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Devilling is the period of training, pupillage or junior work undertaken by a person wishing to become an advocate in one of the English-speaking common law systems of the United Kingdom, Ireland, Hong Kong, and Australia.
While there is currently no consensus on the origin of the term, it likely was borrowed from the existing phrase 'printer's devil', (or printer's apprentice) the origin of which is also in dispute. One possible explanation is that, in the earliest stages of moveable type, most if not all printings were of bibles and biblical passages. When an error occurred with the new and complex technology, the mistake would be blamed on the Devil. As the profession grew, young apprentices were equally easy to blame, and thus became the replacement scapegoat for any errors. [1]
The prospective advocate is placed under the care of a devilmaster, who traditionally must not be a King's Counsel. The pupil follows a programme of training as laid down by the Faculty of Advocates.
The process has an ancient heritage, as it is the legal right of the Faculty of Advocates to admit persons as advocates to the Courts of Scotland. This right was apparently granted by the College of Justice.
Devilling is a period of training undertaken by barristers in Ireland where they work under a more senior barrister (one who has been called for seven or more years but who is not a senior counsel) who is called their master. A barrister is called to the bar after successfully completing the course of barrister-at-law in the King's Inns, but during their first year of practice, they must devil for one year. It is common for barristers to also devil during their second year of practice.
The work is generally unpaid and there is no obligation on the master to cover the costs of the devil. A barrister who has not devilled cannot practice Irish law in Ireland, but may still be recognised as fully qualified by the bar associations of other EEA member states, and practise in those member states in accordance with the relevant European Union (EU) directives.
The term is used in the English legal system to refer to a junior barrister undertaking paid written work on behalf of a more senior barrister. The instructing solicitor is not informed of the arrangement and the junior barrister is paid by the senior barrister out of his own fee as a private arrangement between the two. This is one of the exceptions to the usual prohibition on fee sharing under the Code of Conduct for Barristers in England and Wales.
Australia has a devilling process similar to that of the UK, with only nine months of apprenticeship required for new advocates. Additionally, the Bar Association of Australia requires devils be paid, with the official recommendation 50% of the barrister's fees. [2]
"Treasury Devil" is the colloquial term for the First Junior Treasury Counsel (Common Law), a private practitioner barrister who represents His Majesty's Government in the civil courts, [3] instructed by the Treasury Solicitor. It was a tradition that the Treasury Devil was made a High Court Judge after the end of his term in office. [4] There is no current Treasury Devil: Philip Sales (now Lord Sales), the last Treasury Devil, was appointed Queen's Counsel while serving in the role, and so ceased to be Junior Treasury Counsel and "Devil", and became First Treasury Counsel (Common Law). The incumbent in the role, James Eadie was appointed in 2009 when he was already a QC, and so also holds the position of First Treasury Counsel (Common Law).
Treasury Counsel (Common Law) should not be confused with the criminal barristers appointed to the Treasury Counsel team who are responsible for prosecuting the most serious criminal cases. The team is headed by the "First Senior Treasury Counsel (Criminal)" [5] and is composed of ten senior and seven junior Treasury Counsel. Treasury Counsel (Criminal) are so-named because historically they were also instructed by the Treasury Solicitor (who in earlier times was also Director of Public Prosecutions), although criminal prosecution is now overseen by the independent Crown Prosecution Service.
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As Junior Counsel to the Treasury (Common Law):
As First Junior Treasury Counsel (Common Law):
As First Treasury Counsel (Common Law):
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and giving expert legal opinions.
An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, in Scottish, Manx, South African, Italian, French, Spanish, Portuguese, Scandinavian, Polish, Israeli, South Asian and South American jurisdictions, "Advocate" indicates a lawyer of superior classification.
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.
In the United Kingdom and in some Commonwealth countries, a King's Counsel during the reign of a king, or Queen's Counsel during the reign of a queen, is a lawyer who is typically a senior trial lawyer. Technically appointed by the monarch of the country to be one of 'His [Her] Majesty's Counsel learned in the law', the position originated in England and Wales. Some Commonwealth countries have either abolished the position, or renamed it so as to remove monarchical connotations, for example, 'Senior counsel' or 'Senior Advocate'.
