Faculty of Advocates Scholarships
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The Scottish Bar: the Evolution of the Faculty of Advocates in Its Historical Setting, 28 La
Louisiana Law Review Volume 28 | Number 2 February 1968 The cottS ish Bar: The volutE ion of the Faculty of Advocates in Its Historical Setting Nan Wilson Repository Citation Nan Wilson, The Scottish Bar: The Evolution of the Faculty of Advocates in Its Historical Setting, 28 La. L. Rev. (1968) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol28/iss2/5 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. THE SCOTTISH BAR: THE EVOLUTION OF THE FACULTY OF ADVOCATES IN ITS HISTORICAL SOCIAL SETTING Nan Wilson* Although the expression "advocate" is used in early Scottish statutes such as the Act of 1424, c. 45, which provided for legal aid to the indigent, the Faculty of Advocates as such dates from 1532 when the Court of Session was constituted as a College of Justice. Before this time, though friends of litigants could appear as unpaid amateurs, there had, of course, been professional lawyers, lay and ecclesiastical, variously described as "fore- speakers," procurators and prolocutors. The functions of advo- cate and solicitor had not yet been differentiated, though the notary had been for historical reasons. The law teacher was then essentially an ecclesiastic. As early as 1455, a distinctive costume (a green tabard) for pleaders was prescribed by Act of Parliament.' Between 1496 and 1501, at least a dozen pleaders can be identified as in extensive practice before the highest courts, and procurators appeared regularly in the Sheriff Courts.2 The position of notary also flourished in Scotland as on the Continent, though from 1469 the King asserted the exclusive right to appoint candidates for that branch of legal practice. -
Guide to Professional Conduct
FACULTY OF ADVOCATEADVOCATESSSS GUIDE TO THE PROFESSIONAL CONDUCT OF ADVOCATEADVOCATESSSS Published by the Faculty of Advocates, Parliament House, Edinburgh First Published June 1988 Second Edition January 2005 Third Edition June 2006 Fourth Edition August 2007 Fifth Edition October 2008 CONTENTS Chapter Introduction Note 1. The Status, Rights and Obligations of an Advocate 2. The General Principles of Professional Conduct 3. Duties in Relation to the Faculty and other Advocates 4. Duties in Relation to the Instructing Agent 5. Duties in Relation to the Client 6. Duty to the Court and Duties Connected with Court and Similar Proceedings 7. Duty to Seek Advice 8. Instructions 9. Fees 10. Advertising, Publicity, Touting and Relations with the Media 11. Discipline 12. Dress 13. Duties of Devilmaster 14. Continuing Professional Development 15. Discrimination 16. Non Professional Activities of Practising Advocate 17. Advocates Holding a Public Office and Non-practising Advocates 18 . Work Outside Scotland 19. European Lawyers Appearing in Scotland 20. Registered European Lawyers 21. Precedence of Counsel of Other Bars 22. Proceeds of Crime Act 2 Appendices Appendix A The Declaration of Perugia Appendix B Code of Conduct for European Lawyers produced by the CCBE Appendix C Faculty of Advocates Continuous Professional Development Regulations Appendix D Direct Access Rules and associated documents Appendix E Guidance in relation to Proceeds of Crime and Money Laundering 3 INTRODUCTION The work of an Advocate is essentially the work of an individual practitioner whose conscience, guided by the advice of his seniors, is more likely to tell him how to behave than any book of rules. In places in this Guide, it has been found convenient to state "the rule" or "the general rule". -
The Legal Profession in Scotland
THE LEGAL PROFESSION IN SCOTLAND. HE LEGAL PROFESSION IN SCOTLAND. II. THE PRACTITIONERS. The division of the legal profession in Scotland into barris. ters and solicitors is comparatively modern. The first lawyers of whom there is any trace in Scotland were the Imperial or apostolic Notaries admitted by the Emperor of the Holy Roman Empire or by the Pope. In the early middle ages we find them coming from the Continent to Scotland and employed in drawing up important deeds and protocols and acting as clerks to the Courts and in arbitrations. For long there appear to have been no native Notaries. The first notice we have of these is in the later middle ages, in 1469, when Parliament pro- vided that Notaries were no longer to be made by the Emperor but were to be admitted by the King-the Bishops first examin- ing and certifying them. For some time after this Clerical Notaries continued to act, and it is only after the institution of the Court of Session in 1537 that purely lay Notaries appear, that Court having assumed the power of admitting them. Soon after its foundation the Ecclesiastical Courts seem to have given up their power of admission, and the Civil Court to have become the sole authority. To this day the Court of Session continues to admit Notaries. A separate examination exists for them, and every solicitor also who chooses to apply is admitted. Their importance has much diminished. They do conveyancing work and are still required, according to the European common law, for certain formal acts, such as attesting the deeds of blind per- sons, protesting bills and making maritime protests. -
