Advocate

An advocate is a professional in the field

of law. Different countries' legal systems
use the term with somewhat differing
meanings. The broad equivalent in many
English law–based jurisdictions could be a
barrister or a solicitor. However, in
Scottish, Manx, South African, Italian,
French, Spanish, Portuguese,
Scandinavian, Polish, Israeli, South Asian
and South American jurisdictions,
"Advocate" indicates a lawyer of superior
classification.[1]
 Advocate

19th-century painting of Advocates, by French

artist Honoré Daumier

Occupation

Names Barrister
Magistrate

Activity sectors Law

Description

Competencies Good memory,

advocacy and
 interpersonal skills,
analytical mind,
critical thinking,
commercial sense

Fields of Court
employment

Related jobs Barrister, judge, jurist

"Advocate" is in some languages an

honorific for lawyers, such as "Adv. Sir
Alberico Gentili".[2] "Advocate" also has the
everyday meaning of speaking out to help
someone else, such as patient advocacy
or the support expected from an elected
politician; this article does not cover those
senses.
Europe

United Kingdom and Crown

dependencies

England and Wales

In England and Wales, Advocates and

proctors practiced civil law in the
Admiralty Courts and also, but in England
only, in the ecclesiastical courts of the
Church of England, 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,
Cambridge, or Dublin 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 of Advocates
was never formally wound up, but its
building was sold off in 1865 and the last
advocate died in 1912.

Barristers were admitted to the Court of

Arches of the Church of England in 1867.
More recently, Solicitor Advocates have
also been allowed to play this role.

Scotland

Faculty of Advocates

A 16th-century advocate

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 King's Counsel. The Faculty
is headed by the Dean of the Faculty who,
along with the Vice-Dean, Treasurer, and
Clerk are elected annually by secret ballot.

The Faculty has a service company,

Faculty Services Ltd, to which almost all
Advocates belong, which organized the
stables (sets of Advocates or barristers'
chambers[3]) and fee collection. This gives
a guarantee to all newly called Advocates
of a place. Until the end of 2007, there was
an agreement with the Law Society of
Scotland, which is the professional body
for Scottish solicitors, as to the payment
of fees, but this has now been replaced by
the Law Society. It remains the case that
Advocates are not permitted to sue for
their fees, as they have no contractual
relationship with their instructing solicitor
or with the client.[4] 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. All intrants will be
Scottish solicitors, i.e. hold a Bachelor of
Laws 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 jurisdiction.

Admission to the Faculty of Advocates

At the end of the devilling period, a devil's

admission to the Faculty is dependent on
certification by the principal devil master
that the devil is a fit and proper person to
be an advocate and that the devil has been
involved in a wide range of work in the
course of devilling. A devil's competence
in a number of aspects of written and oral
advocacy is assessed during devilling, and
if a devil is assessed as not competent, he
or she will not be admitted to the Faculty.
Further details of this process can be
found in the assessment section.

Recent developments

In recent years, increasing numbers of

Advocates have come to the Scottish Bar
after some time as solicitors, but it is
possible to qualify with a law degree, after
twenty-one months traineeship in a
solicitor's office and almost a year as a
'devil', or apprentice advocate. There are
exceptions for lawyers who are qualified in
other European jurisdictions, but all must
take the training course as 'devils'.

Until 2007, a number of young European

lawyers were given a placement with
Advocates under the European Young
Lawyers Scheme organized by the British
Council. They are known as 'Eurodevils', in
distinction to the Scottish 'devils'. This
scheme was withdrawn by the British
Council. In January 2009, a replacement
scheme began.

Lawyers qualified in other European Union

states (but not in England and Wales) may
have limited rights of audience in the
Scottish supreme courts if they appear
with an advocate, and a few solicitors
known as 'solicitor-Advocates' have rights
of audience, but for practical purposes,
Advocates have almost exclusive rights of
audience in the supreme courts – the High
Court of Justiciary (criminal), and the
Court of Session (civil). Advocates share
the right of audience with solicitors in the
sheriff courts and justice of the peace
courts.

