Devils' Details — 7 lessons for future mini-devils at the Faculty of Advocates

Trial run — Bethany Craig's top tips for future mini-devils at the Faculty of Advocates

1) Maximise every opportunity to network and engage with those around you

Take full advantage of the opportunity to engage with the wide range of legal professionals involved in the mini-devilling scheme. These are individuals whose paths you may cross again in your future career, whether working alongside them, appearing before them or opposing them in court.

Although it may feel daunting to meet people you have seen on television or observed delivering challenging questions from the Bench, the individuals I have encountered in the legal profession are among the most distinguished and intelligent individuals you may ever meet, and some of the kindest, most approachable and genuinely supportive. You will never be made to feel inferior due to your level of experience or education in comparison to theirs.

2) Take notes – diligently and often

Note taking is essential. You will gain valuable insights directly from legal professionals – for example, I heard from judicial office holders as to traits in solicitors and counsel that can leave a negative impression on the court. These are lessons I continue to draw on in my ongoing development. With only 30 participants in the scheme, you are in a privileged position – do not let their knowledge and lessons bypass you.

During the advocacy exercises and mock trial, you will receive both positive and constructive feedback. This is a valuable opportunity to be critiqued by highly experienced legal professionals. Take notes and reflect on this advice – it will shape your future practise in meaningful ways.

Ensure to take notes when observing court hearings (after gaining the clerk of court’s permission to do so). Many aspects of the law and of advocacy are not formally taught at university and can only be learned through observation and experience. Participating in mini-devilling offers the chance to learn these practical elements early on. During the scheme I learned of s.263(4) of the Criminal Procedure (Scotland) Act 1995, which pertains to inconsistent prior statements – a section of the 1995 Act I had no prior knowledge of but one that will be imperative in my legal career. 

In anticipation of the mock criminal trial on the final day of the scheme, take notes on the language used in court to ensure accuracy in your advocacy. For example:

• “My Lord, the next witness is Crown witness number four, Mr Joe Bloggs. He is present to give evidence in person. This witness will speak to charges four and five on the indictment.”
• “Good afternoon, Mr Bloggs. Thank you for making yourself available to the court today.”
• “… and I will just note your address as ‘Care of Police Service of Scotland’ so you do not need to read your address aloud in open court.”

These are not technical legal notes, but practical, procedural details that are vital to learn and apply. I was commended on my knowledge of these throughout the scheme.

3) Do not be afraid or embarrassed to participate during training days

While participating in advocacy exercises and the mock trial, do not avoid participation in fear of being wrong. Each mini-devil is in the same position as you: there to learn, not to demonstrate perfection. The scheme, and the Faculty of Advocates as a whole, is a supportive environment; each individual involved wishes to see you learn and succeed.

Similarly, do not be afraid to ask the coordinators or guest speakers questions. These do not need to be complex legal questions. In my experience, many questions asked related to practical topics, such as work-life balance and artificial intelligence. This led to insightful discussions beneficial to all participants regardless of the area of law in which each mini-devil wished to practice.

4) Do not hesitate to ask your mini-devilmaster questions or for feedback

Your mini-devilmaster does not expect you to know everything. They themselves seek guidance from their devilmasters. While you may wish to impress your mini-devilmaster and other legal professionals throughout the programme by giving the impression that you are fully knowledgeable on all matters presented, the true value of the scheme lies in learning through curiosity. You must remember that you are there as a student to learn, and you will not learn if you do not ask questions. I repeatedly heard advocates state they had “a section 275”. At first, I did not want to ask what that meant, assuming I should already know. I eventually asked and realised I was familiar with the topic (ie, an application under s.275 of the Criminal Procedure (Scotland) Act 1995). That one question led to insightful conversations on several occasions. Indeed, thereafter when “a section 275” was mentioned, instead of bypassing the topic due to ignorance, I confidently engaged in fruitful conversation.

I established strong relationships with my mini-devilmasters and was able to ask for feedback on practice work including written submissions for criminal appeals. I was provided with example styles for written submissions that I could follow, and which are useful references as I prepare for future practice – all gained before officially entering the profession.

5) Do not let timetable conflicts deter you from applying

The allocated day for mini-devilling is Friday, whether that be shadowing your mini-devilmaster or attending training days and events. As a result, participants may be unable to enrol in certain modules in the second semester of the DPLP due to scheduling conflicts. If, like myself, you do find yourself in this situation, this should not stop you from applying. The scheme offers a unique opportunity that in my view outweighs the value of a missed elective. Indeed, much of what is taught on certain electives at certain institutions is, in fact, covered during mini-devilling – a different perspective on that particular area of practice, but one that is equally valuable, if not more so.

6) Plan your schedule strategically

Being proactive with your timetable will help you make the most of the scheme without compromising your other commitments. If possible, structure your university schedule and part-time work to leave a couple of weekdays free. Although Friday is the designated day for mini-devilling, I found there was flexibility when it came to shadowing opportunities.

I learned of my place on the scheme before finalising my second semester timetable, which allowed me to block off two days each week. This gave me the flexibility to attend more court hearings, consultations and take full advantage of what mini-devilling had to offer. I also made the most of opportunities during days I was based in Aberdeen for classes or work by attending consultations remotely or observing court proceedings in the afternoon.

7) Consider overnight accommodation

If you live a significant distance away from your shadowing location or from Edinburgh, where the training days and events are held, I strongly recommend arranging overnight accommodation for the evening prior. While not essential, and noting that costs for this are not reimbursed by the Faculty, this simple step can significantly enhance your experience.

On my first day of mini-devilling, I travelled from Aberdeen to Edinburgh on the 5.55am train, having woken at 4.00am Admittedly, I found it challenging to remain alert and fully engaged throughout the day.

Subsequently, when shadowing advocates or attending training days and events in Edinburgh, I arranged overnight accommodation at The Court CoDE Pod Hostel. Situated in the building of the city’s original courthouse and jail, the hostel is thematically styled to reflect its judicial history, which adds a unique and enjoyable touch to the experience. It is also conveniently located adjacent to Parliament House. The accommodation, which costs approximately £30 a night, provided a comfortable night’s rest and contributed to a much-improved experience the following day.

Choosing to stay overnight transformed mini-devilling into a more immersive and enjoyable experience. I would travel to Edinburgh the day before, often using the train journey to complete university work, prepare for the mock trial or watch the advocates I was shadowing in Murder Trial on BBC iPlayer. Upon arrival, I would explore the city before settling in to finish further work, either at the hostel or a nearby café. Following a proper night’s rest, I would begin the day refreshed, walking next door to Parliament House, the Mackenzie Building or across the road to the High Court of Justiciary for a full day of mini-devilling. Depending on my schedule, I would either return to Aberdeen that evening or remain in Edinburgh for the weekend.