Advocate
Encyclopedia
An advocate is a term for a professional lawyer
used in several different legal systems. These include Scotland
, South Africa, India, Scandinavian jurisdictions, Israel
, and the British Crown dependencies of Jersey
, Guernsey and the Isle of Man
. The broad equivalent in many English law
-based jurisdictions is "barrister
".
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 Queen's Counsel
. The Faculty is headed by the Dean
of the Faculty who, along with the Vice-Dean, Treasurer
, Clerk
are elected annually by secret ballot
.
The Faculty has a service company, Faculty Services Ltd, to which almost all advocates belong, that organises the stables 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 solicitor
s, as to the payment of fees, but this has now been abrogated 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 http://www.privy-council.org.uk/files/other/husbands-final.rtf. Their fees are honoraria
.
Advocates wear wigs, white bow-ties (or falls in the case of senior counsel), straps and gowns as dress in court.
. All Intrants will hold an LL.B. (Bachelor of Laws
) and the Diploma in Legal Practice
qualifying them as solicitors or be members of the Bar
in another common law
jurisdiction.
Until 2007, a number of young European lawyers were given a placement with advocates under the European Young Lawyers Scheme organised 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 This scheme was withdrawn by the British Council.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 EU states (but not 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.
and Guernsey
are separate. 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 qualify 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 a law office dealing with Jersey law, enroll 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 a French avocat. They must then study for the Guernsey Bar. Three months of study of Norman
law at the Université de Caen is required; this is no longer the case 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.
. An Advocate's role is to give advice 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) honours, or else a degree in another subject with no less than lower second class (2:2) honours 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 practising or admitted for three years this training period is reduced to one year. Foreign lawyers who have been registered as legal practitioners in the Isle of Man for a certain period of 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.
. In Finland advokat is the Swedish
title for such a qualified lawyer (the equivalent title in Finnish
being asianajaja). However, one does not necessarily have to be an advocate to practice law. In Sweden, for example, any adult can practice law and represent a party in court without any prior approval, training, licence or advocate title.
In English, the Scandinavian title of advokat is interchangeably also translated as barrister
, lawyer
or attorney-at-law.
and Wales
Advocates and Proctors practiced civil law in the admiralty and ecclesiastical courts in a similar way to Barristers and Attorneys or 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 Oxford or Cambridge 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 was never formally wound up, but their 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 Advocate
s have also been allowed to play this role.
, 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. For this purpose, the Bar Council of India is authorized to pass regulations and make orders in individual cases and also generally.
Each State has a Bar Council of its own whose function is to enroll the Advocates willing to practice predominately 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 with he is enrolled in.
The advantage with having the State Bar Councils is that the work load 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 for being entitled to practice in India is twofold. First, the applicant must be a holder of a law degree from a recognized 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 are 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 recognized as an Advocate and is required to maintain a standards 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 the Advocates in the courts, while interacting with clients and even otherwise.
All Advocates in India are at the same level and are recognized 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 specialization in an area of law, there is a concept of conferral of Senior Advocate status. An Advocate may be recognized 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 onwards a mandatory rule is made for lawyers passing out from the year 2009-10 to sit for a evaluation test named AIBE ( All India Bar Exam ) for one to qualify as an advocate and practice in the courts
Further, under the Constitutional structure, there is a provision for elevation of Advocates as judges of High Courts and Supreme Court. The only requirement is the Advocate must have a 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)
s or lower courts in respective province. One can qualify as an Advocate after completion of a law degree (LL.B of three years),one year pupillage/apprenticeship under a senior Advocate in his/her chambers and thereafter to go for Bar admission test,the Bar Council of the relevant province examine him/her that he is fit or not to become as an Advocate and is not convicted. After passing the multiple choice question examination and interview conducted by provincial Bar Council, the Bar Council will issue him/her the licence for appearing before the Courts.
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.
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 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.
, there are two main branches of legal practitioner: attorneys, who do legal work of all kinds, and advocates, who are specialists; see split profession. Advocates (also called 'counsel') are 'briefed' by attorneys when a specialist skill in court based litigation, or in research into the law is required; advocates have no direct contact with clients, and are said to be in a 'referral' profession. 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.
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. 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"). See Legal education in South Africa.
