Advocates Of Women's Reproductive Rights
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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 English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...
–based jurisdictions could be a
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
or a
solicitor A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...
. 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, a Romance ethnic group related to or simply a citizen of the Italian Republic or Italian Kingdom ** Italian language, a Romance languag ...
, French, Spanish, Portuguese, Scandinavian, Polish,
Israel Israel, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Isr ...
i, South Asian and South American jurisdictions, "advocate" indicates a
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
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 title (academic), h ...
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 disor ...
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 Law of the United Kingdom#Legal jurisdictions, 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. Th ...
, Advocates and
proctor Proctor (a variant of ''wikt:procurator, procurator'') is a person who takes charge of, or acts for, another. The title is used in England and some other English-speaking countries in three principal contexts: # In law, a proctor is a historica ...
s practiced civil law in the Admiralty Courts and also, but in England only, in the
ecclesiastical courts In organized Christianity, an ecclesiastical court, also called court Christian or court spiritual, is any of certain non-adversarial courts conducted by church-approved officials having jurisdiction mainly in spiritual or religious matters. Histo ...
of the
Church of England The Church of England (C of E) is the State religion#State churches, established List of Christian denominations, Christian church in England and the Crown Dependencies. It is the mother church of the Anglicanism, Anglican Christian tradition, ...
, 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 The University of Oxford is a collegiate university, collegiate research university in Oxford, England. There is evidence of teaching as early as 1096, making it the oldest university in the English-speaking world and the List of oldest un ...
,
Cambridge Cambridge ( ) is a List of cities in the United Kingdom, city and non-metropolitan district in the county of Cambridgeshire, England. It is the county town of Cambridgeshire and is located on the River Cam, north of London. As of the 2021 Unit ...
, or
Dublin Dublin is the capital and largest city of Republic of Ireland, Ireland. Situated on Dublin Bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, and is bordered on the south by the Dublin Mountains, pa ...
and
Fellow A fellow is a title and form of address for distinguished, learned, or skilled individuals in academia, medicine, research, and industry. The exact meaning of the term differs in each field. In learned society, learned or professional society, p ...
s of the Society of
Doctors' Commons Doctors' Commons, also called the College of Civilians, was a society of lawyers practising civil law (legal system), civil (as opposed to common) law in London, namely ecclesiastical and admiralty law. Like the Inns of Court of the common lawye ...
. Advocates lost their exclusive rights of audience in
probate In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the e ...
and divorce cases when
the Crown The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...
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 The Church of England (C of E) is the State religion#State churches, established List of Christian denominations, Christian church in England and the Crown Dependencies. It is the mother church of the Anglicanism, Anglican Christian tradition, ...
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 com ...
s have also been allowed to play this role.


Scotland


=Faculty of Advocates

= 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 const ...
in
Edinburgh Edinburgh is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. The city is located in southeast Scotland and is bounded to the north by the Firth of Forth and to the south by the Pentland Hills. Edinburgh ...
. The Faculty of Advocates has about 750 members, of whom about 460 are in private practice. About 75 are
King's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...
. The Faculty is headed by the Dean of the Faculty who, along with the Vice-Dean,
Treasurer A treasurer is a person responsible for the financial operations of a government, business, or other organization. Government The treasury of a country is the department responsible for the country's economy, finance and revenue. The treasure ...
, and
Clerk A clerk is a white-collar worker who conducts record keeping as well as general office tasks, or a worker who performs similar sales-related tasks in a retail environment. The responsibilities of clerical workers commonly include Records managem ...
are elected annually by
secret ballot The secret ballot, also known as the Australian ballot, is a voting method in which a voter's identity in an election or a referendum is anonymous. This forestalls attempts to influence the voter by intimidation, blackmailing, and potential vote ...
. 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. Its goal is to promote excellence among solicitors through the support and regulation of its members. It is also committed to promoting the interests ...
, 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 custom of more senior self employed barristers/advocates making use of their junior’s services to complete briefs belonging to the more senior barrister/advocate, usually without the knowledge of the attorney. Not to be confuse ...
. All intrants will be Scottish solicitors, i.e. hold a
Bachelor of Laws A Bachelor of Laws (; LLB) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subje ...
degree and the Diploma in Legal Practice, 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 Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
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 a devil will not be admitted to the Faculty if assessed as not competent. 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 lang ...
. 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 C ...
(criminal), and the
Court of Session The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with othe ...
(civil). Advocates share the right of audience with solicitors in the
sheriff court A sheriff court () is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to , and with the jurisdiction to hear any criminal case except treason, murder, and ra ...
s and
justice of the peace court A justice of the peace court is the lowest 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 origina ...
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 In social science and economics, public interest is "the welfare or well-being of the general public" and society. While it has earlier philosophical roots and is considered to be at the core of democratic theories of government, often paired ...
; 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 The Isle of Man ( , also ), or Mann ( ), is a self-governing British Crown Dependency in the Irish Sea, between Great Britain and Ireland. As head of state, Charles III holds the title Lord of Mann and is represented by a Lieutenant Govern ...
. 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. 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 ...
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 ...
. It is not, however, necessary actually to be admitted as an English
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
or
solicitor A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...
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 Advocate#Isle of Man, 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-establish ...
, 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.


