DOCSLIB.ORG

Faculty of Advocates Providing Access to Justice for Over 500 Years

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
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. – Clerk Dean's – Keeper of the Library The Secretariat supports the office-bearers, Faculty Council and – Chairman committees in the work of the Faculty. 2 THE FACULTY OF ADVOCATES | CHIEF EXECUTIVE 2. THE ROLE OF CHIEF EXECUTIVE OVERVIEW A key feature of this restructure is The Dean has the creation of the new role of Chief restructured the Executive, which will report to the senior management Dean. team to ensure that The role, which will be tasked with safeguarding and guiding the the organisation Faculty through the design and continues to fulfil its implementation of a new strategic mission and maintain plan and will therefore have a demanding ‘brief’ with significant its status as the pre- internal as well as external eminent body for responsibilities. Advocates in Scotland. The Chief Executive will be responsible for the management of staff across two organisations; the Faculty of Advocates and Faculty Services Limited. There are 450 members (Advocates) and c 130 staff across both organisations. 3 THE FACULTY OF ADVOCATES | CHIEF EXECUTIVE 2. THE ROLE OF CHIEF EXECUTIVE ROLE DESCRIPTIONOVERVIEW PERSON SPECIFICATION: enhance and develop the work of the Faculty through ongoing analyses and This role requires someone with driving a clear unambiguous strategy outstanding managerial and of improvement. They will provide communication skills able to win trust change management leadership to and respect. direct and control all support services The successful candidate will be within FOA and Faculty Services able to demonstrate exceptional Limited and represent the Faculty influencing, leadership and change externally where appropriate. management skills along with a Through the development of the natural ability to lead and inspire whilst building trust and confidence. organisational strategy and objectives They will exude enthusiasm, they will ensure continued growth, resilience and have a proven track business efficiency and improved record in financial, project and change operational processes and control. management. This in turn will enhance the Faculty brand and membership experience. Importance will be placed on the ability to quickly build relationship They will oversee the management of and to build up an understanding of the functional activities across FOA/ the Faculty. The Chief Executive will FSL: IT; Facilities; Data Operations; be expected to act, at all times with HR; Library services; Clerking; integrity and sensitivity towards the PR; Deans Secretariat. This will Scottish Bar incorporate the design and delivery plan of a business leadership model JOB PURPOSE: for the Faculty of Advocates and The Chief Executive will be Faculty Services Limited which accountable for all strategic, compliments the efficient and operational, financial and functional professional management and activities across the Faculty of delivery of service via all departments Advocates and Faculty Services across FOA/FSL to support the Limited. They will consolidate, members of the Scottish Bar. CONT. 4 THE FACULTY OF ADVOCATES | CHIEF EXECUTIVE 2. THE ROLE OF CHIEF EXECUTIVE ROLE DESCRIPTIONOVERVIEW MAIN RESPONSIBILITIES: 12. To ensure the IT systems support and SUPPORTING THE OFFICE BEARERS enhance efficient management of feeing STRATEGIC and diary management. 23. In liaison with the Vice Dean to co-ordinate the Faculty Committees and 1. To generate and propose 3 year 13. Responsible for all aspects of business ensure the relevant Office Bearers are up business plans which concretise and reflect planning for the organisation and the to date with each function. the Office Bearers and Board’s strategic modelling of potential income streams thinking. Formulation, organisation and and service development plans. Ensuring 24. Again in liaison with the Vice Dean to implementation of strategic plans and ensure annual plans for the committees promote on-going development. financial accounting and reporting of information to the relevant bodies/ are coherent, monitored and understood. 2. To propose and implement business Chairman. 25. Ensure all committees are properly strategies to meet the changing needs monitored and that they formulate and of Faculty and ensure that the strategic LEADERSHIP AND RELATIONSHIP regularly review their objectives in line direction supports this. MANAGEMENT with the strategic plan. 3. To analyse and report on key 14. Day to day running of FOA/FSL. performance indicators as agreed with the 26. Co-ordinate internal and external communications and speak on behalf of Office Bearers. 