An advocate is a professional in the field of law.
Different countries' 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
Scottish,
Manx,
South African,
Italian
Italian(s) may refer to:
* Anything of, from, or related to the people of Italy over the centuries
** Italians, an ethnic group or simply a citizen of the Italian Republic or Italian Kingdom
** Italian language, a Romance language
*** Regional Ita ...
,
French,
Spanish
Spanish might refer to:
* Items from or related to Spain:
**Spaniards are a nation and ethnic group indigenous to Spain
**Spanish language, spoken in Spain and many Latin American countries
**Spanish cuisine
Other places
* Spanish, Ontario, Can ...
,
Portuguese
Portuguese may refer to:
* anything of, from, or related to the country and nation of Portugal
** Portuguese cuisine, traditional foods
** Portuguese language, a Romance language
*** Portuguese dialects, variants of the Portuguese language
** Portu ...
,
Scandinavian,
Polish
Polish may refer to:
* Anything from or related to Poland, a country in Europe
* Polish language
* Poles
Poles,, ; singular masculine: ''Polak'', singular feminine: ''Polka'' or Polish people, are a West Slavic nation and ethnic group, w ...
,
Israel
Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
i, South Asian and South American jurisdictions, "Advocate" indicates a lawyer of superior classification.
"Advocate" is in some languages an
honorific
An honorific is a title that conveys esteem, courtesy, or respect for position or rank when used in addressing or referring to a person. Sometimes, the term "honorific" is used in a more specific sense to refer to an honorary academic title. It ...
for lawyers, such as "
Adv. Sir Alberico Gentili". "Advocate" also has the everyday meaning of speaking out to help someone else, such as
patient advocacy
Patient advocacy is a process in health care concerned with advocacy for patients, survivors, and caregivers. The patient advocate may be an individual or an organization, concerned with healthcare standards or with one specific group of disord ...
or the support expected from an elected politician; this article does not cover those senses.
Europe
United Kingdom and Crown dependencies
England and Wales
In
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, Advocates and
proctors practiced
civil law in the Admiralty Courts and also, but in England only, in the
ecclesiastical courts
An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than be ...
of the
Church of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britai ...
, in a similar way to barristers, attorneys and solicitors in the common law and equity courts.
Advocates, who formed the senior branch of the legal profession in their field, were Doctors of Law of the
University of Oxford
, mottoeng = The Lord is my light
, established =
, endowment = £6.1 billion (including colleges) (2019)
, budget = £2.145 billion (2019–20)
, chancellor ...
,
Cambridge
Cambridge ( ) is a College town, university city and the county town in Cambridgeshire, England. It is located on the River Cam approximately north of London. As of the 2021 United Kingdom census, the population of Cambridge was 145,700. Cam ...
, or
Dublin
Dublin (; , or ) is the capital and largest city of Ireland. On a bay at the mouth of the River Liffey, it is in the province of Leinster, bordered on the south by the Dublin Mountains, a part of the Wicklow Mountains range. At the 2016 c ...
and
Fellow
A fellow is a concept whose exact meaning depends on context.
In learned or professional societies, it refers to a privileged member who is specially elected in recognition of their work and achievements.
Within the context of higher education ...
s of the Society of
Doctors' Commons
Doctors' Commons, also called the College of Civilians, was a society of lawyers practising civil (as opposed to common) law in London, namely ecclesiastical and admiralty law. Like the Inns of Court of the common lawyers, the society had buildi ...
.
Advocates lost their exclusive rights of audience in
probate and divorce cases when
the Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
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
The Arches Court, presided over by the Dean of Arches, is an ecclesiastical court of the Church of England covering the Province of Canterbury. Its equivalent in the Province of York is the Chancery Court.
It takes its name from the street-level ...
of the
Church of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britai ...
in 1867. More recently,
Solicitor Advocate
Solicitor advocate is a hybrid status which allows a solicitor in the United Kingdom and Hong Kong to represent clients in higher courts in proceedings that were traditionally reserved for barristers. The status does not exist in most other co ...
s have also been allowed to play this role.