It used to be the case that Advocates were

completely immune from suit etc. while
conducting court cases and pre-trial work,
as they had to act 'fearlessly and
independently'; the rehearing of actions
was considered contrary to public interest;
and Advocates are required to accept
clients, they cannot pick and choose.
However, the seven-judge English ruling of
Arthur J.S. Hall & Co. (a firm) v. Simons
2000 (House of Lords)[5] 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[6]
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. 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 or the Legal
Practice Course. It is not, however,
necessary actually to be admitted as an
English barrister or solicitor to train as an
advocate.
Trainee Advocates (as 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 practicing or admitted for three years
this training, the period is reduced to one
year. Foreign lawyers who have been
registered as legal practitioners in the Isle
of Man for a certain time may also
undertake a shorter period of training and
supervision. During their training, all
trainee Advocates are required to pass the
Isle of Man bar examinations, which
include papers on civil and criminal
practice, constitutional and land law, and
company law and taxation, as well as
accounts. The examinations are rigorous
and candidates are limited to three
attempts to pass each paper.

Senior English barristers are occasionally

licensed to appear as Advocates in cases
expected to be unusually long or complex,
without having to pass the bar
examination or undertake further training:
they are permitted only to act in relation to
the matter for which they have been
licensed. Similarly, barristers and solicitors
employed as public prosecutors may be
licensed to appear as Advocates without
having to pass the bar examination or
undertake further training: they are
permitted only to act as such only for the
duration of that employment.

The professional conduct of Advocates is

regulated by the Isle of Man Law Society,
which also maintains a library for its
members in Douglas. While Advocates in
the Isle of Man have not traditionally
prefixed their names with 'Advocate' in the
Channel Islands manner, some Advocates
have now started to adopt this practice.

Jersey and the Bailiwick of Guernsey

Jersey and the Bailiwick of Guernsey 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.[7] 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[8] and pass examinations in six
subjects. Alternatively, a person may apply
to become a Jersey advocate two years
after qualifying as a Jersey solicitor.

To become an advocate in Guernsey, one

has to possess a valid law degree or
diploma, plus a qualification as an English
barrister or solicitor, or a French avocat.
They must then study for the Guernsey
Bar. Three months of study of 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-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).

Once a Dutch advocate is sworn in, he or

she is admitted to the bar conditionally,
and has 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 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 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, lawyer or attorney-at-law.

Russia

In Russia, anyone with a legal education

(lawyer) can practice law, but only a
member of the Advokatura (Адвокатура)
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)[9] and
Constitutional Court (leaving aside
persons having academic degree of
candidate or doctor in juridical sciences
who also can represent parties in
constitutional proceeding).[10] Specialist
degree in law is the most commonly
awarded academic degree in Russian
jurisprudence[11] but after Russia's
accession to the Bologna process[12] only
bachelor of laws and master of laws
academic degrees are available in Russian
institutions of higher education.[13] An
"advocate" is a lawyer who has
demonstrated qualification and belongs to
an organizational structure of Advocates
specified by law,[14] known as being "called
to the bar" in Commonwealth countries.

An examination is administered by the

qualifications commission of regional
advocate's chamber for admission to its
Advokatura. 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.[15] The exam is both
written and oral, 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.[16] The qualifications
commission is composed of seven
Advocates, two judges, two
representatives of the regional legislature,
and two representatives of the Ministry of
Justice.[17]