15. To lead and manage across all FOA/ the Faculty when appropriate to do so. FSL departments including Clerking 4. Direct the Faculty’s operations and services ensuring the achievement of Services, Finance, Data Operations, IT, 27. To undertake such other projects as appropriate aims and objectives. Library, Public Relations, Facilities, the reasonably assigned by the OB/or Board Dean’s Secretariat and Human Resources. of FSL/Faculty. 5. Where appropriate advise on regulatory requirements, policy matters, operational 16. Overall responsibility for staff 28. To undertake projects assigned issues, procedures and governance. leadership, management and by the Office Bearers in respect of administration of the Faculty. Enable the operational issues – by way of example 6. Establish and enhance the Faculty development of staff. property acquisition and developing the brand. performance of the Faculty departments. 17. To manage the performance of the FINANCIAL – IN LIAISON WITH THE heads of each of the listed departments to 29. To represent the Faculty and promote TREASURER AND CHAIRMAN ensure their PDP plans are aligned to the its interests, participating in external strategic goals of the Faculty. events when required within the authority 7. Ensuring both FOA / FSL are financially delegated by the Dean, Vice Dean and viable and that member fees are being 18. Implement business leadership model Treasurer. allocated in a meaningful and appropriate for the Faculty of Advocates and Faculty way in which the Faculty is enhanced and Services Limited which compliments the 30. To assist the Dean in maintaining and members experience enriched. efficient and professional management developing relationships with the Court, and delivery of service via all departments 8. To ensure that an efficient support the Crown Office, the Faculty, other Bars, service is available to Members of across FOA/FSL to support the members the Law Society of Scotland and other Faculty, provided within budgetary of the Scottish Bar. professional bodies. constraints. Analyses existing practices 19. Build and foster relationships with and if appropriate, introducing more cost 31. To act on behalf of the Faculty in key stakeholders in FOA/FSL , amongst effective practices and processes. relation to regulatory matters to include members and serve as spoke person when changes to the regulation of the legal 9. To plan financial resources and measure required. profession in Scotland, and money performance against targets. laundering and proceeds of crime. 20. Ensure that the Faculty is represented 10. To manage the Faculty investment in an appropriate and professional manner portfolio. to members of the Bar and the public. 11. Prepare and closely monitor budgets 21. Maintain good working relationships with regard to expenditure and revenue, with all members. ensuring that the necessary controls are in place. 22. Liaise with all major stake holders. CONT. 5 THE FACULTY OF ADVOCATES | CHIEF EXECUTIVE 2. THE ROLE OF CHIEF EXECUTIVE ROLE DESCRIPTIONOVERVIEW PERFORMANCE WILL BE MEASURED BY: PERFORMANCE REQUIREMENTS AND CONDITIONS:
Load more

Recommended publications
  • Florida Guardian Advocate Law and Information
    FLORIDA GUARDIAN ADVOCATE LAW AND INFORMATION (Guardian Advocate of the Person Only) Eighteenth Judicial Circuit Seminole County, Florida Effective as of July 2017 FLORIDA GUARDIAN ADVOCATE LAW AND INFORMATION COMMITTEE MEMBERS Honorable John Harris Chief Judge, Eighteenth Judicial Circuit Titusville Courthouse 506 S. Palm Ave. Titusville, FL 32796-3501 Silvia McLain, JD Seminole County Bar Association Legal Aid Society, Inc. 101 West Palmetto Avenue Longwood, Florida 32750 Lori Loftis, JD Office of Criminal Conflict & Civil Regional Counsel 101 Sunnytown Road Casselberry, Florida 32707 Sarah M. Wood, JD, PhD Pro Bono Attorney Seminole County Bar Association Legal Aid Society, Inc. 101 West Palmetto Avenue Longwood, Florida 32750 Christian Triay Law Student Intern Nova Southeastern Law School JD Candidate 2019 This guide does not constitute legal advice and is intended merely to serve as a resource. Please consult with your attorney for legal advice. Please be aware that the law may change and you should consult with your attorney for assistance. Effective as of July 2017 Guide for the Process of Applying to be a Guardian Advocate for a Person with a Developmental Disability What is a Guardian Advocate? Parents no longer have the legal authority to make decisions for their children after they turn 18 years of age. Guardian Advocacy is a process for family members, caregivers, or friends of individuals with a developmental disability to obtain the legal authority to act on their behalf if the person lacks the decision-making ability to do some, but not all, of the decision-making tasks necessary to care for his or her person or property.
