The Basoche was the guild of legal clerks of the Paris court system under the pre-revolutionary French monarchy , from among whom legal representatives ( procureurs ) were recruited. It was an ancient institution whose roots are unclear. The word itself derives from the Latin basilica , the kind of building in which the legal trade was practiced in the Middle Ages .
80-460: It dated from the time when the profession of procureur (procurator, advocate or legal representative) was still free in the sense that persons rendering that service to others when so permitted by the law were not yet public and ministerial officers. For this purpose there was established near each important juridical centre a group of clerks , that is to say, of men skilled in law (or reputed to be so), who at first would probably fill indifferently
160-536: 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. "Advocate" is in some languages an honorific 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 or
240-569: 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,
320-638: 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
400-584: A clerk. The judgment, at any rate if delivered by a maître des requêtes , was authoritative, and could only be contested by a civil petition before the ancient council of the Basoche. The Châtelet of Paris had its special basoche, which claimed to be older even than that of the Palais de Justice, and there was contention between them as to certain rights. The clerks of the procureurs at the cour des comptes of Paris had their own Basoche of great antiquity, called
480-493: 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
560-595: 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 or solicitor , or
640-529: 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) and Constitutional Court (leaving aside persons having academic degree of candidate or doctor in juridical sciences who also can represent parties in constitutional proceeding). Specialist degree in law
720-530: A local authority is paid a salary greater than the basic pay received by a councillor. The salary of the convenor, leader of the council and senior councillors is set across Scotland, with variation between councils on a banding system. A council's place on one of the four salary bands is based on a number of factors, including the size of the council's budget. As a convenor of a council, the provost presides over council meetings. The first order of business for any local authority following an election of councillors
800-533: 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
880-520: A military manner and held periodical reviews or parades ( montres ), sometimes taking up arms in the king's service in time of war. Of this there survived later only an annual cavalcade , when the members of the Basoche went to the royal forest of Bondy to cut the maypole , which they afterwards set up in the courtyard of the Palais de Justice , to the sound of tambourines and trumpets. We hear also of satirical and literary entertainments given by clerks of
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#1732802497335960-444: 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 ). 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,
1040-417: 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
1120-632: 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
1200-712: Is a title held by the civic heads of local governments in Scotland . It is similar in use to the title of mayor in other parts of the English-speaking world . In the 32 current unitary councils in Scotland, the title is often used for the convenor or civic head of a council, elected by its members to chair meetings and to represent the council. While convenor and depute convenor are the titles used in statute for this position, councils are generally permitted to choose their own titles for their civic heads. However, in
1280-527: 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. 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
1360-644: 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 . 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
1440-528: 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 ) and fee collection. This gives a guarantee to all newly called Advocates of a place. Until the end of 2007, there
1520-402: 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
1600-686: 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
1680-444: 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
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#17328024973351760-803: 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 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
1840-472: Is the appointment of a convenor and depute convenor from among their number. The Scottish Conservatives and former Prime Minister Gordon Brown have proposed provosts directly elected by the public, with executive authority similar to that of directly elected mayors in England and Wales . The Local Government (Scotland) Act 1973 provided for the creation of community councils in Scotland to represent
1920-486: 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 official , municipal official , notary , judge , elected official . An advocate can not work under an employment ( labour ) contract , with
2000-523: Is the most commonly awarded academic degree in Russian jurisprudence but after Russia's accession to the Bologna process only bachelor of laws and master of laws academic degrees 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
2080-544: 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. In Bangladesh, after passing
2160-555: 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. In India , the law relating to
2240-617: 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,
2320-659: The Carolingian court. A provost was the chief magistrate or convenor of a burgh council, the equivalent of a mayor in other parts of the United Kingdom and in the Republic of Ireland. Before the enactment of the Town Councils (Scotland) Act 1900 various titles were used in different burghs, but the legislation standardised the name of the governing body as “the provost, magistrates, and councillors” of
2400-733: 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. By passing
2480-733: 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
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2560-402: The bar in another common law jurisdiction. 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
2640-473: The "empire de Galilée." The Basoche of the Palais de Justice had in its ancient days the right to create provostships in localities within the jurisdiction of the parlement of Paris, and thus there sprang up a certain number of local basoches. Others were independent in origin; among such being the "regency" of Rouen and the Basoche of the Parlement of Toulouse . Its powers faded over the years and towards
2720-517: The 32 current unitary council areas in 1996. Members of each council elect one of their number to convene meetings of the council, and that person is generally designated convenor or provost. A provost, as civic head of a council, chairs council meetings, and represents the council on civic and ceremonial occasions. The Scottish Provosts Association is a membership organisation established in 2014 for provosts and civic heads of local authorities who may use different titles. A provost or convenor of
2800-629: 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,
2880-596: 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
2960-406: 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
3040-409: 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
3120-401: The Basoche, to have been entered by name for ten years on its register. It was not sufficient to have been merely clerk to a procureur during the period and to have been registered at his office. This rule was the occasion of frequent conflicts during the 17th and 18th centuries between the members of the Basoche and the procureurs, and on the whole, despite certain decisions favouring the latter,
