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  • Writer's pictureJohn Brannigan Advocate

Considering a career at the Bar - What you need to know

Updated: Apr 6, 2023

John Brannigan Advocate at the Scottish Bar shares his experience of devilling during lock down and his personal journey to the Bar. He demystifies the cost element of becoming an Advocate and provides detailed insight into the funding and scholarships available. He also provides a breakdown of the admission process and procedure for admission as an Intrant, and the Faculty exams. John completed a period of devilling between October - June 2021 and called to the Bar in June 2021.

Source: https://www.europeanlawinstitute.eu/membership/institutional-members/faculty-of-advocats/

A precis of the route to Admission The rules and regulations regarding admission to the Faculty are set out in the ‘Regulations as to Intrants’ guide which can be found on the Faculty’s website. I will provide a precis here of some of the main steps which have to be undertaken in order to be admitted as a Member of Faculty. Firstly, an applicant must apply to matriculate by mid-October of the year prior to that in which they hope to devil. In the same year as applying to matriculate, notice must be given to sit the Faculty exams. The exam period will then take place in February of the following year and there is a resit diet in May. Notice to resit, if required, must be given by 31 March. Once all exams are passed, by 30 June notice must be given that you intend to commence devilling (the Scottish equivalent of a pupillage in England and Wales) that year. There is one intake of ‘devils’ each year which begins in late September/early October.


Procedure for Admission as an Intrant


Let’s take a closer look at the steps which you require to take to become an Intrant.

The first step is to Petition the Court. This is purely a formal procedure and the

Petition will be presented to the Court through the Clerk of Faculty. The Court will

then remit the application to the Faculty of Advocates and an Intrant can then begin

to matriculate. Before matriculating, a prospective Intrant must present a certificate

of good character and provide references from two persons of standing in the

community.

Pictured: John Brannigan, Advocate
Pictured: John Brannigan, Advocate

The Faculty Exams


This can be the most anxious step in the process, not least because it involves going

back to the days of hitting the books like a student.


As a student at University I elected to study Roman Law, Jurisprudence and

International Private Law. Some of my contemporaries did not and were required to

pass these exams in addition to the Faculty Exams.


There are four Faculty exams which are: (i) criminal practice and procedure; (ii)

criminal evidence; (iii) civil practice and procedure; (iv) civil evidence. The exams

require a degree of memory skills because it involves a demonstration of one’s ability

to identify and apply legal rules as well as demonstrating a command of case law.


Cost


One of the most common questions I am asked is, how much does it cost? There are

several costs involved at various stages along the route to being admitted as a

Member of Faculty. These are:-


(i) A Court Fee of £300 is payable on the Petition to the Court to be admitted

as an Intrant;

(ii) A fee of £150 is payable as the Fee for Matriculation;

(iii) Entry money of £850 is payable immediately before admission and

represents the Intrant’s capital contribution to the corporate facilities

provided by the Faculty for its members. This is also payable in

instalments;

(iv) A fee of £150 + VAT is charged for every examination paper of which there

are four exam papers, as we looked at briefly, above.


On one view the biggest hurdle is that the 9-month period of devilling is unpaid. This

involves a substantial financial commitment, often requiring that the devil has behind

them some savings to tide them over during these 9 months. It can of course be a

struggle if one adds in commitments such as household bills etc.


However, the Faculty is conscious that lack of means during devilling may constitute

an obstacle to individuals who wish to practise as advocates. As a result, four

scholarships schemes are available to prospective devils: the Lord Reid Scholarship, the Faculty Scholarship, the Lord Hope Scholarships, and the new SCLR scholarship.


The Scholarships


The Lord Hope Scholarship was launched at a conference of the Scottish Ethnic

Minorities Lawyers Association (SEMLA) in November 2018 and is funded by

contributions made by existing members of Faculty. In addition, one or more Faculty

Scholarships may be awarded each year.


The Lord Reid Scholarship is awarded in honour of the late Lord Reid of Drem, who

generously bequeathed sums to the Faculty with the intention that they be used for

educational scholarships. One Lord Reid Scholarship is usually awarded annually, to

the outstanding applicant.


The Scottish Council of Law Reporting (SCLR) is providing £5,000 for a scholarship

to support devilling (pupillage), which will be administered by the Faculty in tandem

with its own programmes.


The Lord Hope, Faculty and SCLR Scholarships have as their aim improving

accessibility to the Bar. Applicants must demonstrate sufficient ability to merit the

award, but greater weighting is given to those in financial need or to those from

groups currently under-represented at the Scottish bar.


The upshot is that there is financial support available and I would urge anyone

considering a career at the Bar to consider applying for a scholarship.


A little bit about my own journey to the Bar


It might be useful to finish off with a little personal insight from me of what I found the

process to be like. The period leading up to the Bar Exams was a period of study;

waking up earlier to study in the morning before work and then studying late at night

after work. It really felt like being a law student again! The matriculation process was

simply a series of formal, straightforward steps.

Pictured: John Brannigan, Advocate on the day of his calling ceremony in the Octagonal Room within Parliament Hall.
Pictured: John Brannigan, Advocate on the day of his calling ceremony in the Octagonal Room within Parliament Hall.

After all of these steps are completed and the devilling process begins, that is when the

feeling sinks in that you are about to join such an ancient, esteemed membership.

My devilling period was affected because of Covid-19. The majority of our course

was online but it didn’t affect the quality of the teaching and we were able to catch up

on all the missed opportunities to socialise once restrictions were lifted. It was a

fantastically rewarding period and one which both strengthened and honed by legal

skills, written and oral.


My first year as an Advocate has been more than I could ever have hoped for. Not

only have I quickly established a very busy practice but I have had the opportunity to

work with some of the country’s finest QC's in some high profile cases.


For anyone considering a career at the Bar, do it.


Feel free to connect with me on Linkedin, you will find my contact details, profile and CV on Black Chambers website under Junior Counsel.




By John Brannigan, Advocate at Faculty of Advocates, Black Chambers


You can find more information about how to become an Advocate on the Faculty of Advocates website.


Views expressed in guest posts are those of the authors and do not necessarily reflect those of The Scottish Lawyer.

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