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An advocate is a professional in the field of law. Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, in Scots law, Manx, Anglo-Dutch law, Italian, French, Spanish, Portuguese, Scandinavian, Polish, , South Asian and South American jurisdictions, "advocate" indicates a lawyer of superior classification.An advocate would be the most essential part of the European jurisdictions (law n. 133), Jus Navigandi, FERREIRA, Éder , pesquisados em 7 de abril de 2008
"Advocate" is in some languages an honorific for lawyers, such as "Alberico Gentili". "Advocate" also has the everyday meaning of speaking out to help someone else, such as patient advocacy or the support expected from an elected politician; this article does not cover those senses.
Advocates, who formed the senior branch of the legal profession in their field, were Doctors of Law of the University of Oxford, Cambridge, or Dublin and of the Society of Doctors' Commons.
Advocates lost their exclusive rights of audience in probate and divorce cases when the Crown took these matters over from the church in 1857, and in Admiralty cases in 1859. The Society of Advocates was never formally wound up, but its building was sold off in 1865 and the last advocate died in 1912.
Barristers were admitted to the Court of Arches of the Church of England in 1867. More recently, Solicitor Advocates have also been allowed to play this role.
The Faculty has a service company, Faculty Services Ltd, to which almost all Advocates belong, which organized the stables (sets of Advocates or barristers' chambers) and fee collection. This gives a guarantee to all newly called Advocates of a place. Until the end of 2007, there was an agreement with the Law Society of Scotland, which is the professional body for Scottish solicitors, as to the payment of fees, but this has now been replaced by the Law Society. It remains the case that Advocates are not permitted to lawsuit for their fees, as they have no contractual relationship with their instructing solicitor or with the client. Their fees are honorarium.
Advocates wear wigs, white bow-ties (or falls in the case of senior counsel), straps and gowns as a dress in court.
Until 2007, a number of young European lawyers were given a placement with Advocates under the European Young Lawyers Scheme organized by the British Council. They are known as 'Eurodevils', in distinction to the Scottish 'devils'. This scheme was withdrawn by the British Council. In January 2009, a replacement scheme began.
Lawyers qualified in other European Union states (but not in England and Wales) may have limited rights of audience in the Scottish supreme courts if they appear with an advocate, and a few solicitors known as 'solicitor-Advocates' have rights of audience, but for practical purposes, Advocates have almost exclusive rights of audience in the supreme courts – the High Court of Justiciary (criminal), and the Court of Session (civil). Advocates share the right of audience with solicitors in the and justice of the peace courts.
It used to be the case that Advocates were completely immune from suit etc. while conducting court cases and pre-trial work, as they had to act 'fearlessly and independently'; the rehearing of actions was considered contrary to public interest; and Advocates are required to accept clients, they cannot pick and choose. However, the seven-judge English ruling of Arthur J.S. Hall & Co. (a firm) v. Simons 2000 (House of Lords) declared that none of these reasons justified the immunity strongly enough to sustain it. This has been followed in Scotland in Wright v Paton Farrell (2006) obiter insofar as civil cases are concerned.
To become an advocate, it is normally necessary to hold either a qualifying law degree with no less than lower second class (2:2) honors, or else a degree in another subject with no less than lower second class (2:2) honors complemented by the Common Professional Examination. It is then necessary to obtain a legal professional qualification such as the Bar Professional Training Course or the Legal Practice Course. It is not, however, necessary actually to be admitted as an English barrister or solicitor to train as an advocate.
Trainee Advocates (as are now more usually known) normally undertake a period of two years' training articled to a senior advocate; in the case of English barristers or solicitors who have been practicing or admitted for three years this training, the period is reduced to one year. Foreign lawyers who have been registered as legal practitioners in the Isle of Man for a certain time may also undertake a shorter period of training and supervision. During their training, all trainee Advocates are required to pass the Isle of Man bar examinations, which include papers on civil and criminal practice, constitutional and land law, and company law and taxation, as well as accounts. The examinations are rigorous and candidates are limited to three attempts to pass each paper.
Senior English barristers are occasionally licensed to appear as Advocates in cases expected to be unusually long or complex, without having to pass the bar examination or undertake further training: they are permitted only to act in relation to the matter for which they have been licensed. Similarly, barristers and solicitors employed as public prosecutors may be licensed to appear as Advocates without having to pass the bar examination or undertake further training: they are permitted only to act as such only for the duration of that employment.
