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Scotland Advocates Code

Submitted by Rosebella Nyonje on Thu,18/07/2013
Long Title
Guide to the Professional Conduct of Advocates in Scotland
Published/Promulgated by
Name of entity
The Faculty of Advocates
Type of entity
Court
Entity Contact
http://www.advocates.org.uk/index.html
Year
2011
Country
United Kingdom
Jurisdiction within country
Scotland
Who is subject to this regulation?
Barristers/Advocates
Lawyers generally
Abstract
The Faculty of Advocates (http://www.advocates.org.uk/index.html) is a body of independent lawyers who have been admitted to practise as Advocates before the Courts of Scotland. Faculty records date as far back as 1532 when the College of Justice was established by an Act of the Scottish Parliament, though its origins are believed to pre-date that event. It is self-regulating, and the court delegates to the Faculty the task of preparing Intrants for admission as Advocates. This task involves a process of examination and practical instruction known as devilling, during which Intrants benefit from intensive structured training in the special skills of advocacy.
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". Although convenient, use of the word "rule" would be misleading if it were thought to imply that the rule is absolute and subject to no exceptions whatever the circumstances. The Guide must be read as a whole and interpreted according to its spirit rather than its letter. For the same reasons, it must not be assumed that it is enough for an Advocate to keep within the letter of a "rule" as stated in the Guide. It cannot be stressed too strongly that the ultimate test of an Advocate's conduct is whether it is such as to impair the trust and the confidence which others place in him and his profession.
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Lawyer Regulation