An
advocate is someone who speaks on behalf of
another person, especially in a legal context.
It is used primarily
in reference to the system of Scots law,
Anglo-Dutch law, Scandinavian and Israeli law, and also to refer to the fused
legal professions in the Channel
Islands and Isle of
Man
. Implicit in the concept is the notion that the
represented lacks the knowledge, skill, ability, or standing to
speak for themselves. The broad equivalent in many
English law-based jurisdictions is "
barrister".
Advocates in Scotland
Advocates, members of the
Faculty of Advocates, are
counsel who are entitled to present cases in
the supreme courts of Scotland
: the
Court of
Session
and High Court of Justiciary
.
Faculty of Advocates
Advocates
are regulated by the Faculty of
Advocates in Edinburgh
. The Faculty of Advocates has about 750
members, of whom about 460 are in private practice. About 75 are
Queen's Counsel. The Faculty is
headed by the
Dean of the Faculty
who, along with the Vice-Dean,
Treasurer,
Clerk are elected annually by
secret ballot.
The Faculty has a service company, Faculty Services Ltd, to which
almost all advocates belong and which organises the stables 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 abrogated 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
[10668]. Their fees are
honoraria.
Advocates wear wigs, white bow-ties (or falls in the case of senior
counsel), and gowns as dress in court.
Independent working
Advocates
do not operate in chambers; they are entirely independent, although
organised in eleven 'stables' for administrative purposes, and work
out of the Advocates
Library
in Parliament House
where the Court of Session is situated, in a similar way to barristers in the
Republic of
Ireland
and Northern Ireland
. The High Court of Justiciary, where advocates plead criminal cases, is situated
across the Royal Mile from Parliament
House.
Advocates do not act directly for members of the public, taking
instructions from a solicitor. Since October 2006, however, direct
access by others has been liberalised, and advocates can now accept
instructions directly from an individual or organisation in four
main categories - legal professionals, other professionals, public
authorities and a wide range of other individuals and bodies. The
list includes lawyers from outside Scotland, voluntary
organisations, any person or body subject to complaints by the
Scottish Public Services Ombudsman, any public authority under EU
law, recognised charities and voluntary organisations, public
limited companies regulated by the London Stock Exchange and anyone
acting in a governmental, judicial or legislative capacity
[10669].
Becoming an advocate
The process of becoming an advocate is referred to as
devilling. All Intrants will hold an LL.B.
(
Bachelor of Laws) and the
Diploma in Legal Practice
qualifying them as solicitors or be members of the
Bar in another
common
law jurisdiction.
Devilling
Devilling, as the period of
pupillage or training to become an advocate is
generally known, lasts between eight and nine months, and comprises
a mix of skills training courses and time spent working with a
devilmaster. The compulsory skills
training courses, are spread across the devilling period and last
for about ten weeks in total. For the balance of the period of
devilling, devils work closely with their devilmasters.
All devils have a principal devilmaster who is a practising member
of the junior bar of at least seven years standing, and working
primarily in
civil practice.
Devils also spend part of the time with another devilmaster
practising in the
criminal courts,
and many devils spend a short period of time with a third
devilmaster working in a different aspect of civil work from their
principal devilmaster. All devils and devilmasters are issued the
current edition of the Faculty's Devil's Handbook.
In order to take a devil, a devilmaster must be approved by the
Dean of Faculty. The Clerk of Faculty maintains a list of approved
devilmasters, who may be contacted by email or via the Clerk's
office.
Devils are expected to attend court with their devilmasters, and to
attend consultations with solicitors instructing their devilmaster
and with the solicitors' clients. A devil will also discuss the
preparation and presentation of the cases in which their
devilmaster is involved and will be required to draft written
pleadings and opinions.
During the period of devilling, devils also carry out work for the
Free Representation Unit. This is part of the Faculty's commitment
to providing access to justice for everyone. The Free
Representation Unit enables devils to provide advice and
representation to clients of Citizens Advice Bureau from across
Scotland.
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 devilmaster
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 to be competent, they will not be admitted
to the Faculty. Further details of this process can be found in the
assessment section.
Recent developments
In recent years, more advocates have come to the Scottish Bar after
some time as solicitors, but it is possible to qualify with a law
degree, after a year's 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
organised 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 EU states (but not 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.
Some well-known advocates
Some well known Scottish advocates in the past were
Sir Walter Scott,
Alexander Boswell,
James Boswell,
David Dalrymple,
Robert Louis Stevenson,
Henry Home and
Alexander
Wedderburn. Others, at the present day , include
Alastair Darling,
Menzies Campbell,
Malcolm Rifkind,
Desmond Browne,
Donald Findlay,and
Ian Hamilton.
Advocates in the Channel Islands
Advocates, properly called Advocates of the Royal Court, are the
only lawyers with rights of audience in the
Channel Islands. To become an advocate, 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 or
Jersey Bar.
In Guernsey, three months of study of
Norman law at the Université de
Caen
is required; this is no longer the case 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.
Advocates in the Isle of Man
Advocates
are the only lawyers with rights of audience in the courts of the
Isle of
Man. An Advocate's role is to give advice 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) honours, or else a degree in another subject with no less
than lower second class (2:2) honours 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 in order to train as an Advocate.
Trainee Advocates (as
Articled Clerks
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 practising or
admitted for three years this training period is reduced to one
year. Foreign lawyers who have been registered as legal
practitioners in the Isle of Man for a certain period of 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 which are 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 .