After successful passing the qualification

exam a candidate should take the oath of
advocate. From the moment of taking the
oath, he becomes an advocate and a
member of the advocate's chamber of the
relevant federal subject of Russia.
Advocate's chamber sends relevant
information to the territorial subdivision of
the Ministry of Justice of the Russian
Federation, which includes the new
advocate in the register of Advocates of
the relevant federal subject of Russia and
issues to him an advocate's certificate,
which is the only official document
confirming the status of an advocate, on
the basis of this information. The status of
an advocate is granted for an indefinite
period and is not limited by any age. There
is only 1 advocate's chamber in each
federal subject of Russia. Each advocate
can be the member of only 1 advocate's
chamber and can be listed in the register
of Advocates of the relevant federal
subject of Russia only. In case of
relocation to another region, the advocate
ceases to be a member of the advocate's
chamber and should be excluded from
register of Advocates at the old place of
residence (advocate's certificate should be
returned to the subdivision of the Ministry
of Justice of the Russian Federation,
which issued it), and after that he
becomes a member of the advocate's
chamber and is included in the register of
Advocates at the new place of residence
(where he receive new advocate's
certificate) without any exams. Each
advocate can carry out his professional
activity throughout Russia, regardless of
membership in particular regional
advocate's chamber and regardless of
particular regional register where he is
listed in. Advocates carry out their
professional activity individually
(advocate's cabinet) or as the member of
advocate's juridical person (collegium of
Advocates, advocate's bureau). Advocate
can open own cabinet after at least 3
years legal practice in collegium or bureau.
An advocate, who has opened own
cabinet, can not be the member of any
advocate's juridical person, and an
advocate, who is the member of one
advocate's juridical person, can not be the
member of any other advocate's juridical
person. Advocate is obliged to report to
advocate's chamber any changes in his
membership in a collegium or a bureau
and, equally, opening and closing a
cabinet.[18]
An advocate can not be an individual
entrepreneur, government official,
municipal official, notary, judge, elected
official. An advocate can not work under
an employment (labour) contract, with the
exception of scientific and teaching
activities. An advocate may combine his
status with the status of a patent attorney,
a trustee in bankruptcy. An advocate may
be a shareholder/owner of business
juridical persons and a member of
voluntary associations and political
parties. Russian advocate may have a
status of advocate (attorney, barrister,
solicitor) in foreign jurisdiction, subject to
above conditions.
Russian 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.[19] After the
end of the suspension, advocate's status
should be resumed without any additional
conditions. Also Russian 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.[20] In other cases,
ex-Advocate can go back to being an
Advocate on general grounds through a
passing the qualification exam, on
condition that the reasons for termination
of advocate's status have ceased to exist.

Advocate's chambers are professional

associations of Advocates, which are
based on mandatory membership of
Advocates. All regional advocate's
chambers are mandatory members of
Federal Chamber of Advocates of Russian
Federation (Russian: Федеральная
палата адвокатов Российской
Федерации), which is professional
association at the federal level.[21]
As of 2018, there were 49,4 Advocates per
100,000 people in Russia.[22]

In Russia, foreign Advocates can advise on

the legislation of their countries; they
should register in the special register
maintained by the Ministry of Justice of
the Russian Federation to obtain the right
to carry out this activity.[23] Foreign
advocate can in addition become Russian
advocate. There are two possible paths for
that. The first possibility is to become
Russian advocate on the same basis as
Russian citizens (i.e. through higher legal
education in one of Russian universities,
two years of experience in legal work in
Russia after graduation or a training
program in Russian law firm after
graduation, successful passing the
qualification exam). Since Russia's WTO
Accession the second possibility is
available: foreign advocate can just pass
special qualification exam to become
Russian advocate.[24]

Asia

Bangladesh

In Bangladesh, after passing the Higher

Secondary School Certificate, one can
apply for admission for studying law in
Universities. There are several public and
private universities which provide Bachelor
of Laws and Master of Laws 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.[25]

Advocate of Supreme Court

By passing the Bangladesh Bar Council

Exam, Advocates are eligible to practice in
the Supreme Court of Bangladesh 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

Advocate's office in Rajasthan

In India, the law relating to the Advocates

is the Advocates Act, 1961 introduced and
thought up by Ashoke Kumar Sen, 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. 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) 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, 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
under a senior Advocate in their chambers.
Afterward, they are required to pass a GAT
test recognized by the Higher Education
Commission of Pakistan (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.)
Over fifty percent 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 in the
United Kingdom. After at least fifteen
years of practice, by invitation or by an
application to a panel of Supreme Court
Judges headed by the Chief Justice of
Pakistan, one can become Senior
Advocate of Supreme Court of Pakistan.
Very few applications are accepted and
even fewer invitations are made. Attorneys
General are usually invited by the Supreme
Court on the appointment, to the office. So
are some notable High Court judges who
upon retirement choose to practice before
the Supreme Court, where they are still
eligible to do so.

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 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 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 created a single group of
practitioners known as Attorneys-at-law.
The current equivalent to an advocate is a
counsel who is a trial lawyer distinguished
from an instructing attorney.

Africa

South Africa

In South Africa,[26] 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, or in research
into the law is required; Referral Advocates
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.)[27] 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.[28]

The requirements to enter private practice

as Advocates (Junior Counsel) are to hold
the LL.B. degree, and to become a
member of a Bar Association (https://web.
archive.org/web/20110827174751/http://
www.sabar.co.za/members.html) 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 as a Senior
Counsel (SC; also referred to as a "silk").
When a junior advocate is viewed in the
eyes of any particular Senior Counsel (Silk)
as having commended him or herself in
the profession so as to warrant
recognition for excellence, he or she is
commonly rewarded with a traditional gift
of a red brief bag.

