Faculty of Advocates

Faculty of Advocates
Motto Suum cuique
Formation 1532
Headquarters Parliament House
Location
Membership
730
Dean of Faculty
 Gordon Jackson QC
Parent organization
 College of Justice
Website www.advocates.org.uk

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 Faculty of Advocates is a constituent part of the College of Justice and is based in Edinburgh.

Advocates are privileged to plead in any cause before any of the courts of Scotland, including the Sheriff Courts and District Courts, where counsel are not excluded by statute.

History

The Faculty has existed since 1532 when the College of Justice was set up by Act of the Parliament of Scotland, but its origins are believed to predate that event.

Organisation and governance

The Faculty is led by the Dean of Faculty, who is elected by the whole membership. The post is currently held by Gordon Jackson (politician), who took over in 2016 from James Wolffe. He is supported by the Vice-Dean, Treasurer, Clerk, Keeper of the Library (currently Mungo Bovey) and Chairman of Faculty Services Ltd, all of whom are also elected. There is no standing council as with the Bar association 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.

Free Legal Services Unit

Many Advocates and 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 accredited advice agencies (including CAS) across Scotland. (In order to devil a person has to first undergo a period of training in a solicitor'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 Counsel. 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 of Scotland 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

Main article: Advocates Library

For more than 300 years, the Faculty has maintained within Parliament House the Advocates Library, often regarded as the finest working law library in the United Kingdom.

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 Scotland.

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 Anne'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 imprints and of manuscripts.

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 books, pamphlets, manuscripts, maps 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.

See also

References and sources

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    External links

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