3200-799: 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) There are four levels of Advocates exist in Pakistan , 1.Advocate 2.Advocate High Court 3.Advocate Supreme Court 4.Senior Advocate Supreme Court: Provost (civil) Provost
3280-418: The Palais de Justice, and of the moralities played by them in public, which form an important element in the history of the national theatre; but at the end of the 16th century these performances were restricted to the great hall of the Palais. To the last the Basoche retained two principal prerogatives. (1) In order to be recognized as a qualified procureur it was necessary to have gone through one's "stage" in
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3360-533: 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
3440-529: 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
3520-673: 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
3600-470: 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. The exam is both written and oral , but the main test
3680-463: 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
3760-444: 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
3840-466: The burgh. After the reorganisation of local government in Scotland in 1975, the title of Lord Provost was reserved to Aberdeen , Dundee , Edinburgh and Glasgow , while other district councils could choose the title to be used by the convenor; in 1994 twenty-two councils had provosts. Similar provisions were included in the Local Government etc. (Scotland) Act 1994 , which established
3920-404: 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
4000-545: The case of senior counsel), straps and gowns as a dress in court. 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
4080-625: The cities of Aberdeen , Dundee , Edinburgh and Glasgow , the title is specified in law as Lord Provost , who also performs the role of lord-lieutenant for the area. The title of provost is derived from the French term prévôt , which has origins in the Roman Empire . In the past, it was associated with the principal magistrates of Scotland's burghs , but it has since been used in a range of local authorities and community councils , as well as former district councils. The title of provost
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#17328024973354160-411: 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
4240-422: The end of the 16th century, by order, it is said, of Henry III , and was thenceforth called the "chancellor." At this time it is said that the order included 6,000 clerks. The Basoche had besides its maîtres des requêtes , a grand court-crier, a referendary , an advocate-general , a procureur-général , a chaplain , etc. In early days, and until the first half of the 16th century, it was organized in companies in
4320-518: The end, it had little genuine authority. It was abolished in the French Revolution by the general decree of February 13, 1791. In modern French , basoche is a pejorative term for the legal trade as a whole. Advocate 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 –based jurisdictions could be
4400-554: 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
4480-452: The federal level. As of 2018, there were 49,4 Advocates per 100,000 people in Russia. 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. Foreign advocate can in addition become Russian advocate. There are two possible paths for that. The first possibility
4560-501: 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,
4640-474: The interests of communities, particularly to their local authorities. A number of these community councils share boundaries similar to those of historic burgh councils and several have chosen to style their chairpersons as provosts. In 2019 the Royal Burgh of St Andrews Community Council reintroduced the title of Provost for its chairman when performing ceremonial and ambassadorial duties, in anticipation of
4720-468: 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
4800-638: 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
4880-416: The marking in 2020 of the 400th Anniversary of the granting of Royal Burgh status by King James VI & I in 1620. Traditionally, provosts have chains of office , which are often valuable items of jewellery bearing an authority's coat of arms . In The Cadfael Chronicles series of historical detective novels by Ellis Peters , which take place in 12th-century Shrewsbury , England , an important role
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#17328024973354960-432: 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
5040-456: The parlement maintained the rights of the Basoche. Opinion was favourable to it because the certificats de complaisance issued by the procureurs were dreaded. These certificates held good, moreover, in places where there was no Basoche. (2) The Basoche had judiciary powers recognized by the law. It had disciplinary jurisdiction over its members and decided personal actions in civil law brought by one clerk against another or by an outsider against
5120-680: 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
5200-485: The procureurs of these days are but the former clerks of the Basoche, admitted to officiate in important cases in preference to other clerks and to their exclusion." From its ancient past the Basoche had also preserved certain picturesque forms and names. It was called the "kingdom of the Basoche ," and for a long time its chief, elected each year in general assembly, bore the title of "king." This he had to give up towards
5280-404: 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 . 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
5360-408: 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
5440-491: The right to be an Advocate. 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
5520-463: The rôles of representative or advocate. Such was the origin of the Basoche of the parlement of Paris; which naturally formed itself into a guild, like other professions and trades in the Middle Ages. But this organization eventually became disintegrated, dividing up into more specialized bodies: that of the advocates, whose history then begins; and that of legal representatives, whose profession
5600-651: 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 . In Russia , anyone with
5680-420: 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,
5760-535: The support expected from an elected politician; this article does not cover those senses. 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
5840-524: 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
5920-495: 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
6000-557: 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. Their fees are honoraria . Advocates wear wigs, white bow-ties (or falls in
6080-512: 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) 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. Advocates are
6160-567: Was introduced to Scotland from the French term prévôt ( French pronunciation: [pʁeˈvoː] ), similarly to the title's military use in the English language . It has its origins in the Latin term '' praepositus , which as a civil title in the Roman Empire dates back to the praepositus sacri cubiculi (provost of the sacred bedchamber). A position of praepositus palatii was held in
6240-516: Was regularized in 1344, and speedily became a saleable charge. The remnant of the original clerks constituted the new Basoche, which thenceforward consisted only of those who worked as clerks for the procureurs, the richer ones among them aspiring themselves to attain the position of procureur. They all, however, retained some traces of their original conditions. "They are admitted," writes an 18th-century author, "to plead before M. le lieutenant civil sur les réferés and before M. le juge auditeur; so that
6320-539: 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 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
6400-488: 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
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