State Advocates act as a public prosecutor

in High Court matters, typically in cases
requiring preparation and research. They
are appointed by the National Prosecuting
Authority and are attached to the Office of
the National Director of Public
Prosecutions.[29]

Americas

Brazil

In Brazil, the bar examination occurs

nationally in March, August, and
December. These examinations are unified
and organized by the Order of Attorneys of
Brazil. After 5 years in law school, Brazilian
law students are required to take the bar
exam, which consists of 2 phases: the
multiple choice test and written test,
without any further requirements.

The Constitution of Brazil applies

restrictions on professional practice of law
in the fulfillment of the requirements,
which may include in addition to
graduation, formal submission of the
applicant in the proficiency tests. The
Order exam is tied to Law No. 8609 of
4/7/1994:
"Article 8: For registration as an attorney is
needed: IV - "To pass the Examination of
the Order;"

Within its powers expressly granted by the

Constitution, the ordinary legislative
demands that whoever wishes to pursue
the legal profession possess the degree of
Bachelor of Law and approval of
Examination of Order, whose preparation
and implementation is done by their own
class. The Constitution itself provides for
the restriction, and the Statute of Law
requires the examination.
The bar exam in Brazil approves very few
students and is considered a hard one. For
instance, in February 2014, the Bar
association made a release stating that
only 19.64% of students had been
approved in the last exam and were able to
register as a lawyer.[30]

See also
Advocate General
Advocatus
Barrister
Judge Advocate General
Jurist
Lawspeaker
 Ombudsman
Solicitor
Solicitor-Advocate

References
1. An advocate would be the most essential
part of the European jurisdictions (law n.
133), Jus Navigandi (https://jus.com.br/arti
gos/6208/responsabilidade-civil-do-advoga
do) , FERREIRA, Éder (http://sisnet.aduaneir
as.com.br/lex/doutrinas/arquivos/advocaci
a.pdf) Archived (https://web.archive.org/w
eb/20160304035229/http://sisnet.aduaneir
as.com.br/lex/doutrinas/arquivos/advocaci
a.pdf) 4 March 2016 at the Wayback
Machine, pesquisados em 7 de abril de
2008
2. "Si agli "abogados" in Italia ma in Spagna
ormai è più difficile ottenere il titolo" (http
s://web.archive.org/web/2015051206340
1/http://www.ilcorrieredispagna.com/si-agli
-abogados-in-italia-ma-anche-in-spagna-or
mai-e-piu-difficile-ottenere-il-titolo/10655/)
[The EU Court of Justice requires Italian bar
associations to register fellow citizens who
have obtained their qualifications in Spain
where, in the meantime, the qualification
exam has been introduced]. Il Corriere di
Spagna. 12 May 2015. Archived from the
original (http://www.ilcorrieredispagna.co
m/si-agli-abogados-in-italia-ma-anche-in-sp
agna-ormai-e-piu-difficile-ottenere-il-titolo/1
0655/) on 25 April 2021.
3. "Stables overview" (https://www.legal500.c
om/c/scottish-bar/stables-overview/) .
legal500.com. Retrieved 2 May 2020.

4. "Archived copy" (https://web.archive.org/we

b/20071010141208/http://www.privy-coun
cil.org.uk/files/other/husbands-final.rtf) .
Archived from the original (http://www.privy
-council.org.uk/files/other/husbands-final.rt
f) on 10 October 2007. Retrieved
28 January 2008.
5. Law Lord's Department (20 July 2000).
"House of Lords - Arthur J.S Hall and Co. v.
Simons (A.P.) Barratt v. Ansell and Others
(Trading As Woolf Seddon (A Firm) Harris v.
Scholfield Roberts and Hill (Conjoined
Appeals)" (https://web.archive.org/web/20
120829024300/http://www.parliament.the-
stationery-office.co.uk/pa/ld199900/ldjudg
mt/jd000720/hall-1.htm) . Parliament.the-
stationery-office.co.uk. Archived from the
original (http://www.parliament.the-statione
ry-office.co.uk/pa/ld199900/ldjudgmt/jd00
0720/hall-1.htm) on 29 August 2012.
Retrieved 11 June 2013.
6. "TREVOR RUSH McCafferty WRIGHT v.
PATON FARRELL+ROBERT PATON+PETER
FARRELL, 10 February 2006, Lord
President" (http://www.scotcourts.gov.uk/o
pinions/2006CSIH7.html) .
Scotcourts.gov.uk. Archived (https://web.ar
chive.org/web/20120903153149/http://ww
w.scotcourts.gov.uk/opinions/2006CSIH7.h
tml) from the original on 3 September
2012. Retrieved 11 June 2013.

