Latest group of aspiring advocates are one week into their devilish ways

WHEN the photographer invited this year’s devils to talk among themselves for a moment the response was instant and audible. Clearly, none had to be asked twice to speak up.

That’s probably a good start for the men and women who have decided to build a career as an advocate, some in pursuit of their only ambition and others making the equivalent of a mid-career handbrake turn.

The Faculty of Advocates’ six-week foundation course for the new intake of devils began last week – the intensive beginning of an intensive ten months or so of training. Twenty-two have signed up this year, the biggest group of the last decade. Half of the class of 2012-13 are women. Over the last ten years, 60 of the 165 new “intrants”, as they are called, have been female.

Aspiring advocates have to petition the Faculty to be accepted as intrants. The petitions are posted outside Door 11 in Parliament Square. If no-one objects and they meet the other criteria for admission they will be accepted on the course and become “devils”.

The Faculty of Advocates’ director of training, David Parratt, explains the origin of “deviling” is in the printing trade where apprentices would shadow their master, picking up practical skills and theoretical insight along the way.

“Shadowing someone in practice is key to learning what advocates do and how they should conduct themselves, not only in court but with their colleagues and with the solicitors who instruct them. There is an element of pastoral care in the relationship between the devil and devil master that is important during their year of shadowing but will often last for the rest of their career.”

It does appear rather quaint that anyone who looks at the profile of even the most senior QC on the Faculty of Advocates website will see his or her devil masters still listed. Most of us don’t mention our first foreman or line manager on our current CV. But it is not some form of credibility by association, says Parratt.

“It is a lifelong relationship. One of the tasks of a devil is to organise the ‘silk dinner’ when his or her devil master becomes a QC. The devil will go to the Faculty office and ask for the ‘family tree’, the devil masters, of the new QC. I’m also qualified as a member of the English bar and I can say there is a far greater collegiate philosophy within the Scottish bar.”

Each devil will have two devil masters – the principal being a civil law specialist. The devil masters are junior members of the Faculty, for very good reason, Parratt says.

“It is imperative that new advocates acquire the skills of drafting pleadings. Part of the shadowing includes having access to all the papers in a case, and observing and assisting in the drafting of pleadings. An advocate effectively gives up drafting on taking silk.”

There is a distinct combination of ancient and modern about the Faculty. The terminology seems 19th century or earlier but advocates have to be abreast of the latest developments in the law and scientific evidence, and become comfortable with the increased gadgetry through which evidence is conveyed in the courtroom.

The “other qualifications”, for example, include a law degree from a Scottish university, and passes from a list that begins with Roman law of property & obligations, but the course includes sessions on body language and breathing, as well as video recordings of participants’ performance in simulated court proceedings. Early efforts tend to come across as impersonations of how devils think an advocate should sound.

“What we need to do,” says Parratt, “is get them to find their own voice.”

An advocate, above all else, needs to be able to perform on his or her feet, present the essential elements of a case and demonstrate a command of the relevant legal points, as well as the evidence that is persuasive in support of the argument he or she is making.

It has to be audible as well as intelligible and competent. They are not entitled to be helped out by the judge if they are groping uncertainly towards the telling point.

“I can tell you,” Parratt adds, “that the Scottish advocacy has a worldwide reputation. We spend much more time on developing advocacy skills that they do in England. The Faculty believes in it. I can’t think of many other professions where practitioners put in so much effort to train their prospective business rivals.”

The course itself is free but entrants have to fund themselves during it and the following ten months or so of learning.

There is an annual Lord Reid of Drem scholarship awarded to an outstanding candidate and worth around £4,000. The Faculty itself has limited funding for scholarships of its own, awarded to three of this year’s devils.

Paying for themselves and with no safety net that they will in the end earn a living, what is the attraction of the leap of faith to the current course?

Clare Connelly has already made a reputation as an academic lawyer at the University of Glasgow. Katerina Stein and Ximena Vengoechea are qualified lawyers from Germany and Colombia respectively.

Elisabeth Roxburgh, a solicitor with Shepherd & Wedderburn in their finance and structuring team, said: “The way the legal landscape is changing there’s not much of a safety net anywhere.

“I’m doing the course because I’d like to spend more time in court. The more senior you become in a commercial organisation the less time you spend on your feet in court or drafting opinions. I want to improve my skills and spend more time doing the kind of work I enjoy.”

The sentiment is echoed by John McElroy. “I’ve been a criminal defence lawyer based in the west of Scotland since about 1989. I’ve practised extensively in the district court, the sheriff court and sheriff and jury courts. My firm has a High Court practice.

“I’ve decided to come to the bar because it’s time for me to test myself against tougher, harder cases.

“The difference between what I’ve done in the past and what I want to do next is that at partner level you are mostly involved running a business, being responsible for staff, that sort of thing. I’d like to get back to pure advocacy, be in court as much as possible.”

Victoria Dow was previously a criminal defence agent in Livingston.

“I chose to come to the bar so I could apply myself more legally to cases, to be able to immerse myself in more complicated and legally challenging cases.

“The devilling process hones your advocacy skills and provides you with the foundation to become a much better advocate in court,” she said.

“The intrants were the eggs. Devils are the caterpillar stage. In due course I’ll be pleased to see them become beautiful butterflies,” said David Parratt of his first-week charges.