Jersey and the Bailiwick of Guernsey

Jersey Jersey ( ; ), officially the Bailiwick of Jersey, is an autonomous and self-governing island territory of the British Islands. Although as a British Crown Dependency it is not a sovereign state, it has its own distinguishing civil and gov ...
and the
Bailiwick of Guernsey The Bailiwick of Guernsey (; Guernésiais: ''Bailliage dé Guernési'') is a self-governing British Crown Dependencies, Crown Dependency off the coast of Normandy, France, comprising several of the Channel Islands. It has a total land area of ...
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 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 A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
or
solicitor A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...
, or a French avocat. They must then study for the Guernsey Bar. Three months of study of Norman 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 The biretta () is a square cap with three or four peaks or horns, sometimes surmounted by a tuft. Traditionally the three-peaked biretta is worn by Christian clergy, especially Catholic Church hierarchy, Roman Catholic clergy, as well as some ...
-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.


Netherlands

In the Netherlands, the professional conduct and the professional education of the advocates is regulated by the Dutch bar association (Nederlandse orde van advocaten) pursuant to the Advocates Act (''Advocatenwet''). 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'').


Nordic countries

The
Nordic countries The Nordic countries (also known as the Nordics or ''Norden''; ) are a geographical and cultural region in Northern Europe, as well as the Arctic Ocean, Arctic and Atlantic Ocean, North Atlantic oceans. It includes the sovereign states of Denm ...
have a united legal profession, which means that they do not draw a distinction between lawyers who plead in court and those who do not. To get an official recognition with an Advocates title, the candidate must have a legal degree, that is, completed ca. 5–6 years of legal studies from an accredited university in his or own country, and in addition have worked for some time (around 2 – 5 years) under the auspices of a qualified advocate and have some experience from court. When qualified, the candidate may obtain a license as an ''advocate'', the equivalent of being called to the bar. In all the
Scandinavian languages The North Germanic languages make up one of the three branches of the Germanic languages—a sub-family of the Indo-European languages—along with the West Germanic languages and the extinct East Germanic languages. The language group is al ...
the title is '' advokat''; in Finland ''advokat'' is the Swedish title for such a qualified lawyer, with the equivalent title in Finnish being ''asianajaja''. 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 A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
,
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
or
attorney-at-law Attorney at law or attorney-at-law, usually abbreviated in everyday speech to attorney, is the preferred term for a practising lawyer in certain jurisdictions, including South Africa (for certain lawyers), Sri Lanka, the Philippines, and the Unit ...
.


