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The Faculty of Advocates is an independent body of
lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicit ...
s who have been admitted to practise as
advocate An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However ...
s before the courts of Scotland, especially the
Court of Session The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburg ...
and the
High Court of Justiciary The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cour ...
. The Faculty of Advocates is a constituent part of the
College of Justice The College of Justice includes the Supreme Courts of Scotland, and its associated bodies. The constituent bodies of the national supreme courts are the Court of Session, the High Court of Justiciary, the Office of the Accountant of Court, an ...
and is based in
Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...
.
Advocate An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However ...
s are privileged to plead in any cause before any of the courts of
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
, including the sheriff courts and district courts, where
counsel A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''. The word ''counsel'' can also mean advice given ...
are not excluded by
statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by ...
.


History

The Faculty has existed since 1532 when the
College of Justice The College of Justice includes the Supreme Courts of Scotland, and its associated bodies. The constituent bodies of the national supreme courts are the Court of Session, the High Court of Justiciary, the Office of the Accountant of Court, an ...
was set up by Act of the
Parliament of Scotland The Parliament of Scotland ( sco, Pairlament o Scotland; gd, Pàrlamaid na h-Alba) was the legislature of the Kingdom of Scotland from the 13th century until 1707. The parliament evolved during the early 13th century from the king's council o ...
, but its origins are believed to predate that event. No curriculum of study, residence or professional training was, until 1856, required on entering this profession, but the faculty always had the power of rejecting any candidate for admission. Subsequently candidates underwent two private examinations; one in general scholarship that could be substituted by evidence of an equivalent university degree, and the other, at the interval of a year, in
Roman Roman or Romans most often refers to: * Rome, the capital city of Italy * Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of ancient Rome *''Epistle to the Romans'', shortened to ''Romans'', a lett ...
, private international and
Scots law Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland ...
, along with evidence of having attended approved classes. For a long period the Faculty resisted reorganisation, until changes in admissions were introduced in 1960. The first woman to be admitted to the faculty was
Margaret Kidd Dame Margaret Henderson Kidd, Mrs MacDonald (14 March 1900 – 22 March 1989) was a Scottish legal advocate, editor and politician. She was the first woman to become a member of the Faculty of Advocates, the first woman advocate to appear befor ...
in July 1923, who remained Scotland's only female advocate until 1948. Kidd served as Keeper of the Advocates' Library 1956–1969. In 2004 the first female vice-dean of the faculty was elected.


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 Roddy Dunlop KC, who succeeded Gordon Jackson in July 2020. He is supported by the Vice-Dean, Treasurer, Clerk, Keeper of the Library and Chairman of Faculty Services Ltd, all of whom are also elected. The Dean regularly consults with Faculty Council, which is made up of elected and ex officio members. The Faculty is self-regulating, but subject to the overriding supervision of the Lord President of the
Court of Session The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburg ...
, who 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 A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
'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
King's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...
. The taking of Silk, as assumption of the title of King's Counsel is commonly known, depends upon the prerogative of His Majesty. This is exercised through the
First Minister of Scotland The first minister of Scotland ( sco, heid meinister o Scotland; gd, prìomh mhinistear na h-Alba ) is the head of the Scottish Government and keeper of the Great Seal of Scotland. The first minister chair ...
upon the recommendation of the
Lord Justice General Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
. 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 House the
Advocates Library The Advocates Library, founded in 1682, is the law library of the Faculty of Advocates, in Edinburgh. It served as the national deposit library of Scotland until 1925, at which time through an Act of Parliament the National Library of Scotland ...
, often regarded as the finest working law library in the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
.


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 The National Library of Scotland (NLS) ( gd, Leabharlann Nàiseanta na h-Alba, sco, Naitional Leebrar o Scotland) is the legal deposit library of Scotland and is one of the country's National Collections. As one of the largest libraries in t ...
.


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
imprint Imprint or imprinting may refer to: Entertainment * ''Imprint'' (TV series), Canadian television series * "Imprint" (''Masters of Horror''), episode of TV show ''Masters of Horror'' * ''Imprint'' (film), a 2007 independent drama/thriller film ...
s and of
manuscript A manuscript (abbreviated MS for singular and MSS for plural) was, traditionally, any document written by hand – or, once practical typewriters became available, typewritten – as opposed to mechanically printed or reproduced i ...
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 The National Library of Scotland (NLS) ( gd, Leabharlann Nàiseanta na h-Alba, sco, Naitional Leebrar o Scotland) is the legal deposit library of Scotland and is one of the country's National Collections. As one of the largest libraries in t ...
was established when the Faculty gifted to the nation its whole non-law collections comprising 750,000
book A book is a medium for recording information in the form of writing or images, typically composed of many pages (made of papyrus, parchment, vellum, or paper) bound together and protected by a cover. The technical term for this physical ...
s,
pamphlet A pamphlet is an unbound book (that is, without a hard cover or binding). Pamphlets may consist of a single sheet of paper that is printed on both sides and folded in half, in thirds, or in fourths, called a ''leaflet'' or it may consist of a ...
s,
manuscript A manuscript (abbreviated MS for singular and MSS for plural) was, traditionally, any document written by hand – or, once practical typewriters became available, typewritten – as opposed to mechanically printed or reproduced i ...
s (notably those of
Walter Scott Sir Walter Scott, 1st Baronet (15 August 1771 – 21 September 1832), was a Scottish novelist, poet, playwright and historian. Many of his works remain classics of European and Scottish literature, notably the novels '' Ivanhoe'', '' Rob Roy ...
), maps and
sheet music Sheet music is a handwritten or printed form of musical notation that uses musical symbols to indicate the pitches, rhythms, or chords of a song or instrumental musical piece. Like its analogs – printed books or pamphlets in English, ...
. The Advocates Library has retained the
copyright privilege The history of copyright starts with early privileges and monopolies granted to printers of books. The British Statute of Anne 1710, full title "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purc ...
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.


Deans of the Faculty of Advocates

The Dean of Faculty is the leader of the Faculty of Advocates. The Dean elected by the whole membership. Since 2000, the following have served as Dean: * 1997 to 2001: Nigel Emslie * 2001 to 2004: Colin Campbell * 2004 to 2007: Robert Logan "Roy" Martin'MARTIN, Robert Logan, (Roy)', '' Who's Who 2017'', A & C Black, an imprint of Bloomsbury Publishing plc, 2017; online edn, Oxford University Press, 2016; online edn, Nov 201
accessed 18 Oct 2017
/ref> * 2007 to 2014: Richard Keen * 2014 to 2016:
James Wolffe Walter James Wolffe FSAScot FRIAS (born 20 December 1962) is a Scottish advocate who served as Lord Advocate from 2016 to 2021. He previously served as Dean of the Faculty of Advocates from 2014 to 2016, and Vice-Dean of the Faculty of Ad ...
* 2016 to 2020: Gordon Jackson * 2020 to present Roddy Dunlop KC


See also

* Inns of Court, a roughly equivalent body for
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
*
King's Inns The Honorable Society of King's Inns ( ir, Cumann Onórach Óstaí an Rí) is the "Inn of Court" for the Bar of Ireland. Established in 1541, King's Inns is Ireland's oldest school of law and one of Ireland's significant historical environment ...
, a roughly equivalent body for the
Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. ...


References and sources

;References


External links

* {{Authority control Legal organisations based in Scotland Bar associations of Europe Organisations based in Edinburgh 1532 establishments in Scotland 16th century in Scotland College of Justice Organizations established in the 1530s Professional associations based in Scotland *