Guide to Conduct (6Th Edition) 2018
FACULTY OF ADVOCATEADVOCATESSSS GUIDE TO THE PROFESSIONAL CONDUCT OF ADVOCATEADVOCATESSSS Published by the Faculty of Advocates, Parliament House, Edinburgh First Published June 1988 Second Edition January 2005 Third Edition June 2006 Fourth Edition August 2007 Fifth Edition October 2008 Sixth Edition July 2018 CONTENTS Chapter Introduction Note 1. The Status, Rights and Obligations of an Advocate 2. The General Principles of Professional Conduct 3. Duties in Relation to the Faculty and other Advocates 4. Duties in Relation to the Instructing Agent 5. Duties in Relation to the Client 6. Duty to the Court and Duties Connected with Court and Similar Proceedings 7. Duty to Seek Advice 8. Instructions 9. Fees 10. Advertising, Publicity, Touting and Relations with the Media 11. Discipline 12. Dress 13. Duties of Devilmaster 14. Continuing Professional Development 15. Discrimination 16. Non Professional Activities of Practising Advocate 17. Advocates Holding a Public Office and Non-practising Advocates 18 . Work Outside Scotland 19. European Lawyers Appearing in Scotland 20. Registered European Lawyers 21. Precedence of Counsel of Other Bars 22. Proceeds of Crime, Money Laundering and Terrorist Financing 2 Appendices Appendix A The Declaration of Perugia Appendix B Code of Conduct for European Lawyers produced by the CCBE Appendix C Faculty of Advocates Continuous Professional Development Regulations Appendix D Direct Access Rules and associated documents Appendix E Guidance in relation to Proceeds of Crime and Money Laundering 3 INTRODUCTION The work of an Advocate is essentially the work of an individual practitioner whose conscience, guided by the advice of his seniors, is more likely to tell him how to behave than any book of rules. -
Independent Review of Administrative Law
Response from the Faculty of Advocates To the Independent Review of Administrative Law 1. Are there any comments you would like to make, in response to the questions asked in the above questionnaire for government departments and other public bodies? 1.1. There is an overarching premise embedded in the questions to be posed to government departments to the effect that the discharge of central or local government functions is impeded by decision makers having to have regard to the law and that it is open to the executive and the legislature to seek to ‘rebalance’ that issue by preventing or restricting, through legislation, the recourse of citizens to the courts. We profoundly disagree with such premise. 1.2. It is recognised, of course, that good administration entails a general expectation of finality in administrative decision-making. When viewed through the eyes of a decision-maker, the bringing of judicial review proceedings is bound to be an “impediment” to the extent that ongoing administration may be inconvenienced by the need to reflect upon, and potentially revisit, past decisions. It is precisely for this reason, however, that decision-makers do not enjoy the privilege of insulating themselves against criticism. There is no serious basis in a modern democracy for the view that public bodies and government authorities are entitled to operate without accountability for material mistakes of law or fact in their actions (or inactions). Such a consideration betrays a misunderstanding of the rule of law and runs contrary to the fundamental principles of democracy. It is undoubtedly true that the ‘rule of law’ does not mean the rule of lawyers or courts. -
Rights of Audience - a Scottish Perspective
Rights of Audience - A Scottish Perspective The Right Hon. Lord Rodger of Earlsferry* It is an honour for me to have been asked to give the Child & Co. lecture. When inviting me, Sir Nicholas Phillips suggested that any talk might relate to a difference between procedures in England and Scotland. It seemed to me that some discussion of rights of audience might be suitable, since the topic is not entirely free from controversy and a speaker from a Scottish background might be able at least to supplement your thinking on the subject. First, a few words of introduction or elementary vocabulary for those contemplating the mysteries of Scots Law for the first time. In Scotland we have solicitors who correspond to solicitors in England and Wales. Advocates are the Scottish equivalent of barristers and they are all members of the Scottish Bar or Faculty of Advocates. Until the legislation on the Scottish legal profession in the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 advocates had virtually exclusive rights of audience before the Scottish supreme courts - the Court of Session in civil matters (including appeals) and the High Court of Justiciary (hereafter the High Court) in criminal matters. Similarly advocates had virtually exclusive rights of audience along with barristers before the judicial committee of the House of Lords to which an appeal lies in civil matters. 1 Even though Part II of the 1990 Act contained no new term for solicitors who obtain rights of audience before the supreme courts, the Law Society's rules approved by the Lord President of the Court of Session2 used the unlovely term "solicitor advocate" and, while some advocates have protested about this terminology, I suspect that it is here to stay and shall use it for the sake of convenience. -
