Advocate
An "advocate" is a professional in the field of law. Different countries and legal systems uses the term with somewhat differing meanings. The broad equivalent in many English law–based on 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]
This article is about the modern legal profession. For the promotion of a cause or point of view, see Advocacy. For other uses, see The Advocate."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.
Asia[edit]
Bangladesh[edit]
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]
Africa[edit]
South Africa[edit]
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 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"). 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 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[edit]
Brazil[edit]
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]