A term frequently applied to lawyers practising in the courts as professional representatives of those who bring or defend a case. Although in the magistrates' courts and county courts both barristers and solicitors have the right to appear, in most higher courts in England and Wales barristers have sole rights to appear for clients. However, the Courts and Legal Services Act 1990 permits solicitors with experience to obtain advocacy qualifications in the higher courts. In Scotland, the term is used as an equivalent to an English barrister, and denotes exclusive right of audience before the superior courts. Also in Scotland, since 1993, a hybrid form of lawyer called a solicitor advocate has been created from existing solicitors who, on passing further examinations, is permitted to appear in the High Court or the Court of Session. These senses are not found in other jurisdictions.
Scotland
Advocates, members of the Faculty of Advocates, are counsel who are licensed to present cases in the supreme courts of Scotland: the Court of Session and High Court of Justiciary.
Faculty of Advocates
Advocates are regulated by the Faculty of Advocates in Edinburgh. The Faculty of Advocates has about 750 members, of whom about 460 are in private practice.
The Faculty has a service company, Faculty Services Ltd, to which almost all advocates belong and which organises the stables and fee collection. There is an agreement with the Law Society of Scotland, which is the professional body for Scottish solicitors, about the payment of fees, as traditionally advocates were not permitted to sue for their fees because these were honoraria.
Independent working
Advocates do not operate in chambers; they are entirely independent, although organised in eleven 'stables' for administrative purposes, and work out of the Advocates Library in Parliament House where the Court of Session is situated, in a similar way to barristers in the Republic of Ireland and Northern Ireland.
Becoming an advocate
The process of becoming an advocate is referred to as devilling.
Devilling
Devilling, as the period of pupillage or training to become an advocate is generally known, lasts between eight and nine months, and comprises a mix of skills training courses and time spent working with a devilmaster.
All devils have a principal devilmaster who is a practising member of the junior bar of at least seven years standing, and working primarily in civil practice.
In order to take a devil, a devilmaster must be approved by the Dean of Faculty.
Devils are expected to attend court with their devilmasters, and to attend consultations with solicitors instructing their devilmaster and with the solicitors' clients.
During the period of devilling, devils also carry out work for the Free Representation Unit.
Admission to the Faculty of Advocates
At the end of the devilling period, a devil's admission to the Faculty is dependent on certification by his or her principal devilmaster that the devil is a fit and proper person to be an advocate, and that the devil has been involved in a wide range of work in the course of his or her devilling. A devil's competence in a number of aspects of written and oral advocacy is assessed during devilling, and if a devil is assessed as not to be competent, he or she will not be admitted to the Faculty.
Recent developments
In recent years, more advocates have come to the Scottish Bar after some time as solicitors, but it is possible to qualify with a law degree, after a year's traineeship in a solicitor's office and almost a year as a 'devil', or apprentice advocate.
Every year, a number of young European lawyers have a placement with advocates under the European Young Lawyers Scheme organised by the British Council.
Professional development
Since the Faculty began to offer skills training to devils and members in 1994, the programme, particularly for devils has developed extensively and continues to evolve, and is now recognised as one of the best in the world. Members of Faculty have regularly travelled to the United States, Australia, South Africa, England and Ireland to take part in advocacy training events, while the Faculty has welcomed leading advocacy instructors from those countries to Scotland.
Every member admitted to the Faculty since 1995 has undertaken some form of skills training. Over the life of the programme so far more than 60 members have been trained as instructors, and they give freely of their time and experience to train new generations of advocates.
Lawyers in other EU states (but not England and Wales) may have limited rights of audience in the Scottish supreme courts if they appear with an advocate, and a few solicitors known as 'solicitor-advocates' have rights of audience, but for practical purposes advocates have almost exclusive rights of audience.
Some well-known advocates
Some well known Scottish advocates are John Balfour, Alexander Boswell, James Boswell, David Dalrymple, Henry Home and Alexander Wedderburn.
Advocates in the Channel Islands
Advocates, properly called Advocates of the Royal Court, are the only lawyers with rights of audience in the Channel Islands.
Advocates in England and Wales
In England and Wales Advocates were counsel in the ecclesiastical courts.
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