Simon Crabb | Arnot Manderson Advocates
Image not found https://amadvocates.co.uk/wp-content/themes/arnotmanderson/library/images/am_logo_horiz_blk_hi.png Arnot Manderson Advocates [email protected] 07796 184309 Image not not found found Year of Call http://amadvocates.co.uk/wp-content/uploads/2017/07/Simon-Crabb-Individual-Profile-Website-Photo1-900x700.jpg SIMON CRABB 2017 Devil Masters Bryan Heaney Claire Mitchell Chris Pirie @simonpcrabb on Twitter LinkedIn Profile Practice Profile Simon has built up a busy and varied practice since calling to the Bar. He has extensive experience of litigating and advising on human rights issues both at home and abroad. He has a strong interest in public law. He is regularly instructed in prison, housing, immigration, criminal injuries compensation and equality law cases. Simon recently argued the first appeal of its kind under the Freedom of Information (Scotland) Act 2002 before the Inner House of the Court of Session. Simon is regularly instructed in Inquiries. He recently represented a care home in a Fatal Accident Inquiry that examined the provision of care and the discharge procedures between the NHS and a care provider following the death of an elderly resident. He successfully represented as junior counsel the local opposition group "Not Coul" in the Coul LInks Inquiry on planning permission for a proposed golf course on an area of environmentally protected coast land in the Highlands. Ultimately, Scottish Ministers refused to grant planning permission for the golf course. He is also instructed in a wide range of reparation cases involving personal injury, product liability, employers' liability, clinical negligence and professional negligence. He appears both for pursuers and defenders. -
Lord Glennie (Angus Glennie)
Lord Glennie (Angus Glennie) SILK: 1991 (ENGLAND & WALES); 1998 (SCOTLAND) | CALL: 1974 (ENGLAND & WALES); 1992 (SCOTLAND) ✉ [email protected] ☎ +44 (0)20 7842 6700 Overview Professional memberships Lord Glennie returned to Twenty Essex as a full-time arbitrator in December 2020 on stepping down from the Bench in Scotland. He DIFC Court of Appeal will be appointed Chair of the Scottish Arbitration Centre after ICCA CIArb: Hon Fellow in Edinburgh (September 2021) and will act as Vice-Chair of the Scottish Arbitration Centre (Edinburgh): Centre in the interim. Director, Chair designate, Member Angus Glennie has extensive experience of virtual hearings, having Lincoln’s Inn: Bencher conducted virtual appeals (and occasional first instance hearings) Faculty of Advocates: Member by WebEx in the months leading up to his re-joining chambers, and spoken at meetings and conferences by Zoom. Trinity Hall, Cambridge: Hon Fellow LMAA: Supporting Member After being appointed to the High Court bench in Edinburgh in 2005 (as a Senator of the College of Justice with the judicial title of Lord Lectures / talks / publications Glennie) he was the principal commercial judge in the Court of Session (2007-2011). With the coming into force of the Arbitration (Scotland) Act 2010, he was appointed an arbitration judge in 2010, Angus Glennie has attended conferences dealing with the first cases to come before the Scottish courts and delivered papers in a number of under that Act. He was also a nominated intellectual property judge countries, including India, Nigeria, the and a judge of the Upper Tribunal (Tax and Chancery Chamber). He Turks and Caicos Islands and Australia. -
Scottish Advocates
1 The more things change, the more they stay the same: Explaining stratification within the Faculty of Advocates, Scotland Angela Melville and Frank Stephen School of Law, University of Manchester Abstract Since the 1970s the legal profession has become increasingly diversified. However the inclusion of traditionally excluded social groups has not eradicated inequalities. This paper attempts to explain the contradiction between increasing diversification and persistence of inequalities by examining changes in the structure of the Faculty of Advocates in Scotland. We observe significance changes over the last 40 years, especially the increasing numbers of women entering the Faculty. Yet, women still face discrimination, and their success has largely been at the expense of working-class aspirants. We argue that existing theoretical perspectives, namely feminism and Bourdieu, as well as new insights offered by Beck, are insufficient to account for stratification within the legal profession. We call for a new theoretical perspective which accounts for both social change and persistence of inequalities, and suggest that such an approach is best offered by a feminist reworking of Bourdieu. Corresponding author: Angela Melville, Scientific Director, International Institute for Sociology of Law. Email: [email protected]. Postal address: Antigua Universidad /sn – Apdo. 28, Oñati, Gipuzkoa, Spain, 20560. Telephone: +34 943 783 064; Flinders Law School, Flinders University, Adelaide, Australia. Frank Stephen, Professor of Regulation, School -
Faculty of Advocates Providing Access to Justice for Over 500 Years
