The Mini-Devil’s Diary

I had the privilege of being a Mini-Devil at the Faculty of Advocates from January 2024 until March 2024. We are referred to as Mini-Devils in reference to the Devilling period prior to becoming an Advocate (also known as ‘Calling to the Bar’). Devilling is a period of around 9 months of training usually from October to June undertaken under the guidance of an Advocate of at least 7 years called, known as a Devilmaster. A Devil, as they are known throughout the Devilling period, usually has three Devilmasters; one with a primarily civil law practice, another with a primarily criminal law practice and a subsidiary Devilmaster with a primarily civil law practice. Devils begin with an intense period of training that lasts around 5 weeks commencing in October and have two further training periods each lasting around 2 weeks in January and May.

The Mini-Devilling Scheme is 10 weeks long and the intention is to demystify the role of an Advocate and the day-to-day work of an Advocate. Students are paired with Advocates, colloquially known as Mini-Devilmasters, throughout the duration of the Mini-Devilling Scheme. It is understood that students will usually spend one day a week either with their Mini-Devilmaster or in training sessions led by the Mini-Devilling Scheme’s co-ordinators. The first Mini-Devil was Antonia Welsh , now an Advocate in her own right, who completed the Scheme during her time on the Diploma in Professional Legal Practice at the University of Strathclyde.

I decided to keep a diary, à la Bilaal Shabbir , to help future Diploma students learn more about the Mini-Devilling Scheme.

Week 1

I arrived at Parliament House in Edinburgh just before the 2PM start time. We were greeted in Parliament Hall by Elisabeth Roxburgh and Dominic Scullion, the Mini-Devilling Scheme co-ordinators, and led down into Laigh Hall in the lower level where we each took turns introducing ourselves to our fellow Mini-Devils with a fun fact about ourselves.

We were then split up into two groups and taken on a tour of the main areas where we would be spending our time on the Mini-Devilling Scheme; the Court of Session, Parliament Hall, the Advocates’ Library and the Mackenzie Building, the latter is the building where Devils also receive their training workshops.

The first day ended with a drinks reception in the Reading Room in the Advocates’ Library hosted by the Dean of Faculty, Roddy Dunlop KC. The Dean of Faculty addressed the Mini-Devils and was clearly enthusiastic about the Mini-Devilling Scheme. I also had the opportunity to meet my Mini-Devilmaster, Graham Horn . I was able to hear from my Mini-Devilmaster about a case that he was working on that I would be able to go along to watch the following week.

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Week 2

I arranged a phone call with my Mini-Devilmaster on the Thursday evening to discuss the case and learn more about his role in the proceedings. It was an informative discussion that helped me to understand what procedure was being used and the different issues in the case.

I travelled through to Edinburgh on Friday morning to watch the proceedings at the Court of Session. I was intrigued to see how Advocates interacted with clients and instructing agents. I was introduced to everyone and then proceeded to learn more about the case from my Mini-Devilmaster through the tradition of walking up and down Parliament Hall. This tradition is used to ensure that no one else is able to hear all of a discussion to maintain privacy and secrecy to protect clients’ interests.

During the proceedings, I was able to watch the art of advocacy in action as experts were questioned using various methods that I have since read about and the Advocates were adapting their approach as they went along to suit the needs of the case. I was then able to discuss this further with my Mini-Devilmaster to understand why this approach was taken and this was also used as an opportunity to get to know each other better.

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Week 3

I attended closing submissions for the proceedings on the Tuesday where I had a day off from work and from Diploma classes. It was, again, a masterclass in advocacy to watch how the various threads were being weaved together whilst also ensuring each point was being effectively communicated to the Court.

There was also another opportunity to speak to my Mini-Devilmaster about various techniques of advocacy with a focus on this occasion on Cross-Examination. My Mini-Devilmaster referred me to Irving Younger’s ‘10 Commandments of Cross-Examination’ and to The Advocacy Podcast available through Spotify. These have been invaluable resources in developing my understanding of the importance of concise questioning and being methodical in preparing questions.

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Week 4

The Friday of this week was spent in the Mackenzie Building. The day started at 10AM with a panel discussion on Examination-in-Chief and Cross-Examination from Sheriff Craig Findlater, Elisabeth Roxburgh and Dominic Scullion. It was interesting to hear it from the perspective of Sheriff Findlater as someone who has practised as an Advocate and now hears cases as a Sheriff. This was helpful as we were able to learn what works well and what pitfalls to avoid. We also took part in a helpful and fun exercise in addressing judges in court through the use of film quotes: my film knowledge was quite useful when naming what films the quotes came from.