A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence. The word bar is derived from the old English/European custom of using a physical railing to separate the area in which court business is done from the viewing area for the general public.
The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to the bar". "The bar" is now used as a collective noun for barristers, but literally referred to the wooden barrier in old courtrooms, which separated the often crowded public area at the rear from the space near the judges reserved for those having business with the court. Barristers would sit or stand immediately behind it, facing the judge, and could use it as a table for their briefs.
The title of Senior Counsel or State Counsel is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdictions that have chosen to change the title "King's Counsel" to a name without monarchical connotations, usually related to the British monarch that is no longer head of state, such that reference to the King is no longer appropriate. Examples of jurisdictions which have made the change because of the latter reason include Mauritius, Zambia, India, Hong Kong, Ireland, South Africa, Kenya, Malawi, Singapore, Guyana and Trinidad and Tobago. Jurisdictions which have retained the monarch as head of state, but have nonetheless opted for the new title include some states and territories of Australia, as well as Belize.
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.
The Law Officers are the senior legal advisors to His Majesty's Government and devolved executives of the United Kingdom. They are variously referred to as the Attorney General, Solicitor General or Advocate General depending on seniority and geography - though other terms are also in use, such as the Counsel General for Wales. Law Officers in these roles are distinguished by being political appointees, while also being bound by the duties of independence, justice and confidentiality among the other typical professional commitments of lawyers. These roles do not have any direct oversight of prosecutions nor do they directly lead or influence criminal investigations. This is a distinguishing factor between Law Officers and the State Attorneys General of the United States or US Attorney General.
A bar examination is an examination administered by the bar association of a jurisdiction that a lawyer must pass in order to be admitted to the bar of that jurisdiction.
The Hong Kong Bar Association (HKBA) is the professional regulatory body for barristers in Hong Kong. The Law Society of Hong Kong is the equivalent association for solicitors in Hong Kong.
A pupillage, in England and Wales, Northern Ireland, Kenya, Malaysia, Pakistan and Hong Kong, is the final, vocational stage of training for those wishing to become practising barristers. Pupillage is similar to an apprenticeship, during which bar graduates build on what they have learnt during the Bar Professional Training Course or equivalent by combining it with practical work experience in a set of barristers' chambers or pupillage training organisation.
Barristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. Barristers have traditionally had the role of handling cases for representation in court, both defence and prosecution.
Legal education in the United Kingdom is divided between the common law system of England and Wales and Northern Ireland, and that of Scotland, which uses a hybrid of common law and civil law.
An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates.
Solicitor advocate is a hybrid status which allows a solicitor in the United Kingdom and Hong Kong to represent clients in higher courts in proceedings that were traditionally reserved for barristers. The status does not exist in most other common law jurisdictions where, for the most part, all solicitors have rights of audience in higher courts.
The Bar of Ireland is the professional association of barristers for Ireland, with over 2,000 members. It is based in the Law Library, with premises in Dublin and Cork. It is governed by the General Council of the Bar of Ireland, which was established in 1897. The Council is composed of twenty-five members: twenty who are elected, four co-opted, and the Attorney-General, who holds office ex officio. Every year, ten members are elected for two-year terms; five by senior counsel and five by junior counsel.
Barra McGrory, KC is a Northern Ireland solicitor and barrister. From 2011 to 2017, he served as the Director of Public Prosecutions for Northern Ireland.
QEB Hollis Whiteman is a leading set of barristers' chambers specialising in criminal, financial, and regulatory law, located in the City of London. Established in the 1980s, it employs 70 barristers, including 21 King's Counsel, four Treasury Counsel and one Standing Counsel to the RCPO. The current Heads of Chambers are Selva Ramasamy KC and Adrian Darbishire KC and the Chief Clerk is Chris Emmings.
Ellice Aylmer Eadie was an Irish-born English barrister and civil servant. She was called to the bar in 1937 and joined the Board of Trade's solicitor department nine years later. Eadie went to the Office of the Parliamentary Counsel in 1949, attaining promotion to become the first female under-secretary rank lawyer in the Civil Service as Deputy Counsel. She drafted laws and rules for the Supreme Court and was the first woman Standing Counsel to the General Synod of the Church of England.
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