Russia

In
Russia Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...
, anyone with a legal education (lawyer) can practice law, but only a member of the ' () may practice before a criminal court (other person can be a defence counsel in criminal proceeding along with a member of ''Advokatura'' but not in lieu him) and
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ru ...
(leaving aside persons having
academic degree An academic degree is a qualification awarded to a student upon successful completion of a course of study in higher education, usually at a college or university. These institutions often offer degrees at various levels, usually divided into und ...
of
candidate A candidate, or nominee, is a prospective recipient of an award or honor, or a person seeking or being considered for some kind of position. For example, one can be a candidate for membership in a group (sociology), group or election to an offic ...
or
doctor Doctor, Doctors, The Doctor or The Doctors may refer to: Titles and occupations * Physician, a medical practitioner * Doctor (title), an academic title for the holder of a doctoral-level degree ** Doctorate ** List of doctoral degrees awarded b ...
in juridical sciences who also can represent parties in constitutional proceeding).
Specialist degree The specialist degree is an academic degree conferred by a college or university. The degree is formatted differently worldwide and may be either a five-year program or a doctoral level graduate program that occurs after a master's degree but befo ...
in law is the most commonly awarded
academic degree An academic degree is a qualification awarded to a student upon successful completion of a course of study in higher education, usually at a college or university. These institutions often offer degrees at various levels, usually divided into und ...
in Russian jurisprudence but after Russia's accession to the
Bologna process file:Bologna-Prozess-Logo.svg, 96px, alt=Logo with stylized stars, Logo file:Bologna zone.svg, alt=Map of Europe, encompassing the entire Bologna zone, 256px, Bologna zone The Bologna Process is a series of ministerial meetings and agreements b ...
only bachelor of laws and master of laws
academic degree An academic degree is a qualification awarded to a student upon successful completion of a course of study in higher education, usually at a college or university. These institutions often offer degrees at various levels, usually divided into und ...
s are available in Russian institutions of higher education. An "advocate" is a lawyer who has demonstrated qualification and belongs to an organizational structure of Advocates specified by law, known as being "
called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
" in Commonwealth countries. 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 Writing is the act of creating a persistent representation of language. A writing system includes a particular set of symbols called a ''script'', as well as the rules by which they encode a particular spoken language. Every written language ...
and
oral The word oral may refer to: Relating to the mouth * Relating to the mouth, the first portion of the alimentary canal that primarily receives food and liquid **Oral administration of medicines ** Oral examination (also known as an oral exam or ora ...
, 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 A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
. 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 The federal subjects of Russia, also referred to as the subjects of the Russian Federation () or simply as the subjects of the federation (), are the administrative division, constituent entities of Russia, its top-level political division ...
. 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 The federal subjects of Russia, also referred to as the subjects of the Russian Federation () or simply as the subjects of the federation (), are the administrative division, constituent entities of Russia, its top-level political division ...
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 A juridical person is a legal person that is not a natural person but an organization recognized by law as a fictitious person such as a corporation, government agency, non-governmental organisation, or international organization (such as the ...
(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 A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
official An official is someone who holds an office (function or Mandate (politics), mandate, regardless of whether it carries an actual Office, working space with it) in an organization or government and participates in the exercise of authority (eithe ...
,
municipal A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the gov ...
official An official is someone who holds an office (function or Mandate (politics), mandate, regardless of whether it carries an actual Office, working space with it) in an organization or government and participates in the exercise of authority (eithe ...
,
notary A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems. A notary, while a legal professional, is distin ...
,
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
, elected
official An official is someone who holds an office (function or Mandate (politics), mandate, regardless of whether it carries an actual Office, working space with it) in an organization or government and participates in the exercise of authority (eithe ...
. An advocate can not work under an
employment Employment is a relationship between two party (law), parties Regulation, regulating the provision of paid Labour (human activity), labour services. Usually based on a employment contract, contract, one party, the employer, which might be a cor ...
( labour)
contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
, with the exception of
scientific Science is a systematic discipline that builds and organises knowledge in the form of testable hypotheses and predictions about the universe. Modern science is typically divided into twoor threemajor branches: the natural sciences, which stu ...
and
teaching Teaching is the practice implemented by a ''teacher'' aimed at transmitting skills (knowledge, know-how, and interpersonal skills) to a learner, a student, or any other audience in the of an educational institution. Teaching is closely related ...
activities. An advocate may combine his status with the status of a
patent attorney A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing patent applications and o ...
, a
trustee in bankruptcy A trustee in bankruptcy is an entity, often an individual, in charge of administering a bankruptcy estate. Canada In Canada, a licensed insolvency trustee (LIT) is an individual or a corporation licensed by the official superintendent to hold ...
. An advocate may be a
shareholder A shareholder (in the United States often referred to as stockholder) of corporate stock refers to an individual or legal entity (such as another corporation, a body politic, a trust or partnership) that is registered by the corporation as the ...
/ owner of business
juridical person A juridical person is a legal person that is not a natural person but an organization recognized by law as a fictitious person such as a corporation, government agency, non-governmental organisation, or international organization (such as the ...
s and a member of voluntary associations and
political parties A political party is an organization that coordinates candidates to compete in a particular area's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific ideological or p ...
. Russian advocate may have a status of advocate ( attorney,
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
,
solicitor A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...
) in foreign
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
, subject to above conditions.
Russia Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...
n 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
Russia Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...
n 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 association A professional association (also called a professional body, professional organization, or professional society) is a group that usually seeks to advocacy, further a particular profession, the interests of individuals and organisations engaged in ...
s 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 A professional association (also called a professional body, professional organization, or professional society) is a group that usually seeks to advocacy, further a particular profession, the interests of individuals and organisations engaged in ...
at the federal level. As of 2018, there were 49,4 Advocates per people in Russia. In
Russia Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...
, 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 The World Trade Organization (WTO) is an intergovernmental organization headquartered in Geneva, Switzerland that regulates and facilitates international trade. Governments use the organization to establish, revise, and enforce the rules that g ...
Accession the second possibility is available: foreign advocate can just pass special qualification exam to become Russian advocate.