    [Show full text]
  • 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.
    [Show full text]
  • 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".
    [Show full text]
  • Patronising Lawyers? Homophily and Same-Sex Litigation Teams Before the UK Supreme Court
    Patronising Lawyers? Homophily and Same-Sex Litigation Teams before the UK Supreme Court Chris Hanretty School of Political, Social and International Studies, University of East Anglia Steven Vaughan Law School, University of Birmingham Abstract In this paper, we investigate patterns of team formation amongst barristers who appeared before the UK Supreme Court between October 2009 and August 2015. We show that there is evidence of considerable gender homophily in the formation of teams of barristers appearing before the UK Supreme Court. Same- sex teams of barristers are over-represented compared to the number we would expect if barristers paired up randomly. We also show that this gender homophily remains when we allow for the possibility that barristers pair up randomly within their chambers, or within their area of law. As such, the formation of teams of barristers in the Supreme Court is governed by practices and preferences which make same-sex legal teams more likely than they would be if team formation simply involved a gender-blind draw from a pool of lawyers. Barristers appearing before the Supreme Court prefer, for whatever reason, to work with other barristers of the same sex. We set out reasons why homophily in team formation is undesirable and discuss the routes through which different remedies might operate. Acknowledgements We are grateful for comments on an earlier draft from the two anonymous referees, Nicholas Allen (barrister, 29 Bedford Row), Fiona de Londras, John Flood, Jeremy Hopkins (former Practice Manager at 3 Verulam Buildings), Marc Mason and Erika Rackley. Chris gave a version of this paper at the University of Copenhagen in March 2016 at a Workshop entitled, ‘Trust, Social Capital and Networks: A different perspective on International Courts’.
    [Show full text]
  • 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.
    [Show full text]
  • The Advocate As Witness: Understanding Context, Culture and Client
    Fordham Law Review Volume 70 Issue 3 Article 10 2001 The Advocate as Witness: Understanding Context, Culture and Client Judith A. McMorrow Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Judith A. McMorrow, The Advocate as Witness: Understanding Context, Culture and Client, 70 Fordham L. Rev. 945 (2001). Available at: https://ir.lawnet.fordham.edu/flr/vol70/iss3/10 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. The Advocate as Witness: Understanding Context, Culture and Client Cover Page Footnote Associate Professor, Boston College law School. My thanks to Marianna Putnam (BC Law '03), Amy Leonard (BC Law '03), Solveig McShea (BC Law '02), and Michael McCormack (BC Law '00) for their excellent research assistance, Reginald Alleyne, Thomas Kohler, John Cochran, Diane Cochran and Rick Reilly for their insights into labor arbitration, and the many arbitrators and advocates that I cornered while preparing this article. This article was made possible by the generous contributors to the Dean's Fund of Boston College Law School, including Dr. Thomas Carney. Some of the research on federal court cases draws from our work preparing McMorrow & Coquillette, The Federal Law of Attorney Conduct, in Moore's Federal Practice (3d ed. 2001). This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol70/iss3/10 THE ADVOCATE AS WITNESS: UNDERSTANDING CONTEXT, CULTURE AND CLIENT Judith A.
    [Show full text]
  • In Family Or Dependency Court
    WHO’S THAT? In Family or Dependency Court You’ll probably see a lot of different people. This guide explains what their jobs are. There’s a section in the back where you can write down the names and numbers of important contacts. There are also some tips on what to do if you have to go to court, and some information about your rights. 3 CHILD PROTECTIVE SERVICES (CPS) Child Protective Services (CPS) caseworkers work for the government and their job is to help make sure kids are safe. If they think someone is hurting or not taking care of a kid or teenager, they investigate, or try to figure out what happened, and try to find a way to make sure the kid or teenager is safe. (Child Protective Services might have a different name where you live.) 4 CPS caseworkers help families make a plan and get the help they need to make the home safe for everyone. If they believe kids are in serious danger, they can find a place for the kids to live while the people who take care of them work on making home safe. That place could be the home of another family member or friend, or a helping family that you might not know, which is called foster care. CPS caseworkers might ask you questions about what you saw, heard, experienced, or felt; you might have meetings with them and your family members; they might come to your house; and you might see them in court, where they will share information about your family and the case with the judge or magistrate.
