advocate



advocate defined in 1939 year

advocate - Advocate (Lat. ad, to; vocare, to call);
advocate - Term common to all members of the legal profession when representing a client before any court or tribunal. In England and Ireland barristers can appear anywhere. Solicitors cannot appear in the House of Lords, Privy Council, Court of Appeal, or the High Court; nor at a quarter sessions except where there is no Bar.

The relations between an advocate and his client are absolutely confidential, and not even a court of law can compel the disclosure of any communication between them. The advocate, in conducting a case, can make admissions that bind his client, but he cannot compromise the case without the client's permission; short of this, however, he can refer to arbitration, or otherwise do what he thinks in his client's interests. The utterances of an advocate in conducting a case are absolutely privileged. The only restraints imposed are by the influence of the judge and of the general opinion of his professional brethren; and in a criminal prosecution, if he is prosecuting, by the rule that a prosecuting counsel must regard himself as a minister of justice. An advocate's duty is to do his best for his client, regardless of the consequences to anybody else, provided he fights "with the sword of the soldier, and not with the dagger of the assassin." The word was first used by the Romans, and until 1857 had a distinctive use in England. Until then it was given to those who practised in the ecclesiastical courts, men who were licensed to do so by the archbishops, and formed a separate legal college. This was swept away when ordinary barristers began to practise in these courts.

In Scotland the word advocate is still used in a narrower and more definite sense. There the advocate is a member of the higher branch of the legal profession, the equivalent of the English barrister. To become an advocate one must pass certain examinations and pay certain fees, arranged and controlled by the Faculty of Advocates. The examinations are first in general subjects and afterwards in law. In France also the word, under the form avocat, is used in practically the same sense as in Scotland, both having borrowed it from Roman Law.

near advocate in Knolik


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letter "A"
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advocates, faculty of

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