The professional conduct of Advocates is regulated by the Isle of Man Law Society, which also maintains a library for its members in Douglas. While Advocates in the Isle of Man have not traditionally prefixed their names with 'Advocate' in the Channel Islands manner, some Advocates have now started to adopt this practice.
To be eligible to practice as an advocate in Jersey, it is necessary first to have a law degree from a British university or a Graduate Diploma in Law and to have qualified as a recognized legal professional in England and Wales, Scotland or Northern Ireland.Advocates and Solicitors (Jersey) Law 1997 Thereafter, a candidate must undertake two years of practical experience in a law office dealing with Jersey law, enrol on the Jersey Law Course provided by the Institute of Law, Jersey and pass examinations in six subjects. Alternatively, a person may apply to become a Jersey advocate two years after qualifying as a Jersey solicitor.
To become an advocate in Guernsey, one has to possess a valid law degree or diploma, plus a qualification as an English barrister or solicitor, or a French avocat. They must then study for the Guernsey Bar. Three months of study of Normans law at the Université de Caen (University of Caen) is required; this is no longer required for entry into the legal profession in Jersey.
Guernsey Advocates dress in the same way as barristers, but substitute a black biretta-like toque for a wig, while those in Jersey go bare-headed. Advocates are entitled to prefix their names with 'Advocate'; e.g. Mr. Tostevin is called to the Guernsey Bar and is henceforth known as Advocate Tostevin.
The head of the profession of advocate in each bailiwick is called the Bâtonnier.
Dutch advocates are admitted to the bar conditionally, and have full rights of audience with the district courts and court of appeal. In order to obtain unconditional qualification, the advocate has to complete the Dutch bar education ( Beroepsopleiding Advocaten) and fulfil certain requirements (which may vary among the various judicial regions within the Netherlands) under the supervision of a senior advocate (the patroon) for a period of at least three years, called the stage. During this time, the advocate is referred to as an advocaat-stagiair(e).
In court, advocates must wear a long black robe (a toga) and a white pleated band (a bef).
However, one does not necessarily have to be an advocate to represent a party in the Nordic countries legally. In Norway, a person with an appropriate law degree, for example, can practice law as a registered legal advisor ( rettshjelper) instead, which gives many of the same rights as an advocate's title. Both in Sweden and Norway any adult, in theory, can represent a party in court without any prior approval, training, license or advocate title. In practice it's unusual, and in Norway, it's subject to the approval of the court, which is unlikely to give it except in very simple cases.
In English, the Scandinavian title of advokat is interchangeably also translated as barrister, lawyer or attorney-at-law.
An examination is administered by the qualifications commission of regional advocate's chamber for admission to its . To sit for the exam, one must have a higher legal education and also two years of experience in legal work after graduation or a training program in a law firm after graduation. The exam is both written and Oral exam, but the main test is oral. The written exam takes place in the form of computer testing and includes issues of the professional conduct of advocate and advocate's professional responsibility. After successfully passing of the written exam the candidates are allowed to take the oral exam. As part of the oral exam, the candidate must demonstrate his knowledge in various bodies of law and solve some mimic a real-life legal tasks. The candidate who does not pass the qualification exam can try to pass it again after 1 year only. The qualifications commission is composed of seven Advocates, two judges, two representatives of the regional legislature, and two representatives of the Ministry of Justice.
After successful passing the qualification exam a candidate should take the oath of advocate. From the moment of taking the oath, he becomes an advocate and a member of the advocate's chamber of the relevant federal subject of Russia. Advocate's chamber sends relevant information to the territorial subdivision of the Ministry of Justice of the Russian Federation, which includes the new advocate in the register of Advocates of the relevant federal subject of Russia and issues to him an advocate's certificate, which is the only official document confirming the status of an advocate, on the basis of this information. The status of an advocate is granted for an indefinite period and is not limited by any age. There is only 1 advocate's chamber in each federal subject of Russia. Each advocate can be the member of only 1 advocate's chamber and can be listed in the register of Advocates of the relevant federal subject of Russia only. In case of relocation to another region, the advocate ceases to be a member of the advocate's chamber and should be excluded from register of Advocates at the old place of residence (advocate's certificate should be returned to the subdivision of the Ministry of Justice of the Russian Federation, which issued it), and after that he becomes a member of the advocate's chamber and is included in the register of Advocates at the new place of residence (where he receive new advocate's certificate) without any exams. Each advocate can carry out his professional activity throughout Russia, regardless of membership in particular regional advocate's chamber and regardless of particular regional register where he is listed in. Advocates carry out their professional activity individually (advocate's cabinet) or as the member of advocate's juridical person (collegium of Advocates, advocate's bureau). Advocate can open own cabinet after at least 3 years legal practice in collegium or bureau. An advocate, who has opened own cabinet, can not be the member of any advocate's juridical person, and an advocate, who is the member of one advocate's juridical person, can not be the member of any other advocate's juridical person. Advocate is obliged to report to advocate's chamber any changes in his membership in a collegium or a bureau and, equally, opening and closing a cabinet.