Asia


Bangladesh

In Bangladesh, after passing the
Higher Secondary School Certificate Higher Secondary Certificate (HSC), Higher Secondary School Certificate, Higher Secondary Education Certificate (HSEC) or Intermediate Examination is a secondary education qualification in Bangladesh, India and Pakistan. It is equivalent to the f ...
, one can apply for admission for studying law in Universities. There are several public and private universities which provide
Bachelor of Laws A Bachelor of Laws (; LLB) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subje ...
and
Master of Laws A Master of Laws (M.L. or LL.M.; Latin: ' or ') is a postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in another subject. In many jurisdi ...
degree in Bangladesh. Generally, the LL.B. course is equivalent to a four-year bachelor's degree. Graduate lawyers have to seat for and pass the Bar Council Exam to become Advocates.


Advocate of Supreme Court

By passing the
Bangladesh Bar Council Bangladesh Bar Council () is a statutory autonomous body in Bangladesh, established under the Legal Practitioners and the Bar Council Order, 1972. It is the licensing and Regulatory body for lawyers in Bangladesh. The Bangladesh Bar Council ensu ...
Exam, Advocates are eligible to practice in the
Supreme Court of Bangladesh Supreme Court of Bangladesh () is the highest court of law in the country. It is composed of the High Court Division, Supreme Court of Bangladesh, High Court Division and the Appellate Division, Supreme Court of Bangladesh, Appellate Division, ...
and other courts. A license is obtained after successful completion of two year's practice in the lower courts by applicant, which is reviewed by a body of the relevant provincial Bar Council. Most applications after successful completion of the requirement, are accepted.


India

In
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
, the law relating to the Advocates is the Advocates Act, 1961 introduced and thought up by
Ashoke Kumar Sen Ashoke Kumar Sen (10 October 1913 – 21 September 1996) was an Indian barrister, a former Cabinet minister of India, and an Indian parliamentarian. He also holds the record for winning a Lok Sabha seat the most times and also the record for b ...
, the then law minister of India, which is a law passed by the Parliament and is administered and enforced by the
Bar Council of India Bar Council of India (BCI) is a statutory body established under section 4 of the Advocates Act 1961 that regulates the legal practice and legal education in India. Its members are elected from amongst the lawyers in India and represent the In ...
. Under the Act, the Bar Council of India is the supreme regulatory body to regulate the legal profession in India and also to ensure the compliance of the laws and maintenance of professional standards by the legal profession in the country. 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 The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
) 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)


Pakistan

There are four levels of Advocates exist in
Pakistan Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...
, 1. Advocate 2. Advocate High Court 3. Advocate Supreme Court 4. Senior Advocate Supreme Court:


Advocate

The first level is that of an Advocate, who is eligible to practice in the district courts or lower courts in their respective province. An Advocate is considered an officer of the court. To become an Advocate, one can qualify by completing a five-year law degree (LL.B (Hons)), or by obtaining a foreign LL.B degree of a shorter duration, recognized by the relevant authorities. Additionally, they must complete six months of
pupillage A pupillage, in England and Wales, Northern Ireland, Kenya, Malaysia, Pakistan and Hong Kong, is the final, vocational stage of training for those wishing to become practising barristers. Pupillage is similar to an apprenticeship, during which ba ...
under a senior Advocate in their chambers. Afterward, they are required to pass a GAT test recognized by the
Higher Education Commission of Pakistan The Higher Education Commission (colloquially known as HEC) is a statutory, statutory body formed by the Government of Pakistan which was established in 2002 under the Chairmanship of Atta-ur-Rahman (chemist), Atta-ur-Rahman. Its main functions ...
(HEC) and the Pakistan Bar Council, achieving a minimum passing score of 50%. Subsequently, they must successfully clear the Bar admission test and undergo an examination conducted by the Bar Council of their respective province to determine their suitability for becoming an Advocate and confirm that they have no criminal convictions. Upon passing a multiple-choice question examination and an interview conducted by members of the provincial Bar Council, the Bar Council will issue them a license to practice before the Subordinate Courts up to the High Court.


