advocate

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Advocate

To support or defend by argument; to recommend publicly. An individual who presents or argues another's case; one who gives legal advice and pleads the cause of another before a court or tribunal; a counselor. A person admitted to the Practice of Law who advises clients of their legal rights and argues their cases in court.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

advocate

in Scotland, a member of the faculty of advocates. (Note, however, that in Aberdeen solicitors call themselves advocates.) An advocate is the Scottish equivalent of a BARRISTER. Advocates have the exclusive right to represent parties in the higher courts, subject, since legislation first introduced in 1990, to the provision that a SOLICITOR ADVOCATE is allowed to appear in these courts as well. The Faculty is a self-regulating body dating from the early 16th century. Its head is the elected Dean of Faculty. He is assisted by a Council.

Training and education involves an LLB degree and a diploma in legal practice. The aspiring advocate breaks off the period of traineeship in a solicitor's office and then spends a period of pupillage, assisting and learning from his pupil master. Specialized court skills training is given. The entrant has to be elected at the end of the process.

The professional code of the advocate is similar to that of the barrister, involving an obligation to act for any client willing to pay the necessary fee. The barrister's immunity for negligence having been departed from, it may reasonably be assumed that advocates will now be liable for their negligence in Scotland.

Advocates do not practise in chambers; rather they are independent. They do arrange to have one clerk act for a number of advocates. Although the advocate's fee is legally an honorarium and not recoverable through the courts, the Faculty established Faculty Services Ltd, which acts as a debt collector for members and provides them with general office services.

Collins Dictionary of Law © W.J. Stewart, 2006

ADVOCATE, civil and ecclesiastical law. 1. An officer who maintains or de fends the rights of his client in the same manner as the counsellor does in the common law.
     2. Lord Advocate. An, officer of state in Scotland, appointed by the king, to advise about the making and executing the law, to prosecute capital crimes, &c.
     3. College or faculty of advocates. A college consisting of 180 persons, appointed to plead in. all actions before the lords of sessions.
     4. Church or ecclesiastical advocates. Pleaders appointed by the church to maintain its rights.
     5.-2. A patron who has the advowson or presentation to a church. Tech. Dict.; Ayl. Per. 53; Dane Ab. c.,31, Sec. 20. See Counsellor at law; Honorarium.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
The distinction between advocatory acts and administrative acts is not principled either.
Despite the tendency of the literature to bemoan even the current absolute immunity of prosecutors, which is limited to their advocatory functions, there are major drawbacks to making prosecutors liable for misconduct under a qualified immunity rule.
While in "The Wilderness" one of Snyder's primary concerns is to establish the advocatory credibility of the poet-visionary, in "Mother Earth: Her Whales" (Turtle Island 47-49), Snyder presents the flip side of the argument for his own authority.
A five-to-four majority also held that the alleged fabrication of evidence was not advocatory and, thus, not deserving of absolute immunity.(104) The Court stated that the ultimate question was whether the function in question was advocatory or nonadvocatory.(105) A prosecutor cannot engage in advocatory acts, however, until probable cause is determined.(106) The Court recognized that [t]here is a difference between the advocate's role in evaluating evidence and interviewing witnesses as he prepares for trial, on the one hand, and the detective's role in searching for the clues and corroboration that might give him probable cause to recommend that a suspect be arrested, on the other hand.
A determination of probable cause, however, does not automatically entitle a prosecutor to absolute immunity from liability for all actions taken thereafter.(108) Police investigative work undertaken even after a finding of probable cause will only deserve qualified immunity.(109) Conversely, a prosecutor will have absolute immunity when acting in an advocatory capacity in preparation for the prosecution or for trial itself, including the professional evaluation of evidence collected by police officers and the preparation of that evidence for presentation at trial.(110)
Where a prosecutor performs advocatory functions not intimately associated with the judicial process, the Court looks to the common law of 1871 and weighs the Imbler policy considerations to determine whether to extend absolute immunity to the prosecutor.(191) Where a prosecutor performs an investigative or administrative activity, the Court consults the common law but declines to weigh the Imbler policy considerations.(192) Where a prosecutor performs a non-advocatory, non-administrative, and non-investigatory activity, the Court again declines to consider policy when the function enjoys no common law support for absolute immunity and can be performed by other individuals.(193)
In Kalina, the Court examined what the prosecutor asserted was advocatory conduct--attesting to facts to support a finding of probable cause--and distinguished the preparation of the affidavit from its actual execution.(203) This distinction, while it identified another function for which absolute immunity will be denied to a prosecutor, does not help to clarify the continuing ambiguity surrounding the line between a prosecutor's advocatory and investigative or administrative functions.(204) The Kalina Court does not categorize Kalina's activity of attesting(205) as investigative or administrative.