Advocates in Scandinavia (Denmark, Norway and Sweden) and
Finland
The Scandinavian countries and Finland 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. In order to get an
official recognition with a advocates title, the candidate must
have a legal degree, that is, completed ca. 5–6 years of legal
studies, and in addition 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, in all the
Scandinavian languages:
advokat. In Finland
advokat is the
Swedish title for such a qualified
lawyer (the equivalent title in
Finnish being
asianajaja).
However, one does not nessisarily have to be an advocate to
practice law. In Sweden, for example, any adult can practice law
and represent a party in court without any prior approval,
training, licence or advocate title.
In English, the Scandinavian title of
advokat is
interchangeably also translated as
barrister,
lawyer or
attorney-at-law.
Advocates in England and Wales
In
England
and Wales
Advocates
and Proctors practiced civil law in the admiralty and ecclesiastical courts in a similar way
to Barristers and Attorneys or 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 Oxford or Cambridge and Fellows
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 was
never formally wound up, but their 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
Advocates in India
In
India
, the law relating to the Advocates is the Advocates
Act, 1961 which is a law passed by the Parliament and is
administered and enforced by the Bar Council of India. 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. For this purpose, the Bar
Council of India is authorized to pass regulations and make orders
in individual cases and also generally.
Also Atul Jaiswal Advocate at High Court of Madhya Pradesh (INDIA)
bench at Indore having qualified in all respective branches as
example M.S.(Instrumentation), M.Sc., LL.B.(Hon's), P.G.in Cyber
LAw, Advance JAVA from Pentasoft Channai, etc. which helps him to
lead the cases sussessfully and helpful for clients Atul Jaiswal
having mobile No. 9425347184, and (0731)2590998. and address as
"Guru-Kripa" 3A, Sanchar Nagar Main Kanadia Road, Indore Pin 452016
Madhya Pradesh, INDIA.
Each State has a Bar Council of its own whose function is to enrol
the Advocates willing to practice predominately 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 has to get enrolled with a (and
only one) State Bar Council in order to be authorized to practice
in India. However enrolment 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 with which he is enrolled.
The advantage with having the State Bar Councils is that the work
load 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 for being entitled to practice in India is twofold.
First, the applicant must be a holder of a law degree from a
recognized institution in India 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 are 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 recognized as an Advocate and is required to maintain a
standards 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 the Advocates in the courts,
while interacting with clients and even otherwise.
All Advocates in India are at the same level and are recognized 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 specialization in an area of law,
there is a concept of conferral of Senior Advocate status. An
Advocate may be recognized by the Judges of the High Court (in case
of a 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.
Further, under the Constitutional structure, there is a provision
for elevation of Advocates as judges of High Courts and Supreme
Court. The only requirement is the Advocate must have a 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)
Advocates in Pakistan
Four
levels of Advocate exist in Pakistan
:
Advocate
The lowest level is the Advocate, who is Eligible to practice in
the district courts or lower. One can qualify as an Advocate after
completion of a law degree, six months pupillage under an Advocate
in his/her chambers and thereafter the Bar Council of the relevant
province examine him/her that he is fit or not to become as an
Advocate. After passing the interview/examination before the
provincial Bar Council, the Bar Council will issue him/her the
licence for appearing before the Court.
Advocate High Court
Advocate High Court is the second level, and is eligible to
practice in the High Courts of Pakistan and below. A license is
obtained after successful completion of two year's practice in the
lower courts by application which is reviewed by a body of High
Court Judges headed by the respective provincial Chief Justices and
the relevant provincial Bar Council. Most applications after
successful completion of the requirement are accepted.Because the
Pakistani Legal System is based upon the English Legal System
(rather than the Scots), persons called to the Bar of England and
Wales are automatically enrolled as Advocates of the High Court
Also Atul Jaiswal Advocate at High Court of Madhya Pradesh (INDIA)
bench at Indore having qualified in all respective branches as
example M.S.(Instrumentation), M.Sc., LL.B.(Hon's), P.G.in Cyber
LAw, Advance JAVA from Pentasoft Channai, etc. which helps him to
lead the cases sussessfully and helpful for clients.
Advocate Supreme Court
Advocate Supreme Court is the third level. After successful
completion of ten years practice at the High Courts by application
to the
Pakistan Bar Council and
reviewed by a panel of Supreme Court Judges headed by the Chief
Justice of Pakistan. (Before 1985 the requirement was successful
completion of five years practice in the High Courts of Pakistan.)
Over fifty percent of the number of applications after successful
completion of the requirement are accepted. An unsuccessful
application in one year does not bar the candidate from re-applying
in the next judicial year.
Senior Advocate Supreme Court
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 practice by invitation by or an
application to a panel of Supreme Court Judges headed by the Chief
Justice of Pakistan. Very few applications are accepted and even
fewer invitations are made.
Attorneys General are usually
invited by the Supreme Court on appointment to the office. So are
some notable High Court judges who upon retirement choose to
practice in the Supreme Court where they are still eligible to do
so.
Advocates in Sri Lanka
In
Sri
Lanka
(formally Ceylon) till 1973 Advocate was a
practitioner in a court of law who is legally
qualified to prosecute and defend actions
in such court on the retainer of
clients. Advocates had to pass the HSC exam and enter the
Sri Lanka Law College and follow the relevant course. Following
changers in 1973 the title was replaced with
Attorney at law. The current
equivalent to a advocate is a
counsel who is
a trial lawyer distinguished from an instructing attorney.
See also
External links
- Such as Advocate Paul Beckett [1]
-
http://www.pbbarcouncil.com/downloads/barcouncil_act_amended_2005.pdf
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