Scotland
=Faculty of Advocates
=
![Quentin Massys 007](https://upload.wikimedia.org/wikipedia/commons/8/8e/Quentin_Massys_-_Portrait_of_a_Man_-_National_Gallery_of_Scotland.jpg)
Advocates are regulated by the
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary. The Faculty of Advocates is a constit ...
in
Edinburgh
Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian on the southern shore of t ...
. The Faculty of Advocates has about 750 members, of whom about 460 are in private practice. About 75 are
King's Counsel. The Faculty is headed by the
Dean
Dean may refer to:
People
* Dean (given name)
* Dean (surname), a surname of Anglo-Saxon English origin
* Dean (South Korean singer), a stage name for singer Kwon Hyuk
* Dean Delannoit, a Belgian singer most known by the mononym Dean
Titles
* ...
of the Faculty who, along with the Vice-Dean,
Treasurer
A treasurer is the person responsible for running the treasury of an organization. The significant core functions of a corporate treasurer include cash and liquidity management, risk management, and corporate finance.
Government
The treasury ...
, and
Clerk
A clerk is a white-collar worker who conducts general office tasks, or a worker who performs similar sales-related tasks in a retail environment. The responsibilities of clerical workers commonly include record keeping, filing, staffing service ...
are elected annually by
secret ballot.
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
The Law Society of Scotland is the professional governing body for Scottish solicitors. It promotes excellence among solicitors through the support and regulation of its members. It also promotes the interests of the public in relation to the ...
, 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
sue for their fees, as they have no contractual relationship with their instructing solicitor or with the client. Their fees are
honoraria.
Advocates wear wigs, white bow-ties (or falls in the case of senior counsel), straps and gowns as a dress in court.
=Becoming an advocate
=
The process of becoming an advocate is referred to as
devilling
Devilling is the period of training, pupillage or junior work undertaken by a person wishing to become an advocate in one of the English-speaking common law systems of the United Kingdom, Ireland, Hong Kong, and Australia.
Etymology
While there ...
. All
intrants will be Scottish solicitors, i.e. hold a
Bachelor of Laws
Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Ch ...
degree and the
Diploma in Legal Practice
A diploma is a document awarded by an educational institution (such as a college or university) testifying the recipient has graduated by successfully completing their courses of studies. Historically, it has also referred to a charter or offici ...
, and must have completed the traineeships of two years (which in some cases may be reduced to eighteen months) required to qualify as a solicitor; or else will be members of the
bar in another
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
jurisdiction.
Admission to the Faculty of Advocates
At the end of the devilling period, a devil's admission to the Faculty is dependent on certification by the principal devil master that the devil is a fit and proper person to be an advocate and that the devil has been involved in a wide range of work in the course of devilling. A devil's competence in a number of aspects of written and oral advocacy is assessed during devilling, and if a devil is assessed as not competent, he or she will not be admitted to the Faculty. Further details of this process can be found in the assessment section.
Recent developments
In recent years, increasing numbers of Advocates have come to the Scottish Bar after some time as solicitors, but it is possible to qualify with a law degree, after twenty-one months traineeship in a solicitor's office and almost a year as a 'devil', or apprentice advocate. There are exceptions for lawyers who are qualified in other European jurisdictions, but all must take the training course as 'devils'.
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
The British Council is a British organisation specialising in international cultural and educational opportunities. It works in over 100 countries: promoting a wider knowledge of the United Kingdom and the English language (and the Welsh lan ...
. 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
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cour ...
(criminal), and the
Court of Session (civil). Advocates share the right of audience with solicitors in the
sheriff courts and
justice of the peace court
A justice of the peace court is the least authoritative type of criminal court in Scotland. The court operates under summary procedure and deals primarily with less serious criminal offences.