An advocate can not be an individual entrepreneur, government official, Municipality official, notary, judge, Election official. An advocate can not work under an employment (Labour law) contract, with the exception of Science and Teacher activities. An advocate may combine his status with the status of a patent attorney, a trustee in bankruptcy. An advocate may be a shareholder/Ownership of business and a member of voluntary associations and Political party. Russian advocate may have a status of advocate (attorney, barrister, solicitor) in foreign jurisdiction, subject to above conditions.
law provides for voluntary and involuntary suspension of advocate's status. Voluntary suspension for a term of 1 to 10 years occurs when an Advocate files relevant application to the advocate's chamber. Involuntary suspension is applicable in cases of serious illness, election to an elected position in federal, regional or local authorities, military conscription, declaration of absence made by the court decision. An Advocate can not carry out advocate's activity during suspension, otherwise he may be deprived of the right to be an Advocate. After the end of the suspension, advocate's status should be resumed without any additional conditions. Also law provides for voluntary and involuntary termination of advocate's status. Voluntary termination of the status occurs when an Advocate files relevant application to the advocate's chamber. Involuntary termination of the status is applicable in cases of death, declaration of no having legal capacity or having limited legal capacity made by the court decision, conviction for intentional crime made by the court decision, violations of the federal law regulating advocate's activity or advocate's code of conduct found by advocate's chamber. The latter two cases incur lifetime prohibition on being an Advocate. In other cases, ex-Advocate can go back to being an Advocate on general grounds through a passing the qualification exam, on condition that the reasons for termination of advocate's status have ceased to exist.
Advocate's chambers are professional associations of Advocates, which are based on mandatory membership of Advocates. All regional advocate's chambers are mandatory members of Federal Chamber of Advocates of Russian Federation (), which is professional association at the federal level.
As of 2018, there were 49,4 Advocates per people in Russia.
In Russia, foreign Advocates can advise on the legislation of their countries; they should register in the special register maintained by the Ministry of Justice of the Russian Federation to obtain the right to carry out this activity. Foreign advocate can in addition become Russian advocate. There are two possible paths for that. The first possibility is to become Russian advocate on the same basis as Russian citizens (i.e. through higher legal education in one of Russian universities, two years of experience in legal work in Russia after graduation or a training program in Russian law firm after graduation, successful passing the qualification exam). Since Russia's WTO Accession the second possibility is available: foreign advocate can just pass special qualification exam to become Russian advocate.
Each State has a Bar Council of its own whose function is to enroll the Advocates willing to practice predominantly within the territorial confines of that State and to perform the functions of the Bar Council of India within the territory assigned to them. Therefore, each law degree holder must be enrolled with a (single) State Bar Council to practice in India. However, enrollment with any State Bar Council does not restrict the Advocate from appearing before any court in India, even though it is beyond the territorial jurisdiction of the State Bar Council which he is enrolled in.
The advantage of having the State Bar Councils is that the workload of the Bar Council of India can be divided into these various State Bar Councils and also that matters can be dealt with locally and in an expedited manner. However, for all practical and legal purposes, the Bar Council of India retains with it, the final power to take decisions in any and all matters related to the legal profession on the whole or with respect to any Advocate individually, as so provided under the Advocates Act, 1961.
The process of being entitled to practice in India is twofold. First, the applicant must be a holder of a law degree from a recognised institution in India (or from one of the four recognised Universities in the United Kingdom) and second, must pass the enrollment qualifications of the Bar Council of the state where he/she seeks to be enrolled. For this purpose, the Bar Council of India has an internal Committee whose function is to supervise and examine the various institutions conferring law degrees and to grant recognition to these institutions once they meet the required standards. In this manner, the Bar Council of India also ensures the standard of education required for practicing in India is met with. As regards the qualification for enrollment with the State Bar Council, while the actual formalities may vary from one State to another, yet predominately they ensure that the application has not been a bankrupt /criminal and is generally fit to practice before courts of India.