Advocate High Court

After completing two years of practice as an Advocate, with a minimum of ten successfully litigated cases, the Advocate will be required to submit a list of these cases for examination by a committee appointed by the High Court. The committee, chaired by a High Court Judge, will review the cases and, if satisfied, grant their approval for the Advocate's elevation to practice as an Advocate of the High Court. Upon approval, the committee will send the recommendation directly to the Bar Council, and the Advocate will be issued a license to practice as an Advocate of the High Court. As an Advocate of the High Court, they will have the right to practice in any court throughout the country, except for the Supreme Court of Pakistan.


Advocate Supreme Court

Advocate Supreme Court is the third level. After successful completion of ten years of practice in the High Courts by the applicant, the panel of members of Pakistan Bar Council and one judge of the Supreme Court of Pakistan, review the application. (Before 1985 the requirement was successful completion of five years practice in the
High Courts of Pakistan There are five high courts of Pakistan, each based in the capital city of the four provinces, plus one in the federal capital, Islamabad. Articles 192 to 203 of the Constitution of Pakistan outline the constitution of the courts, appointment of t ...
.) Over fifty per cent of applications are accepted, after successful completion of the requirement. An unsuccessful application in one year does not bar the candidate from re-applying in the next judicial year. The highest level is the Senior Advocate Supreme Court. It is Pakistan's title equivalent to
Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...
in the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
. 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 The chief justice of Pakistan ( initials as CJP; , ''Munsif-e-Āzam Pākistān'') is the chief judge of the Supreme Court of Pakistan and is the highest-ranking officer of the Pakistani judiciary. The Federal Court of Pakistan was establis ...
, 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.


Sri Lanka

In
Sri Lanka Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka, also known historically as Ceylon, is an island country in South Asia. It lies in the Indian Ocean, southwest of the Bay of Bengal, separated from the Indian subcontinent, ...
(formally Ceylon) till 1973 Advocate was a practitioner in a
court of law A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...
who is legally qualified to
prosecute A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the ...
and defend actions in such court on the retainer of clients. Advocates had to pass the HSC exam and enter the Ceylon Law College and follow the Advocates course and sit for the relevant exams. Thereafter, they would have to practice under a senior advocate before being
called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
for admission as an Advocate of the Supreme Court of Ceylon. Members of the English, Scottish and Irish Bars are permitted to be admitted to a Barrister without examination on payment of a fee. Ceylonese Advocates with three years standing were allowed to be called to the English Bar without examination on completing three terms. The ''Justice Law No. 44 of 1973'' of the
National State Assembly The National State Assembly (NSA) was the legislative body of Sri Lanka established in May 1972 under the Sri Lankan Constitution of 1972, First Republican Constitution. The assembly was introduced by Prime Minister of Sri Lanka, Prime Minister Si ...
created a single group of practitioners known as Attorneys-at-law. The current equivalent to an advocate is a
counsel A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''. The word ''counsel'' can also mean advice given ...
who is a trial lawyer distinguished from an instructing attorney.


Africa


South Africa

In
South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ...
, there are two main branches of legal practitioner: attorneys, who do legal work of all kinds, and Advocates, who are specialist litigators; see Attorneys in South Africa. In general, Advocates (also called 'counsel') are 'briefed' by attorneys when a specialist skill in court-based
litigation A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. ...
, or in research into the law ( an opinion) is required. Referral Advocates thus have no direct contact with clients and are said to be in a 'referral' profession. However, Advocates who have a Trust Account and hold a valid Fidelity Fund Certificate are authorized to take briefs directly from the public and attorneys respectively. 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.) 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
Bar Association
by undergoing a period of training ( pupilage) 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 The president of South Africa is the head of state and head of government of the Republic of South Africa. The president directs the executive branch of the government and is the commander-in-chief of the South African National Defence F ...
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 A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible ...
in High Court matters, typically in cases requiring preparation and research. They are appointed by the
National Prosecuting Authority The National Prosecuting Authority (NPA) is the agency of the South African Government responsible for state prosecutions. Under Section 179 of the South African Constitution and the National Prosecuting Authority Act of 1998, which establi ...
and are attached to the Office of the National Director of Public Prosecutions.