History
The commission of the peace was originall ...
s.
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
The public interest is "the welfare or well-being of the general public" and society.
Overview
Economist Lok Sang Ho in his ''Public Policy and the Public Interest'' argues that the public interest must be assessed impartially and, therefor ...
; 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.
Isle of Man
Advocates are the only lawyers with rights of audience in the courts of the
Isle of Man
)
, anthem = "O Land of Our Birth"
, image = Isle of Man by Sentinel-2.jpg
, image_map = Europe-Isle_of_Man.svg
, mapsize =
, map_alt = Location of the Isle of Man in Europe
, map_caption = Location of the Isle of Man (green)
in Europe ...
. An advocate's role is to advise on all matters of law: it may involve representing a client in the civil and criminal courts or advising a client on matters such as matrimonial and family law, trusts and estates, regulatory matters, property transactions, and commercial and business law. In court, Advocates wear a horsehair wig, stiff collar, bands, and a gown in the same way as barristers do elsewhere.
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
The Common Professional Examination/Postgraduate Diploma in Law (CPE/PGDL) is a postgraduate law course in England and Wales that is taken by non-law graduates (graduates who have a degree in a discipline that is not law or not a qualifying law ...
. It is then necessary to obtain a legal professional qualification such as the
Bar Professional Training Course
The Bar Professional Training Course or BPTC is a postgraduate course which allows law graduates to be named and practise as barristers in England and Wales. The eight institutes that run the BPTC along with the four prestigious Inns of Court a ...
or the
Legal Practice Course
The Legal Practice Course (LPC)also known as the Postgraduate Diploma in Legal Practiceis a postgraduate course and the final educational stage for becoming a solicitor in England, Wales and Australia (where it is commonly known as "practical l ...
. It is not, however, necessary actually to be admitted as an English
barrister or
solicitor to train as an advocate.
Trainee Advocates (as
articled clerk
Articled clerk is a title used in Commonwealth countries for one who is studying to be an accountant or a lawyer. In doing so, they are put under the supervision of someone already in the profession, now usually for two years, but previously three ...
s 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
The Isle of Man Law Society is the professional body in respect of the advocates' profession in the Isle of Man. The Society's role is to regulate and to provide a service for its members.
The Society is the longest-established professional body ...
, which also maintains a library for its members in
Douglas
Douglas may refer to:
People
* Douglas (given name)
* Douglas (surname)
Animals
* Douglas (parrot), macaw that starred as the parrot ''Rosalinda'' in Pippi Longstocking
*Douglas the camel, a camel in the Confederate Army in the American Civi ...
. 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.
Jersey and the Bailiwick of Guernsey
The Bailiwick of
Jersey
Jersey ( , ; nrf, Jèrri, label= Jèrriais ), officially the Bailiwick of Jersey (french: Bailliage de Jersey, links=no; Jèrriais: ), is an island country and self-governing Crown Dependency near the coast of north-west France. It is the l ...
and the Bailiwick of
Guernsey (Guernsey, together with the two semi-autonomous islands of
Alderney and
Sark
Sark (french: link=no, Sercq, ; Sercquiais: or ) is a part of the Channel Islands in the southwestern English Channel, off the coast of Normandy, France. It is a royal fief, which forms part of the Bailiwick of Guernsey, with its own set of ...
, and together with other islands) are two separate legal jurisdictions, have largely two different sets of laws and have two separate, but similar, legal professions. In both jurisdictions, Advocates—properly called Advocates of the Royal Court—are the only lawyers with general rights of audience in their courts.
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
The Graduate Diploma in Law/Postgraduate Diploma in Law/Common Professional Examination (GDL/PGDL/CPE) is a postgraduate law course in England and Wales that is taken by non-law graduates (graduates who have a degree in a discipline that is not la ...
and to have qualified as a recognized legal professional in England and Wales, Scotland or Northern Ireland. 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