The afternoon session involved a panel discussion with the Solicitor-General, Ruth Charteris KC, Alex Prentice KC and Lynsey Rodger, Advocate Depute. The Solicitor-General spoke to us about her journey to the Bar and her work as the Solicitor-General. Alex Prentice KC spoke to us about the importance of the work of an Advocate Depute. Lynsey Rodger spoke about her appointment as an Advocate Depute and her journey to the Bar. The panel discussions were helpful in understanding the various routes into the Bar and to appreciate the different backgrounds that Advocates come from.

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Week 5

This Friday was spent working from home on a task assigned by my Mini-Devilmaster. I was given information and from that I was to prepare a letter of advice and an initial writ for a fictitious client. I was able to use what I had learned in my Diploma in Professional Legal Practice as a starting point in drafting the letter of advice and the initial writ. I reviewed the previous writs that I had submitted in class as a basis for the initial writ that I was asked to prepare. This exercise was helpful in not only understanding the work of an Advocate, but my Mini-Devilmaster advised me this is also a task that I would be asked to do during my traineeship.

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Week 6

This Friday was spent working in the picturesque library of The Royal Faculty of Procurators in Glasgow . I was able to receive feedback on my initial writ to understand what needed to be improved to ensure the key facts of the case were communicated effectively. My Mini-Devilmaster took time to explain the importance of written pleadings in civil cases and I realised quite quickly that I had not given written advocacy its due consideration. I was advised that cases are now often decided on the written pleadings so it is important to strive to produce the best written submissions that clearly state the case with sufficient detail to ensure key points are not missed. The civil practise of advocacy is of course different from the criminal practise of advocacy in this respect. I was then tasked with reviewing the initial writ and going over the work taking into consideration the feedback provided by my Mini-Devilmaster.

I had the opportunity to have lunch with my Mini-Devilmaster and another newly called Advocate. This was helpful as I was able to learn about the journey of another Advocate and what their main areas of practice are. At this time, my Mini-Devilmaster recommended using Bar Manuals to improve my approach to case preparation and advocacy. The two books that were recommended were the Bar Manual on Case Preparation and Opinion Writing and the Bar Manual on Advocacy, both published by Oxford University Press in collaboration with the City Law School. Whilst these books are focused on principles of common law, they do benefit those engaged in the practise of Scots law as they develop key skills that can be transferred across jurisidictions.

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Week 7

This Friday was again spent in the library of the Royal Faculty of Procurators in Glasgow. My Mini-Devilmaster, again, took time to go over the initial writ that I had produced to show where I had improved and provided further feedback as to where I required more detail. My Mini-Devilmaster provided me with key books on writing written pleadings to ensure that I was able to understand the various styles that can be used. This exercise was especially helpful in understanding the level of detail required in an initial writ. It is also something that senior Advocates spend a great amount of time working to perfect by attending seminars and workshops to continuously develop their written advocacy skills.

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Week 8?

I submitted my initial writ to my Mini-Devilmaster during the week as I was attending workshops at the Mackenzie building again. The morning session of this week was a panel discussion with Alan Innes , a current Devil, Elisabeth Roxburgh and Dominic Scullion, both Advocates and the co-ordinators of the Mini-Devilling Scheme. The discussion was focused on the criminal trial that we were set to present in the final week of the Mini-Devilling Scheme. There was a significant degree of discussion about how the case should be reviewed and how the trials were to be conducted. There was also a focus on how Examination-in-Chief and Cross-Examination could be used effectively in this case building upon what we had discussed in previous weeks.

The afternoon session had three speakers attend to give their experiences of life at the Bar. The first talk was from the Advocate General for Scotland, Lord Stewart of Dirleton. I had the chance to speak to Lord Stewart beforehand and found out that he had also completed his Diploma in Professional Legal Practice at the University of Strathclyde. Lord Stewart’s talk was interesting particularly about the variety of work that he is involved in as Advocate General for Scotland.

The next speaker was a Senator of the College of Justice, Lady Drummond. Lady Drummond spoke about her journey as an Advocate and her varied career outside of Scotland. Lady Drummond’s experiences were by far the most varied and a change from what we normally hear of the careers of senior judges.

The final speaker of the day was the Keeper of the Library, Neil Mackenzie KC. The talk from Neil Mackenzie KC was on the art of advocacy in both its written and oral forms. Neil Mackenzie KC placed a great emphasis on reading and learning about advocacy to understand different ways of approaching and conducting a case. It was also a profound discussion on the tools required to become a successful Advocate. There was a particular emphasis on the notion that these tools are developed and not innate. There was also a recommendation of books that should be read; ‘The Technique of Advocacy’ by John Munkman; ‘The Legal Mind’ by Gerald Abrahams; ‘The Golden Rules of Advocacy’ by Keith Evans and ‘Common Sense Rules of Advocacy for Lawyers’ by Keith Evans. I have since read ‘The Technique of Advocacy’ and I can say that it has changed my perspective on my approach to Cross-Examination and oral advocacy itself.