Americas


Brazil

In
Brazil Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...
, the
bar examination A bar examination is an examination administered by the bar association of a jurisdiction that a lawyer must pass in order to be admitted to the bar of that jurisdiction. Australia Administering bar exams is the responsibility of the bar associat ...
occurs nationally in March, August, and December. These examinations are unified and organized by the
Order of Attorneys of Brazil The Order of Attorneys of Brazil (, OAB) is the Brazilian Bar Association. Founded in 1930, it is responsible for the regulation of the legal profession in the country. Its national headquarters are in Brasília, Federal District. The OAB has 1,0 ...
. After 5 years in
law school A law school (also known as a law centre/center, college of law, or faculty of law) is an institution, professional school, or department of a college or university specializing in legal education, usually involved as part of a process for b ...
, Brazilian law students are required to take the bar exam, which consists of 2 phases: the
multiple choice Multiple choice (MC), objective response or MCQ (for multiple choice question) is a form of an objective assessment in which respondents are asked to select only the correct answer from the choices offered as a list. The multiple choice format i ...
test and written test, without any further requirements. The
Constitution of Brazil The Constitution of the Federative Republic of Brazil () is the Constitution, supreme law of Brazil. It is the foundation and source of the legal authority underlying the existence of Brazil and the federal government of Brazil. It replaced the ...
applies restrictions on professional practice of law in the fulfillment of the
requirement In engineering, a requirement is a condition that must be satisfied for the output of a work effort to be acceptable. It is an explicit, objective, clear and often quantitative description of a condition to be satisfied by a material, design, pro ...
s, which may include in addition to
graduation A graduation is the awarding of a diploma by an educational institution. It may also refer to the ceremony that is associated with it, which can also be called Commencement speech, commencement, Congregation (university), congregation, Convocat ...
, formal submission of the applicant in the proficiency
tests Test(s), testing, or TEST may refer to: * Test (assessment), an educational assessment intended to measure the respondents' knowledge or other abilities Arts and entertainment * ''Test'' (2013 film), an American film * ''Test'' (2014 film) ...
. 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
legislative A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers ...
demands that whoever wishes to pursue the
legal Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a Socia ...
profession A profession is a field of Work (human activity), work that has been successfully professionalized. It can be defined as a disciplined group of individuals, professionals, who adhere to ethical standards and who hold themselves out as, and are ...
possess the degree of
Bachelor of Law A Bachelor of Laws (; LLB) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subje ...
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 A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
of
Law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
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.


See also

* Advocate General *
Advocatus An , sometimes simply advocate, (German, ), or (French, ), was a type of medieval office holder, particularly important in the Holy Roman Empire, who was delegated some of the powers and functions of a major feudal lord, or for an institutio ...
*
Barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
* Judge Advocate General *
Jurist A jurist is a person with expert knowledge of law; someone who analyzes and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal education in law (a law degree) and often a Lawyer, legal prac ...
*
Lawspeaker A lawspeaker or lawman ( Swedish: ''lagman'', Old Swedish: ''laghmaþer'' or ''laghman'', Danish: ''lovsigemand'', Norwegian: ''lagmann'', Icelandic: , Faroese: '' løgmaður'', Finnish: ''laamanni'', ) is a unique Scandinavian legal offic ...
*
Ombudsman An ombudsman ( , also ) is a government employee who investigates and tries to resolve complaints, usually through recommendations (binding or not) or mediation. They are usually appointed by the government or by parliament (often with a sign ...
*
Solicitor A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...
* Solicitor-Advocate


References


External links

{{Commons category
The Faculty of Advocates

Association of licensed attorneys in Finland


* ttps://advocatedirectory.in/advocacy/ Roles and responsibilities of an Advocate in the Court of Law
Roles and responsibilities of an Advocate in the Court of Law
Legal professions Scots law general titles Solicitors