7. Advocates and Solicitors (Jersey) Law

1997
8. "Home" (http://www.lawinstitute.ac.je/) .
Institute of Law, Jersey. Archived (https://w
eb.archive.org/web/20130811152018/htt
p://www.lawinstitute.ac.je/) from the
original on 11 August 2013. Retrieved
11 June 2013.

9. Velimirova, Viktoriya (15 February 2018).

"Конституционный Суд пояснил, по
каким основаниям суд может не
допустить в дело защитника-
неадвоката" (https://www.advgazeta.ru/no
vosti/ks-reshal-dolzhen-li-zashchitnik-imet-y
uridicheskoe-obrazovanie/) . Адвокатская
газета (in Russian).
10. "Общие правила производства в
Конституционном Суде Российской
Федерации" (http://www.ksrf.ru/ru/Info/Le
galBases/FCL/Pages/Chapter2.aspx) (in
Russian). Constitutional Court of Russia.

11. "Study Law in Russia" (https://www.lawstud

ies.com/Russia/) . Lawstudies.com.

12. "Россия присоединилась к Болонской

конвенции" (https://ria.ru/20030918/4360
76.html) . RIA Novosti (in Russian). 18
September 2003.
13. "В РФ вводится двухуровневая система
высшего образования" (https://www.rbc.r
u/society/25/10/2007/5703c98e9a79470e
af76788c) [A two-tier system of higher
education is being introduced in the
Russian Federation]. RBK (in Russian). 25
October 2007.

14. Maggs, Peter; Schwartz, Olga; Burnham,

William (2015). Law and Legal System of
the Russian Federation (6 ed.). Huntington,
New York: Juris Publishing. p. 196.
ISBN 978-1-57823-443-1.

15. "Выучиться на адвоката" (https://fparf.ru/

education/learning/) (in Russian). Federal
Chamber of Advocates of Russian
Federation.
16. "Положение о порядке сдачи
квалификационного экзамена на
присвоение статуса адвоката" (https://fp
arf.ru/documents/fpa-rf/the-documents-of-
the-council/regulations-on-the-procedure-of
-qualification-examination-for-the-status-of-
a-lawyer/) (in Russian). Federal Chamber
of Advocates of Russian Federation.
17. "Разъяснение Комиссии ФПА РФ по
этике и стандартам по вопросу об
отводе члена квалификационной
комиссии" (https://fparf.ru/documents/fpa
-rf/documents-commissions/razyasnenie-k
omissii-fpa-rf-po-etike-i-standartam%20otv
od/) [Clarification of the FPA RF
Commission on Ethics and Standards on
the issue of disqualification of a member of
the qualification commission] (in Russian).
Federal Chamber of Advocates of Russian
Federation. 18 November 2020.
18. "Об адвокатской деятельности и
адвокатуре в Российской Федерации"
[About advocate's activity and advokatura
in Russian Federation]. Federal Law No. 63-
FZ of 31 May 2002 (http://pravo.gov.ru/pro
xy/ips/?searchres=&bpas=cd00000&a3=10
2000505&a3type=1&a3value=&a6=&a6type
=1&a6value=&a15=&a15type=1&a15value=
&a7type=1&a7from=&a7to=&a7date=31.05.
2002&a8=63-%D4%C7&a8type=1&a1=&a0=
&a16=&a16type=1&a16value=&a17=&a17ty
pe=1&a17value=&a4=&a4type=1&a4value=
&a23=&a23type=1&a23value=&textpres=&s
ort=7&x=47&y=12) (in Russian). State
Duma.
19. Varaksin, Maksim (1 August 2018). "За
адвокатами с приостановленным
статусом предложили установить
слежку" (https://pravo.ru/news/204384/) .
Pravo.ru (in Russian).

