This article investigates, with direct testimony, the development and passage of the Procurators (Scotland) Act 1865, which emerged from a grassroots movement of sheriff court practitioners led by the Ayr procurator James Murdoch. Despite some success in political lobbying, bringing support from government and the judges, what emerged was compromised and flawed legislation not quite meeting Murdoch’s vision of an improved profession. Part of this was the result of a critical approach to the enterprise, which was undertaken by the nascent legal periodical press in Scotland, but also the conservatism of the lord advocate in whose charge the Bill was placed. The process surrounding the reform of the law was nonetheless important in stimulating the development of a Scotland-wide professional association, the Incorporated Society of Law Agents, and helped bring the members of an atomized lower branch of the profession into a national force united by their common interests.
John Finlay (Wed,) studied this question.