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Week 9

This week was spent at home reviewing the feedback provided by my Mini-Devilmaster to understand how I had improved from my first attempt at an initial writ. This was partly due to my Mini-Devilmaster’s busy schedule and due to a competition that I was attending on the Friday. I decided to spend the time preparing for my role as defence counsel. I used the processes that I learned throughout the workshops and through the talks given to us by the different speakers to start my case preparation. A useful tip that I learned, and one that was echoed by a few speakers, was to begin with the final submissions to understand what evidence needs to be brought out in the Examination-in-Chief and Cross-Examination to prove my case.

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Week 10

The Wednesday of the final week was spent in the library of the Royal Faculty of Procurators in Glasgow. My Mini-Devilmaster and I discussed the case that I had been assigned and the approach that I was looking to take. My Mini-Devilmaster sought to understand what I felt the key issues were and what points that I would put across to make my client’s case. I was able to give my Mini-Devilmaster my ideas and understanding of where the case should go and this discussion was helpful as it made me justify the route that I was taking to ensure it made logical sense.

My Mini-Devilmaster also took this as a further opportunity to review the latest initial writ that I had sent in to clarify if I had any concerns about the feedback that I was given. My Mini-Devilmaster has given me a fair amount of hard-earned wisdom that I will seek to carry throughout my career. A key piece of wisdom that I know will be useful for everyone at any stage is to understand that mistakes are inevitable. We can try our best to mitigate the number of mistakes or try our best to avoid the mistakes being quite so damaging, but they will inevitably occur. It is important to learn from them and it is important to own up to them. If no one is aware of what has happened then they will not be able to assist you in fixing it. This is something that I will be quite conscious of going into my traineeship as I know that I will make mistakes and I will try my best to learn from them.

The Thursday of this week was spent conducting the mock trials. The mock trials were judged by Advocates who had obtained the rank of King’s Counsel (also known as ‘taking silk’). These are senior Advocates with a wealth of experience so it was helpful to appear in front of them and get feedback on our advocacy skills. The feedback was positive and it included a few constructive points. It is important, especially as someone just starting out, to remember that you are not simply looking for praise, but instead looking for honesty in the feedback that is given to you as this will help you to understand areas that you need to work on.

The Mini-Devilling Scheme was brought to a close with a drinks reception hosted by the Lord President, Lord Carloway. Lord Carloway, much like the Dean of Faculty, was enthusiastic about the Scheme and wished us all well in our careers. He also gave us some wisdom about our approach to written pleadings.

The Mini-Devilling Scheme has been a fantastic experience and I would urge anyone that is studying the Diploma in Professional Legal Practice to speak to their institution about how they can get involved. It truly is rewarding and it will stand you in good stead as you begin your traineeship. It also helps to have a mentor outwith your firm to be able to go to with issues or concerns.

My time with my Mini-Devilmaster, Graham Horn , has been eye-opening. I cannot emphasise enough how much I have learned from our conversations and the exercises that he has assigned to me. It is important to note that Advocates are self-employed, so Graham gave up his time to be able to take part in this Scheme. This is also true of Advocates in the Devilling course, there is no salary or financial stipend for being a Devilmaster; it is something that an Advocate takes on to give back as they too had the benefit of having a Devilmaster. Devils are also unpaid and are unable to take on work unless it is approved by the Clerk of the Faculty of Advocates. There are a number of scholarships available to assist those coming to the Bar and this has been something that a number of currently practising Advocates have benefited from.

A further acknowledgment has to be given to Elisabeth Roxburgh and Dominic Scullion for being so giving of their time in organising and running the Mini-Devilling Scheme. It is clear that they are passionate about this Scheme as they run it alongside their busy schedules. There are also a number of speakers who have come along to speak to us and taken time out of their busy schedules to be able to give back to the future of the profession. There is a truly a collegiate atmosphere at the Faculty of Advocates and one which I have a greater understanding and respect for after completing this Scheme.

Makki Tahir is a student on the Diploma in Professional Legal Practice at the 英国斯特拉斯克莱德大学 . Makki previously graduated with a BA (Hons) in Law from the University of the West of Scotland in 2021 and graduated with a LLB (Graduate-Entry) from the 英国格拉斯哥大学 in 2023. Makki will be commencing a traineeship in September 2024 with Addleshaw Goddard .