually fastened together to hinge at one side. A single sheet within a book is called a leaf or leaflet, and each side of a leaf is called a page...
s, pamphlet
Pamphlet
A pamphlet is an unbound booklet . It may consist of a single sheet of paper that is printed on both sides and folded in half, in thirds, or in fourths , or it may consist of a few pages that are folded in half and saddle stapled at the crease to make a simple book...
s, manuscript
Manuscript
A manuscript or handwrite is written information that has been manually created by someone or some people, such as a hand-written letter, as opposed to being printed or reproduced some other way...
s, map
Map
A map is a visual representation of an area—a symbolic depiction highlighting relationships between elements of that space such as objects, regions, and themes....
s and sheet music
Sheet music
Sheet music is a hand-written or printed form of music notation that uses modern musical symbols; like its analogs—books, pamphlets, etc.—the medium of sheet music typically is paper , although the access to musical notation in recent years includes also presentation on computer screens...
. The Advocates Library has retained the copyright privilege for law publications.
In recent years the Advocates Library has expanded to take account of the increase in membership of the Faculty. Advances in technology have been embraced with the installation of a new library management system, incorporating an on-line catalogue, which further enhances the services the library offers.