Faculty of Advocates

Faculty of Advocates
source
Name	Faculty of Advocates
Caption	Advocates' Library and Parliament House, Edinburgh
Formation	15th century
Headquarters	Parliament House, Edinburgh
Location	Scotland
Membership	Advocates
Leader title	Dean

Faculty of Advocates

The Faculty of Advocates is the independent body of advocates in Scotland, based at Parliament House, Edinburgh, responsible for professional regulation, training, and representation of members who plead in the Court of Session and High Court of Justiciary. The Faculty has historical links with the Scottish Parliament, the Court of Session, the High Court, and legal institutions such as the Advocates' Library and the Scottish Law Commission, and its members have been prominent in public life including roles in the UK Parliament, the House of Lords, and the Supreme Court of the United Kingdom.

History

The origins trace to medieval legal practice in Edinburgh and to institutions associated with the Courts of Session and Lords of Council and Session, emerging alongside figures like James VI and I and developments such as the Acts of Union 1707. The Faculty evolved through reforms involving William Paterson (judge), responses to the Scottish Enlightenment and interactions with the Royal Society of Edinburgh and the University of Edinburgh School of Law. Landmark events impacting the Faculty include judicial reforms under the Judiciary and Courts (Scotland) Act 2008 milieu, the professional aftermath of the Jacobite rising of 1745, and the nineteenth‑century codification era involving jurists akin to Lord Advocate (Scotland), members who engaged with commissions like the Royal Commission on the Ancient and Historical Monuments of Scotland and legal codifiers influenced by comparative law from France and Scotland's continental contacts.

Organization and Membership

Governance is vested in a Dean elected by members, serving alongside the Faculty Board and various committees, with administrative interfaces to bodies such as the Scottish Government, the Crown Office and Procurator Fiscal Service, and the Law Society of Scotland. Membership includes King's Counsel (formerly Queen's Counsel), Senators of the College of Justice, sheriffs who have served as advocates, and practitioners who have held office in institutions like Disclosure Scotland and the Scottish Legal Aid Board. Prominent administrative links have been with universities including University of Glasgow, University of Aberdeen, and University of St Andrews which supply many entrants.

Admissions and Training

Admission requires devilling (pupillage) under an experienced advocate and academic qualifications such as an LL.B or Diploma from providers like the Edinburgh Law School or the Strathclyde Law School, often preceded by degrees from University of Oxford or University of Cambridge for some entrants. Training integrates advocacy skills, professional ethics aligned with precedents from the European Court of Human Rights and doctrinal instruction referencing cases decided in the House of Lords and the Supreme Court of the United Kingdom. Historically, pathways intersected with apprenticeships associated with aldermen and guilds in Edinburgh and with continental study tours to legal centers such as Paris.

Roles and Functions

Advocates represent clients in criminal and civil appellate courts including the High Court and Court of Session, act as counsel in public inquiries like those analogous to the Chilcot Inquiry, advise government departments and ministers including the First Minister of Scotland and the Lord Advocate (Scotland), and contribute to law reform through submissions to the Scottish Law Commission and committees of the Scottish Parliament. The Faculty supports pro bono work coordinated with charities such as Shelter (charity), engages with human rights organisations including Amnesty International and litigates on matters implicating treaties like the European Convention on Human Rights.

Notable Members

Notable advocates have included senators and political figures who later sat in the House of Lords, served as Lord President of the Court of Session, or became politicians in the UK Parliament. Historic and later figures connected by practice or office include jurists who interacted with events like the Nuremberg Trials, commentators involved with the Scots Law Times, and legal scholars affiliated with institutions such as the Institute of Advanced Legal Studies and the British Academy. Members have also had roles in public inquiries, international arbitration panels, and commissions similar to the Leveson Inquiry.

Courts and Jurisdiction

Advocates have rights of audience in civil and criminal appellate courts, principally the Court of Session and the High Court of Justiciary, with cases sometimes proceeding to the Judicial Committee of the Privy Council or the European Court of Human Rights. Their practice engages Scots private law and public law disputes heard in venues including Parliament House, and interfaces with tribunals like the Upper Tribunal (Scotland) and bodies established under statutes such as the Human Rights Act 1998.

Traditions and Regalia

The Faculty maintains ceremonial traditions and dress including gowns and wigs used in practice before the Court of Session and High Court, with distinctions for King's Counsel reflected in silk gowns and styles comparable to regalia in the Royal Courts of Justice and the Inns of Court connections historically shared with practitioners from Lincoln's Inn and Gray's Inn. Ceremonial customs include admission ceremonies at the Advocates' Library and formal dinners echoing precedents observed by legal societies such as the Bar Council (England and Wales) and historical links to civic rituals in Edinburgh.

Category:Legal organisations based in Scotland Category:Law of Scotland