Legal Definitions - deviling

In the legal profession, particularly within common law jurisdictions that utilize barristers, deviling refers to two distinct practices.

• First, it can describe the act of one barrister formally entrusting a case, or a specific part of a case, to another barrister to handle. This typically occurs when the original barrister is unavailable or believes another barrister possesses particular expertise better suited for a specific aspect of the matter.
• Second, and more commonly, deviling refers to the practice where a junior barrister (often called a "devil") performs preparatory legal work for a senior barrister. This work often involves drafting legal documents, conducting extensive research, or preparing arguments. The senior barrister then reviews, approves, signs, and ultimately takes full professional responsibility for the work produced by the junior. This practice is a crucial part of a junior barrister's training and professional development.

Examples:

• Example 1 (Delegation of a Case): Barrister Anya has a scheduling conflict and cannot appear in court for a client's preliminary hearing next Tuesday. She arranges for Barrister Ben, a colleague with expertise in that specific area of law, to take over the hearing on her behalf. Anya formally hands over the brief and relevant documents to Ben, ensuring he has all necessary information to represent the client effectively.

  Explanation: This illustrates deviling as the act of one barrister (Anya) delegating a specific court appearance and the associated responsibilities of a case to another barrister (Ben) due to unavailability.

• Example 2 (Junior Assisting Senior): A senior barrister, Mr. Chen, is preparing for a complex commercial litigation case. He assigns his junior, Ms. Diaz, the task of drafting the initial statement of claim, including outlining the factual basis and legal arguments. Ms. Diaz spends several days researching and drafting the document. Mr. Chen then meticulously reviews her draft, makes some revisions, and ultimately signs the final document, taking full responsibility for its content before it is filed with the court.

  Explanation: Here, deviling describes Ms. Diaz's work in drafting a key legal document for Mr. Chen, who supervises, approves, and assumes ultimate responsibility for her work. This is a common way junior barristers gain practical experience under senior guidance.

• Example 3 (Urgent Research and Drafting): During a high-profile criminal trial, Senior Counsel Eleanor needs a detailed legal memorandum on a specific point of evidence law by the next morning to support her argument. She asks her "devil," Mr. Frank, to research the relevant statutes and case law and prepare the memorandum overnight. Mr. Frank works diligently, and Eleanor reviews his memo the next day, incorporating its findings into her cross-examination strategy and taking full ownership of the legal position presented.

  Explanation: This example further demonstrates deviling as a junior barrister (Mr. Frank) performing urgent and critical research and drafting tasks for a senior barrister (Eleanor), who then uses and takes responsibility for the output in a live legal proceeding.