ONE of Scotland's leading QCs has called for former Lord Advocate Elish Angiolini's admission to the Faculty of Advocates to be rescinded because she does not have the appropriate qualifications.
Legal elder statesman Ian Hamilton said Dame Elish should not have been allowed to join the faculty as she has neither completed the proper exams nor gone through the process known as “devilling”, which involves shadowing an experienced advocate without pay for nine months.
Dame Elish joined the Terra Firma stable of advocates earlier this month and was made an honorary member of the faculty in 2008 alongside Solicitor General Frank Mullholland.
Mr Hamilton says her appointment should be struck out as admission to the 470-year-old body should not be treated as a “meaningless ritual”.
He also questioned whether Dame Elish, who was involved in a public spat with Scotland’s senior judge Lord Hamilton over the collapse of the World’s End murder trial, is a fit and proper person to join the faculty.
Writing in the legal journal The Firm, Mr Hamilton said: “Since she only demitted office as Lord Advocate on or about May 1, 2011, she cannot have spent the usual nine months devilling.
“Is devilling no longer necessary or was a special dispensation given to Dame Elish Angiolini? If so, why?
“Before anyone is admitted to the office of advocate a notice of intent is posted on the walls of the court in order that objections may be taken by the public as to the fitness of the entrant to become an advocate.
“Was this dispensed with in the case of Dame Elish? If so why?
“Further, this lady has been publicly censured by the Lord Justice General. No one who has been so censured has ever passed advocate in the last 300 years.”
The title of QC was conferred on Dame Elish when she joined the faculty, and she was given the right to appear in the High Court.
Mr Hamilton also questioned whether political pressure had been brought to bear to admit Dame Elish, as she was the first solicitor to be made Lord Advocate with out first actually becoming an advocate. He added: “Apart from the Roman Emperor Caligula making his horse a Senator of Rome, is there any precedent for such an admission to the Faculty of Advocates?”
Terra Firma would not comment on Mr Hamilton’s remarks, and Dame Elish could not be contacted for her response.
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