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Scotland

When the Kingdoms of England and Scotland merged to form the Kingdom of Great Britain in 1707, the terms of the 1706 Treaty of Union that led to the union guaranteed that Scotland's legal system would continue, separate from that of England and Wales.

Scots law is founded upon Roman or Civil law, although today it has evolved into a pluralistic system, using both civil and common law. As in England & Wales, lawyers in Scotland are divided into two groups: solicitors and advocates. Solicitors are members of the Law Society of Scotland, and are only entitled to practice in the lower courts of Scotland, while advocates are members of the Faculty of Advocates and are permitted to appear in the superior High Court of Justiciary and Court of Session. Membership of either (but only one) body can be attained either by sitting that body's professional exams, or by obtaining exemption through the award of a qualifying law degree and successful completion of the Diploma in Legal Practice.

The Diploma in Legal Practice trains students on the practical elements of being a lawyer in Scotland, and consists of a broad range of compulsory modules. The Diploma is currently taught at the Universities of Aberdeen, Dundee, Edinburgh, Glasgow, and Strathclyde, and the Robert Gordon University.

After completion of the Diploma, students wishing to become solicitors undertake a two-year traineeship with a law firm, before being admitted as full members of the Law Society. In order to become an advocate, students undertake a period of training of twenty-one months with a solicitor, before a further nine-month unpaid traineeship with an experienced Advocate, known as devilling.

Scottish solicitors and advocates are entitled to practise elsewhere in the European Union, provided that they satisfy the requirements of the relevant EU Directives. However, to practise elsewhere in the United Kingdom, further courses and examinations are required.

 


Date: 2015-01-02; view: 1079


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