Enrollment with a Bar Council also means that the law degree holder is recognised as an Advocate and is required to maintain a standard of conduct and professional demeanor at all times, both on and off the profession. The Bar Council of India also prescribes "Rules of Conduct" to be observed by the Advocates in the courts, while interacting with clients and even otherwise.
All Advocates in India are at the same level and are recognised as such. Any distinction, if any, is made only on the basis of seniority, which implies the length of practice at the Bar. As a recognition of law practice and specialisation in an area of law, there is a concept of conferral of Senior Advocate status. An Advocate may be recognised by the Judges of the High Court (in case of an Advocate practicing before that High Court) or by the Supreme Court (in case of the Advocate practicing before the Supreme Court). While the conferral of Senior Advocate status not only implies distinction and fame of the Advocate, it also requires the Senior Advocate to follow higher standards of conduct and some distinct rules. Also, a Senior Advocate is not allowed to interact directly with the clients. He can only take briefs from other Advocates and argue on the basis of the details given by them. From the year 2010 onward a mandatory rule is made for lawyers passing out from the year 2009–10 to sit for an evaluation test named AIBE (All India Bar Exam) for one to qualify as an advocate and practice in the courts. However, to practice law before the Supreme Court of India, Advocates must first appear for and qualify in the Supreme Court Advocate on Record Examination conducted by the Supreme Court.
Further, under the Constitutional structure, there is a provision for the elevation of Advocates as judges of High Courts and Supreme Court. The only requirement is the Advocate must have ten years standing before the High Court(/s) or before the Supreme Court to be eligible for such. (Article 217 and 124 of the Constitution of India for High Courts and Supreme Court respectively)
The highest level is the Senior Advocate Supreme Court. It is Pakistan's title equivalent to Queen's Counsel in the United Kingdom. After at least fifteen years of practice, by invitation or by an application to a panel of Supreme Court Judges headed by the Chief Justice of Pakistan, one can become Senior Advocate of Supreme Court of Pakistan. Very few applications are accepted and even fewer invitations are made. Attorneys General are usually invited by the Supreme Court on the appointment, to the office. So are some notable High Court judges who upon retirement choose to practice before the Supreme Court, where they are still eligible to do so.
The key formal distinction, however, is the different rights with regard to the courts in which they may appear. Advocates have the right to appear in any court, while attorneys have the right to appear only in the lower courts. (And, under certain conditions, can acquire the right of appearance in the superior courts, by applying to the registrar of the provincial division of the relevant High Court.) "LAW PROFESSIONALS" , Department of Labour South Africa A further distinction is that while attorneys practice in partnership, Advocates are individual practitioners and never form partnerships; practice in "Chambers" and / or "Groups" is standard.
The requirements to enter private practice as Advocates (Junior Counsel) are to hold the LL.B. degree, and to become a member of a Bar Association by undergoing a period of training (Pupillage) for one year with a practicing Advocate, and to sit an admission examination. See Legal education in South Africa.
On the recommendation of the Bar Councils, an advocate "of proven experience and skill" with at least ten years experience, may be appointed by the President of South Africa as a Senior Counsel (SC; also referred to as a "silk"). Junior advocates are commonly rewarded with a traditional gift of a red brief bag by a Senior Counsel as recognition for excellence.
State Advocates act as a public prosecutor in High Court matters, typically in cases requiring preparation and research. They are appointed by the National Prosecuting Authority and are attached to the Office of the National Director of Public Prosecutions.
The Constitution of Brazil applies restrictions on professional practice of law in the fulfillment of the , which may include in addition to graduation, formal submission of the applicant in the proficiency tests. The Order exam is tied to Law No. 8609 of 4/7/1994:
" Article 8: For registration as an attorney is needed: IV - "To pass the Examination of the Order;"
Within its powers expressly granted by the Constitution, the ordinary legislator demands that whoever wishes to pursue the legal profession possess the academic degree of Bachelor of Law and approval of Examination of Order, whose preparation and implementation is done by their own class. The Constitution itself provides for the restriction, and the Statute of Law requires the examination.
The bar exam in Brazil approves very few students and is considered a hard one. For instance, in February 2014, the Bar association made a release stating that only 19.64% of students had been approved in the last exam and were able to register as a lawyer.
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