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| Faculty of Advocates (Scotland) | |
|---|---|
| Name | Faculty of Advocates |
| Caption | Advocates Library, Edinburgh |
| Formation | 16th century |
| Headquarters | Parliament House, Edinburgh |
| Location | Scotland |
| Leader title | Dean of Faculty |
Faculty of Advocates (Scotland) The Faculty of Advocates is the independent body of Scottish advocates based at Parliament House, Edinburgh, historically centred on the Advocates Library and the Scottish Bar. It occupies a central place in Scotland's legal institutions, interacting with the Court of Session, High Court of Justiciary, Scottish Government, and UK Supreme Court through its members' roles in litigation, appellate advocacy, and public law.
The Faculty traces origins to the early modern period when legal professionals consolidated around the Court of Session and the College of Justice, developing alongside figures such as Sir Thomas Craig, Lord Stair, and George Mackenzie of Rosehaugh. Its institutional development paralleled events like the 1707 Acts of Union and judicial reforms associated with the Judicial Committee of the Privy Council, while the Advocates Library accrued manuscripts, legal texts, and collections linked to James VI, David Hume, Adam Smith, and Sir Walter Scott. Nineteenth- and twentieth-century changes involved interactions with the University of Edinburgh, the Royal Society of Edinburgh, the Law Society of Scotland, and legislative milestones including the Scotland Act 1998 that affected devolution and the role of Scottish advocates in UK-wide litigation.
The Faculty provides specialist advocacy in civil and criminal courts, supplying advocates for the Court of Session, High Court of Justiciary, Sheriff Courts, Employment Appeal Tribunal, and, when required, the House of Lords and UK Supreme Court. It serves as a collective voice on legal reform before the Scottish Parliament, Scottish Courts and Tribunals Service, Crown Office and Procurator Fiscal Service, and the Lord Advocate, and it contributes expertise in inquiries and commissions such as Royal Commissions, the Scottish Law Commission, and tribunals addressing human rights under the European Convention on Human Rights.
Admission to the Faculty requires a law degree or postgraduate qualification from institutions like the University of Glasgow, University of Aberdeen, University of Dundee, University of St Andrews, and University of Edinburgh, followed by devilling under experienced advocates and assessment by the Dean of Faculty and benchers. Members include King's Counsel appointed by the Monarch on the advice of the First Minister and Lord President, and roles intersect with offices such as Lord Advocate, Solicitor General for Scotland, Advocate Depute, and standing counsel to public bodies including the Bank of England and Crown Estate.
Governance is led by the Dean of Faculty, supported by Vice-Dean, Treasurer, Clerk, and elected Faculty Council analogous to benchers at the Faculty's meetings in Parliament House and the Advocates Library. The Faculty liaises with judicial figures such as the Lord President of the Court of Session, Lord Justice Clerk, Senators of the College of Justice, sheriffs principal, and court clerks, and coordinates practice directions, briefing conventions, and lists in collaboration with the Scottish Courts and Tribunals Service and the Judicial Office.
While independent, the Faculty operates disciplinary procedures addressing professional conduct in concert with statutory regulators such as the Scottish Legal Complaints Commission and the Law Society of Scotland where overlapping jurisdiction arises, and disciplinary panels may consider allegations alongside criminal prosecutions prosecuted by the Crown Office. Issues of ethics reference instruments like the Advocates' Code of Conduct, conflicts rules relating to public inquiries and inquests, and appellate oversight from the Inner House and the Judicial Committee where necessary.
The Faculty runs devilling programmes, advocacy training, and continuing professional development events in partnership with universities, the Judicial Institute for Scotland, the School of Law at major Scottish universities, and bodies such as the Chartered Institute of Arbitrators to keep advocates current on civil procedure, criminal procedure, administrative law, European Court of Human Rights jurisprudence, and legislative changes from the Scottish Parliament and Westminster. Seminars, moot courts, and masterclasses draw on practitioners, Queen's Counsel, retired Senators, and visiting judges from the Court of Appeal, House of Lords, and Supreme Court.
Prominent past and present members include Lord Balfour of Burleigh, Lord Reid, Lord Hope of Craighead, Lord Rodger of Earlsferry, Lord Hodge, Lord Carloway, Lord Cullen, Lord Advocate figures such as Elish Angiolini and Lord Davidson, and advocates who became Prime Ministerial or Cabinet figures in wider UK politics. The Faculty’s alumni and bench have influenced major cases and reports involving landmark decisions from the House of Lords and UK Supreme Court, participation in public inquiries, contributions to Scots law scholarship tied to figures like James Boswell, Adam Smith, and David Hume, and institutional links with the Advocates Library collections, the National Library of Scotland, the Royal Society of Edinburgh, and international legal centres.
Category:Legal organisations based in Scotland