20. Pavlova, Zinaida (1 March 2021).

"Прекращение статуса адвоката по
неблаговидным причинам теперь
закрывает доступ к судебному
представительству?" (https://www.advgaz
eta.ru/novosti/prekrashchenie-statusa-advo
kata-po-neblagovidnym-prichinam-teper-za
kryvaet-dostup-k-sudebnomu-predstavitelst
vu/) . Адвокатская газета (in Russian).
21. "О Федеральной палате адвокатов РФ"
(https://fparf.ru/fpa-rf/about/) (in
Russian). Federal Chamber of Advocates of
Russian Federation.

22. Khimshiashvili, Polina; Alekhina, Margarita

(4 October 2018). "Адвокатов в России
оказалось в три раза меньше по
сравнению с Европой" (https://www.rbc.r
u/politics/04/10/2018/5bb550b29a794759
928e6e99) . RBK (in Russian).
23. "Приказ Министерства юстиции
Российской Федерации (Минюст
России) от 31 июля 2012 г. N 151 г.
Москва "Об утверждении
Административного регламента
предоставления Министерством
юстиции Российской Федерации
государственной услуги по ведению
реестра адвокатов иностранных
государств, осуществляющих
адвокатскую деятельность на
территории Российской Федерации" " (ht
tps://rg.ru/2012/08/22/advokat-dok.html) .
Rossiyskaya Gazeta (in Russian). 22
August 2012.
24. "ФПА разрешила иностранным
адвокатам получать статус российского
адвоката" (https://pravo.ru/news/view/506
83/) . Pravo.ru (in Russian). 22 March
2011.

25. "Students lock Bar Council" (http://bdnews2

4.com/bangladesh/2013/09/04/students-l
ock-bar-council) . bdnews24.com. Archived
(https://web.archive.org/web/2015040218
3720/http://bdnews24.com/bangladesh/20
13/09/04/students-lock-bar-council) from
the original on 2 April 2015. Retrieved
28 February 2015.
26. "sabar.co.za" (https://web.archive.org/web/
20130603014800/http://www.sabar.co.za/l
egal-career.html) . sabar.co.za. 16
November 1998. Archived from the original
(http://www.sabar.co.za/legal-career.html)
on 3 June 2013. Retrieved 11 June 2013.

27. "LAW PROFESSIONALS" (http://www.labour.

gov.za/downloads/documents/research-do
cuments/Law_DoL_Report.pdf) Archived
(https://web.archive.org/web/2013072823
3206/http://www.labour.gov.za/downloads/
documents/research-documents/Law_DoL
_Report.pdf) 2013-07-28 at the Wayback
Machine, Department of Labour South
Africa
28. "johannesburgbar.co.za" (https://web.archiv
e.org/web/20130513091027/http://www.jo
hannesburgbar.co.za/groups.html) .
johannesburgbar.co.za. 8 April 2001.
Archived from the original (http://www.joha
nnesburgbar.co.za/groups.html) on 13
May 2013. Retrieved 11 June 2013.

29. "Justice/Resources/Publications/Careers
in the Justice System" (http://www.justice.g
ov.za/brochure/careers-in-justice.html) .
Archived (https://web.archive.org/web/201
41230184022/http://www.justice.gov.za/br
ochure/careers-in-justice.html) from the
original on 30 December 2014.
30. "OAB releases the results of the XI Unified
Bar Exam (in Portuguese)" (http://www.oab.
org.br/noticia/26632/com-novidades-oab-d
ivulga-resultado-do-xi-exame-de-ordem-unif
icado) . Ordem dos Advogados do Brasil.
OAB. 3 February 2014. Archived (https://we
b.archive.org/web/20140409105839/http://
www.oab.org.br/noticia/26632/com-novida
des-oab-divulga-resultado-do-xi-exame-de-o
rdem-unificado) from the original on 9
April 2014. Retrieved 12 January 2015.

External links
Look up advocate or stable in
Wiktionary, the free dictionary.
Wikimedia Commons has media related
to Advocates.
The Faculty of Advocates (http://www.A
dvocates.org.uk)
Association of licensed attorneys in
Finland (http://www.alaki.fi)
Roles and responsibilities of an
Advocate in the Court of Law (https://we
b.archive.org/web/20180723223847/htt
p://www.learningthelaw.in/2017/02/role
s-and-responsibilities-of-advocate.html)
Roles and responsibilities of an
Advocate in the Court of Law (https://ad
vocatedirectory.in/advocacy/)
Roles and responsibilities of an
Advocate in the Court of Law (https://in
diaadvocacy.in)
Retrieved from
"https://en.wikipedia.org/w/index.php?
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