22/12/2008
Historic appointments to the Faculty of Advocates
In what Scotland’s senior judge described as a unique occasion, Elish Angiolini QC, the Lord Advocate, and Frank Mulholland QC, the Solicitor General for Scotland, have been admitted to membership of the Faculty of Advocates.
Lord Hamilton, the Lord President of the Court of Session, said that as far as he had been able to discover this was the first time that a serving Lord Advocate or a serving Solicitor General had been admitted to the public office of advocate.
For centuries the Lord Advocate, the head of Scotland’s public prosecution service, and the Solicitor General, in effect deputy to the Lord Advocate, were appointed from the ranks of the Scottish Bar.
Mrs Angiolini’s career has been as a public prosecutor in the procurator fiscal service and her appointment as Solicitor General in December 2001 created legal history. She became the first woman, the first non-advocate and the first fiscal to be appointed to the post.
She was appointed as Lord Advocate in 2006 and Frank Mulholland, a senior member of the prosecution service, became Solicitor General the following year.
Intrants to the Scottish Bar take part in a two-stage admission ceremony. During the first part of the ceremony the new advocates are welcomed to membership of the Faculty of Advocates by the Dean of Faculty.
They then appear in court where a judge administers the Declaration of Allegiance to the Queen, after which they don the wig and gown which are their badges of office.
Lord Hamilton, sitting with Lord Gill, the Lord Justice Clerk and Lord Osborne, administered the Declaration of Allegiance in the case of Mrs Angiolini and Mr Mulholland.
Looking back at the history of the court and the profession of advocate, Lord Hamilton said that early regulations provided for the selection and licensing by the court of up to ten men ‘of best name, knowledge and experience’ to plead cases before the judges.
Any other ‘cunning and able’ applicants could be admitted if approved by the court.
The Faculty traces its roots back to at least 1532 and the Lord President said there was reference to the ‘Dene of the Advocattis of Session’ in 1582. By 1608 there were about 60 advocates licensed to plead.
Lord Hamilton added: ‘Although in due course the Court remitted to the Faculty the task of examining prospective advocates, the Court retained and retains a responsibility for admitting to the public office of advocate, with the rights of audience conferred by that office, those whom the Faculty has admitted to its membership. That is why we have this ceremony today.’
Earlier in the Reading Room of the Advocates Library, Richard Keen QC, Dean of Faculty, welcomed Mrs Angiolini and Mr Mulholland to membership of the Scottish Bar.
He said: ‘The Faculty has a long and noble tradition of service to Scotland and to the people of Scotland. It has shown, particularly during its most recent history, a capacity for change and development. Consequently, members of Faculty continue to play a vital role in a modern Scottish society.
‘Today perhaps more than any other time in its history the Faculty faces scrutiny and questioning. In the face of such scrutiny and enquiry it is important that we should remind ourselves and others of our place as a professional body in public life.
‘As a professional body of lawyers we have a commitment to the common good; to the rule of law; and to the maintenance of a just and prosperous society.’
Mr Keen said advocates must demonstrate not only the knowledge and skills required of their profession but the integrity and independence necessary for the interests of justice and to maintain public faith in the legal process.’
In an earlier statement to the media Mr Keen said: ‘Mrs Angiolini and Mr Mulholland have played a leading role in the legal profession for a number of years and it is entirely appropriate that they should join the Faculty with its long tradition of service to the justice system and to the people of Scotland.’
Mr Keen said that having the law officers as members of Faculty restored the position which had existed for hundreds of years.
Mrs Angiolini and Mr Mulholland said they were honoured to join the Faculty of Advocates ‘which is highly respected for its central role in delivering independent legal services to Scotland.’