Devilling is the period of training, pupillage or junior work undertaken by a person wishing to become an advocate in one of the English-speaking common law systems of the United Kingdom, Ireland, Hong Kong, and Australia.
While there is currently no consensus on the origin of the term, it likely was borrowed from the existing phrase 'printer's devil', (or printer's apprentice) the origin of which is also in dispute. One possible explanation is that, in the earliest stages of moveable type, most if not all printings were of bibles and biblical passages. When an error occurred with the new and complex technology, the mistake would be blamed on the Devil. As the profession grew, young apprentices were equally easy to blame, and thus became the replacement scapegoat for any errors.[1]
Scotland
The prospective advocate is placed under the care of a devilmaster, who traditionally must not be a King'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.
Ireland
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 called their master. A barrister is called to the bar after successfully completing the course of barrister-at-law in the King's Inns, but during their first year of practice, they must devil for one year. It is common for barristers to also devil during their second year of practice.
The work is generally unpaid and there is no obligation on the master to cover the costs of the devil. A barrister who has not devilled cannot practice Irish law in Ireland, but 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.
Australia
Australia has a devilling process similar to that of the UK, with only nine months of apprenticeship required for new advocates. Additionally, the Bar Association of Australia requires devils be paid, with the official recommendation 50% of the barrister's fees.[2]
Treasury Devil
"Treasury Devil" is the colloquial term for the First Junior Treasury Counsel (Common Law), a private practitioner barrister who represents His Majesty's Government in the civil courts,[3] instructed by the Treasury Solicitor. It was a tradition that the Treasury Devil was made a High Court Judge after the end of his term in office.[4] There is no current Treasury Devil: Philip Sales (now Lord Sales), the last Treasury Devil, was appointed Queen's Counsel while serving in the role, and so ceased to be Junior Treasury Counsel and "Devil", and became First Treasury Counsel (Common Law). The incumbent in the role, James Eadie was appointed in 2009 when he was already a QC, and so also holds the position of First Treasury Counsel (Common Law).
Treasury Counsel (Common Law) should not be confused with the criminal barristers appointed to the Treasury Counsel team who are responsible for prosecuting the most serious criminal cases. The team is headed by the "First Senior Treasury Counsel (Criminal)"[5] and is composed of ten senior and seven junior Treasury Counsel. Treasury Counsel (Criminal) are so-named because historically they were also instructed by the Treasury Solicitor (who in earlier times was also Director of Public Prosecutions), although criminal prosecution is now overseen by the independent Crown Prosecution Service.
List of Treasury Devils
This list is incomplete; you can help by adding missing items. (December 2016)
^"The Bar Association of Queensland". qldbar.asn.au. Retrieved 15 September 2022.
^Richards, Stephen (1997). "The Role of the Treasury Devil". Judicial Review. 2 (4): 244–246. doi:10.1080/10854681.1997.11426972.
^Brooke, Henry (23 October 2016). "The Treasury Devil". sirhenrybrooke.me. Retrieved 6 December 2016.
^Attorney-General's office, New First Senior Treasury Counsel announced"
March 25, 2023
devilling, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar, jstor, january, 2017, l. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Devilling news newspapers books scholar JSTOR January 2017 Learn how and when to remove this template message Devilling is the period of training pupillage or junior work undertaken by a person wishing to become an advocate in one of the English speaking common law systems of the United Kingdom Ireland Hong Kong and Australia Contents 1 Etymology 2 Scotland 3 Ireland 4 England and Wales 5 Australia 6 Treasury Devil 6 1 List of Treasury Devils 7 See also 8 ReferencesEtymology EditWhile there is currently no consensus on the origin of the term it likely was borrowed from the existing phrase printer s devil or printer s apprentice the origin of which is also in dispute One possible explanation is that in the earliest stages of moveable type most if not all printings were of bibles and biblical passages When an error occurred with the new and complex technology the mistake would be blamed on the Devil As the profession grew young apprentices were equally easy to blame and thus became the replacement scapegoat for any errors 1 Scotland EditThe prospective advocate is placed under the care of a devilmaster who traditionally must not be a King 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 Ireland EditDevilling 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 called their master A barrister is called to the bar after successfully completing the course of barrister at law in the King s Inns but during their first year of practice they must devil for one year It is common for barristers to also devil during their second year of practice The work is generally unpaid and there is no obligation on the master to cover the costs of the devil A barrister who has not devilled cannot practice Irish law in Ireland but 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 EditThe 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 Australia EditAustralia has a devilling process similar to that of the UK with only nine months of apprenticeship required for new advocates Additionally the Bar Association of Australia requires devils be paid with the official recommendation 50 of the barrister s fees 2 Treasury Devil Edit Treasury Devil is the colloquial term for the First Junior Treasury Counsel Common Law a private practitioner barrister who represents His Majesty s Government in the civil courts 3 instructed by the Treasury Solicitor It was a tradition that the Treasury Devil was made a High Court Judge after the end of his term in office 4 There is no current Treasury Devil Philip Sales now Lord Sales the last Treasury Devil was appointed Queen s Counsel while serving in the role and so ceased to be Junior Treasury Counsel and Devil and became First Treasury Counsel Common Law The incumbent in the role James Eadie was appointed in 2009 when he was already a QC and so also holds the position of First Treasury Counsel Common Law Treasury Counsel Common Law should not be confused with the criminal barristers appointed to the Treasury Counsel team who are responsible for prosecuting the most serious criminal cases The team is headed by the First Senior Treasury Counsel Criminal 5 and is composed of ten senior and seven junior Treasury Counsel Treasury Counsel Criminal are so named because historically they were also instructed by the Treasury Solicitor who in earlier times was also Director of Public Prosecutions although criminal prosecution is now overseen by the independent Crown Prosecution Service List of Treasury Devils Edit This list is incomplete you can help by adding missing items December 2016 As Junior Counsel to the Treasury Common Law 1848 1864 William Newland Welsby 1864 1868 James Hannen 1868 1872 Thomas Dickson Archibald 1872 1879 Charles S C Bowen 1879 1883 A L Smith 1883 1890 R S Wright 1890 1905 Henry Sutton 1905 1912 Sidney A T Rowlatt 1912 1921 George A H Branson 1921 1930 Henry Martley Giveen 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 BridgeAs First Junior Treasury Counsel Common Law 1968 1974 Gordon Slynn 1974 1979 Harry Woolf 1979 1984 Simon D Brown 1984 1992 John Laws 1992 1997 Stephen Richards 1997 2006 Philip SalesAs First Treasury Counsel Common Law 2006 2008 Philip Sales QC 2009 present Sir James Eadie the first QC appointed directly to the positionSee also EditPupillage Training contract Printer s devil ArticlingReferences Edit Printer s Devil 17 July 2014 The Bar Association of Queensland qldbar asn au Retrieved 15 September 2022 Richards Stephen 1997 The Role of the Treasury Devil Judicial Review 2 4 244 246 doi 10 1080 10854681 1997 11426972 Brooke Henry 23 October 2016 The Treasury Devil sirhenrybrooke me Retrieved 6 December 2016 Attorney General s office New First Senior Treasury Counsel announced Retrieved from https en 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