The recruitment of Chief Executive FACULTY OF ADVOCATES PROVIDING ACCESS TO JUSTICE FOR OVER 500 YEARS EXECUTIVE SEARCH Contents 1. THE FACULTY OF ADVOCATES ...................................................... 1 – ABOUT – GOVERNANCE 2. THE ROLE OF CHIEF EXECUTIVE ................................................. 3 – OVERVIEW – ROLE DESCRIPTION 3. FURTHER INFORMATION AND HOW TO APPLY .............................. 8 FWB PARK BROWN | EXECUTIVE SEARCH THE FACULTY OF ADVOCATES | CHIEF EXECUTIVE 1. THE FACULTY OF ADVOCATES ABOUT The Faculty of Advocates The Faculty is responsible for: is the professional body (i) Prescribing the criteria and procedure for admission to the public to which all Advocates in office of Advocate and for removal from Scotland belong. that office; It has a rich and (ii) Regulating the professional practice, conduct and discipline of Advocates. significant history dating These responsibilities have been back to the sixteenth delegated to Faculty by the Court century. of Session under the Legal Services (Scotland) Act 2010. The Faculty promotes and supports the administration of justice and the rule of law in Scotland. The Faculty also maintains the Advocates’ Library and an extensive collection of artworks and artefacts connected with Scotland’s legal history. 1 THE FACULTY OF ADVOCATES | CHIEF EXECUTIVE 1. THE FACULTY OF ADVOCATES ABOUT The Faculty Chairman oversees The Faculty is led by Faculty Services limited, a elected office–bearers company which is owned by the and by an elected Faculty and provides administrative and other support services to Faculty Council. Advocates. The elected office bearers are: Key decisions are made by Faculty Council, which comprises members – The Dean elected for constituencies within – Vice Dean the bar. Much of the Faculty’s work – Treasurer is undertaken by committees established for particular purposes. -
Report 2019 2020
ANNUAL REPORT 2019 2020 Judicial Appointment Board of Scotland: Annual Report 2019-20 www.judicialappointments.scot 1 Laid before the Scottish Parliament by the Scottish Ministers under section 18 of the Judiciary and Courts (Scotland) Act 2008 February 2021 © Judicial Appointments Board for Scotland (JABS) copyright 2020 The text in this document (this excludes, where present, all departmental or agency logos) may be reproduced free of charge in any format or medium provided that it is reproduced accurately and not in a misleading context. The material must be acknowledged as JABS copyright and the document title specified. Where third party material has been identified, permission from the respective copyright holder must be sought. Any enquiries regarding this publication should be sent to us at: Judicial Appointments Board for Scotland Thistle House 91 Haymarket Terrace Edinburgh EH12 5HD E-mail: [email protected] This publication is only available on our website at www.judicialappointments.scot 2 Judicial Appointment Board of Scotland: Annual Report 2019-20 CONTENTS Our Aims 4 Foreword 5 Purpose and membership 7 Five year strategic plan 8 Judicial skills and qualities 10 Recommendations for judicial appointments 11 Meetings and outreach 22 Diversity Steering Group 25 Financial statement 28 Complaints 29 Freedom of information 29 Business Management Unit (BMU) 29 Website 30 Judicial Appointment Board of Scotland: Annual Report 2019-20 www.judicialappointments.scot 3 1. OUR AIMS 1. To attract applicants of the highest calibre, recognising the need to encourage diversity in the range of those available for selection. 2. To recommend applicants for appointment to judicial office on merit through processes that are fair, transparent and command respect. -
Faculty of Advocates
FINANCE COMMITTEE CALL FOR EVIDENCE CRIMINAL JUSTICE (SCOTLAND) BILL: FINANCIAL MEMORANDUM SUBMISSION FROM FACULTY OF ADVOCATES Introduction 1. The Faculty of Advocates is the independent bar in Scotland. Collectively, its members have unrivalled experience of advocacy before the Scottish courts and include acknowledged experts in many fields of law. The Faculty makes available to the people of Scotland a pool of skilled and well-trained advocates who are available for instruction in any court in the land. The work of the Faculty and of its members is integral to the maintenance of the rule of law in Scotland. 2. The Criminal Justice (Scotland) Bill proposes wide-ranging reforms of the criminal justice system. The Faculty’s response to the provisions of the Bill are elaborated fully in its response to the Justice Committee’s Call for Evidence. As will be evident from that response, the Faculty actively supports those parts of the Bill which it considers to be in the public interest. However, there are features of the Bill which the Faculty cannot support. In particular, it does not support the proposal, as it appears in this Bill, to abolish the requirement of corroboration. 3. The Faculty wishes to comment on the information in the Financial Memorandum (“the FM”) in relation to the proposal to abolish corroboration. The Faculty confines its comments to the Finance Committee to this aspect of the Bill. The key point which the Faculty wishes to make in relation to the abolition of corroboration is this. The requirement of corroboration is central to the practical operation of the criminal justice system in Scotland at every stage.