    [Show full text]
  • PE1025 Petition on Shrieval Appointments
    Briefing for the Public Petitions Committee Petition Number: PE1025 Main Petitioner: Derek Cooney Subject: Calls on the Parliament to urge the Scottish Executive to: (a) allow anyone with grounds to lodge an objection to the appointment of a new sheriff; and (b) prohibit sheriffs being appointed to any sheriffdom in which they previously practised law Background Sheriffs are appointed by the Queen on the nomination of the First Minister, after consultation with the Lord President of the Court of Session and a recommendation from the Judicial Appointments Board for Scotland. To qualify for appointment, a person must be and have been an advocate or solicitor for at least ten years. Sheriffs deal with both civil and criminal cases. There are 49 sheriff courts across Scotland, organised into six sheriffdoms (headed by sheriffs principal): • Glasgow & Strathkelvin • Grampian, Highland & Islands • Lothian & Borders • North Strathclyde • South Strathclyde, Dumfries & Galloway • Tayside, Central & Fife Each sheriffdom, apart from Glasgow & Strathkelvin, is divided into a number of sheriff court districts for administrative convenience. Sheriffs are normally appointed to a particular sheriffdom and usually sit in one of the districts within that sheriffdom. They may, however, be moved (either temporarily or permanently). There are also ‘floating sheriffs’ and ‘all- Scotland floating sheriffs’. The former are appointed to help relieve any pressure points within particular sheriffdoms, whilst the latter perform such a role across Scotland. Role of the Judicial Appointments Board for Scotland The Judicial Appointments Board for Scotland (‘the Board’) was established (on a non-statutory basis) with the aim of creating more open and accessible arrangements for judicial appointments in Scotland.
    [Show full text]
  • Many Members of the Scottish Legal Profession Were Surprised, Open
    I!!!I SCOTTISH LEGAL EDUCATION AND THE LEGAL PROFESSION DAvID EDWARD Many members of the Scottish legal profession were surprised, open• ing their Scotsman on January 24, 1990, to find a centre-page article by Professor William Wilson entitled The Death Sentence for Scots Law. It began: "The Law Reform (Miscellaneous Provisions) (Scotland) Bill,pre• sently before parliament, should be titled the Scots Law (Abolition) Bill because that indicates its object and probable effect. Like all such bills, it is a cocktail:on top float a few cherries and bubbles-easier divorce, control of charities, licensing reform-which will no doubt attract most of parliaments's attention. "Under the surface, however, fulminates a toxic brew which may well prove fatal to the Scottish legal system and to the law of Scotland-the provisions which will alter the structure of the legal profession," Up to that time, Bill Wilson had not generally been seen as the doughtiest champion of the Scottish profession nor, in particular, of the Faculty of Advocates which, after completing his period of devil• ling, he decided at the last moment not to join. But there could be no doubt as to the authorship of this scathing philippic. No-one else could have written: "It seems surprising that we give an expensive education lasting several years to intending solicitors and advocates to equip them to appear in court, but, apparently, any Tom, Dick or Harry is to be able to come in off the street and give the judges the patter. It is a striking feature of the bill that it pays hardly
    [Show full text]
  • The Lawyer As Process Advocate: Encouraging Collaborative Approaches to Controversial Development Decisions
    Pace Environmental Law Review Volume 27 Issue 1 Special Edition 2009-2010 Environmental Interest Dispute Resolution: Article 5 Changing Times--Changing Practice September 2009 The Lawyer as Process Advocate: Encouraging Collaborative Approaches to Controversial Development Decisions Sean F. Nolon Follow this and additional works at: https://digitalcommons.pace.edu/pelr Recommended Citation Sean F. Nolon, The Lawyer as Process Advocate: Encouraging Collaborative Approaches to Controversial Development Decisions, 27 Pace Envtl. L. Rev. 103 (2009) Available at: https://digitalcommons.pace.edu/pelr/vol27/iss1/5 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Environmental Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. S_NOLON ARTICLE The Lawyer as Process Advocate: Encouraging Collaborative Approaches to Controversial Development Decisions SEAN F. NOLON* INTRODUCTION On most nights, in most communities, a public hearing on an application for senior housing would bring out an angry mob of neighbors. However, on this night, neighbor after neighbor approaches the microphone to encourage the local government to approve the application submitted by the developer. The developer’s lawyer turns to him and says, “What’s going on here? I’ve never seen anything like this in my life.” What was different about this proposal that changed the dynamic from hostile to productive? Can it be repeated? Why did this come as such a surprise to the attorney? Can this process be abused, allowing parties to be taken advantage of? Answers to these questions and others will be explored with the help of four case studies highlighting the use of collaboration to manage development conflicts requiring land use approvals from the local government.
