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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 legal systems of the United Kingdom or Ireland.
The prospective advocate is placed under the care of a devilmaster, who traditionally must not be a Queen'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 their master. It will usually take place during the year after which the devil has been called to the bar by the King's Inns, although it is frequently done later when the barrister wishes to begin practice.
In order to exercise rights of audience in the Irish Courts, a qualified barrister must devil for at least one year. The work is generally unpaid and there is no obligation on the Master to even cover the costs of the Devil. A barrister who has not devilled 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.
England and Wales
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.
The "Treasury Devil" is the colloquial term for the First Treasury Counsel (Common Law), formerly Junior Counsel to the Treasury (Common Law) and First Junior Treasury Counsel (Common Law), a private practitioner barrister who represents Her Majesty's Government in the civil courts. It is tradition that the Treasury Devil is made a High Court Judge after the end of their term in office. The current Treasury Devil is James Eadie QC, who was appointed in 2009.
List of Treasury Devils
- As Junior Counsel to the Treasury (Common Law)
- 1930–1935: Wilfrid Lewis
- 1935-1945: Valentine Holmes
- 1945–1950: Hubert Parker
- 1950–1954: John Ashworth
- 1954–1959: Rodger Winn
- 1959–1964: Roualeyn Cumming-Bruce
- 1964–1968: Nigel Bridge
- As Senior Counsel to the Treasury (Common Law)
- 2007–2014: Edward Brown QC
- As First Junior Treasury Counsel (Common Law)
- 1968–1974: Gordon Slynn
- 1974–1979: Harry Woolf
- 1979–1984: Simon Brown
- 1984–1992: John Laws
- 1992–1997: Stephen Richards
- 1997–2006: Philip Sales
- As First Treasury Counsel (Common Law)