    [Show full text]
  • The Attorney As Advocate and Witness
    University of Baltimore Law ScholarWorks@University of Baltimore School of Law All Faculty Scholarship Faculty Scholarship Spring 2006 The Attorney as Advocate and Witness: Does the Prohibition of an Attorney Acting as Advocate and Witness at a Judicial Trial Also Apply in Administrative Adjudications Arnold Rochvarg University of Baltimore School of Law, [email protected] Follow this and additional works at: http://scholarworks.law.ubalt.edu/all_fac Part of the Law Commons Recommended Citation The ttA orney as Advocate and Witness: Does the Prohibition of an Attorney Acting as Advocate and Witness at a Judicial Trial Also Apply in Administrative Adjudications, 26 J. Nat'l Ass'n Admin. L. Judiciary 1 (2006) This Article is brought to you for free and open access by the Faculty Scholarship at ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in All Faculty Scholarship by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. The Attorney as Advocate and Witness: Does the Prohibition of an Attorney Acting as Advocate and Witness at a Judicial Trial also Apply in Administrative Adjudications? Arnold Rochvarg * I. INTRODUCTION It is generally accepted that an attorney who is representing a client at a judicial trial is not permitted to also be a witness at the same trial. This prohibition on an attorney acting as both an advocate and a witness at a trial appears in every state's rules of professional conduct. This rule, often referred to as the "lawyer as witness" rule, has application in attorney disciplinary proceedings, rulings on the admissibility of evidence, motions seeking disqualification of an attorney who intends to testify, legal malpractice cases, and petitions for the award of attorney's fees.
    [Show full text]
  • Judge Rigsby's
    THE HONORABLE ROBERT R. RIGSBY ASSOCIATE JUDGE DISTRICT OF COLUMBIA SUPERIOR COURT On March 4, 2002, Robert R. Rigsby was nominated by President George W. Bush to be an Associate Judge of the District of Columbia Superior Court. The United States Senate unanimously confirmed Judge Rigsby on July 25, 2002. Since his confirmation Judge Rigsby has presided over cases in the Criminal Division, the Domestic Violence Division, the Family Court Division, the Civil Division and the East of the River Community Court. He is currently in his second fifteen-year term on the court, having been reappointed May 24, 2017 following a unanimous “well-qualified” finding by the District of Columbia Commission on Judicial Disabilities and Tenure. Judge Rigsby served as the Attorney General for the District of Columbia from February 2000 until his confirmation. As the Attorney General, Judge Rigsby was responsible for conducting all legal business for the District. He oversaw 225 lawyers, 288 support staff, and was directly responsible for an annual operating budget of $48 million. Prior to his appointment as the Attorney General for the District of Columbia, Judge Rigsby served as Interim Attorney General for the District of Columbia, Acting Principal Deputy Attorney General, Deputy Attorney General in charge of the Enforcement Division and Deputy Attorney General in charge of the Criminal Division. Before joining the Office of Attorney General for the District of Columbia in 1992, Judge Rigsby was an Assistant United States Attorney for the Eastern District of Virginia. Judge Rigsby served in the United States Army from 1981 to 2014. From 1987 to 1992, he served on active duty in the United States Army Judge Advocate General’s Corps as a prosecutor, defense attorney, administrative law attorney, international law attorney, law of war attorney, legal advisor to the Multinational Force and Observers, and Special Assistant United States Attorney for Tennessee and Kentucky.
    [Show full text]