(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 Sri Lanka Law College and follow the relevant course. Following changers in 1973 the title was replaced with Attorney at law
. The current equivalent to an advocate is a counsel
who is a trial lawyer distinguished from an instructing attorney.
The law regulating the Advocates profession in Tanzania is not clearly defined and it is difficult to say to what extent the English law applies, because the Advocates ordinance is not exhaustive. However, a close look at the Tanzania Advocates Ordinance indicates that it
has borrowed quite extensively from the Kenya Advocates Ordinance of 1949, and the Legal Practitioners Ordinance of Nigeria. All these Acts have a common ancestry, the English Solicitors Remuneration Acts of 1870 and 1881, and the Solicitors Act of 1932.
The law governing advocates in Tanzania is of the kind which would be applicable to solicitors in England http://docs.google.com/viewer?a=v&q=cache:6b8P2-htiQ8J:www.tzonline.org/pdf/thetortofnegligence.pdf+PROFESSIONAL+OF+ADVOCATES+IN+TANZANIA&hl=en&gl=tz&pid=bl&srcid=ADGEESjDEmSu5FntJqDZhYPPlo9XaARg1qNPi5wuSOz2Qr1B7UVm9EFApOsymlg-Hvcpemh9VmBt_Yrt9IDybvcTx7Op9JwJIowdb608xFiXetm7M9PC2smNTKoiIji7pDl28RV7r1mn&sig=AHIEtbRUDFensFibFrK1FUL4pycTq_ERew
To become an advocate in the mainland Tanzania you must be 'admitted' to the Roll of Advocates, a statutory register kept by the Registrar of the High Court.The law governing the whole process of admission to the bar in Tanzania is the ADVOCATES Act Cap 341 R.E 2002 of the Laws of Tanzania (this Law does not apply in Tanzania Zanzibar where there is a separate legal system and independent Bar Association for Zanzibar). Before establishment of the Law School of Tanzania in 2007 The Law School of Tanzania (the School) was established by the Law School of Tanzania Act 2007 (the Act) that came into force on 2nd May 2007 http://lst.ac.tz/about_us/establishment.php to become an advocate in Tanzania, a person must be a holder of a degree in law (s.8 (a)(i) of the Advocates Act). A person must have completed four months of internship conducted by the ministry of justice and constitutional affairs, (but the system has changed following establishment of the Law School.Presently, the Law School of Tanzania offers a one-year practical legal training programme, which is compulsory for any law graduate aspiring to be enrolled as an advocate of the High Court of Tanzania. The programme is divided into two semesters. The First Semester covers classroom instruction for up to twelve weeks while the Second Semester involves a period of clinical law (field placement) followed by final written and oral examinations. Successful candidates are awarded the Post-Graduate Diploma in Legal Practice).
).
Applications for admission to the bar are usually made to the chief justice by way of petition. (S.8 (2)). The petition is usually accompanied by certificate of good character, certificate of pupilage, and certificates for Secondary School (O- Level and A- Level) and University Certificates of LLB Degree which is mandatory and any other postgraduate certificates including that of Law School of Tanzania for those who completed their degrees after the start of the law School program, The certificate of Good Character is drafted in the favour of the petitioner by any admitted member of the bar who knows the petitioner and certifies his or her good character. Certificate of pupilage is drafted by the law firm or office to which the petitioner did his/her pupilage.
Applications are usually made in a specified form accompanied by fees. (S.8 (2)). (Though fees is usually paid upon actual admission) Applicant shall be notified to appear before the council for legal education for examination. This usually takes a minimum of one year from the date filing the petition.
Chief justice may if he thinks fit admit the applicant as an advocate (s.8 (3)). The Chief Justice exercises this discretionary power after the applicant has satisfied the council of legal education that he or she has sufficient knowledge of laws of the country. Each successful petitioner is called before the Chief Justice who interviews the petitioner on his personal history.
Each certificate of admission issued by the chief justice shall be endorsed "the certificate itself is not a license to practice an advocate”
The registrar upon production of an admission certificate signed by the chief justice and on payment of the prescribed fee to the registrar, the registrar shall enter on the roll the name of the person so admitted Presently, the Law School of Tanzania offers a one-year practical legal training programme, which is compulsory for any law graduate aspiring to be enrolled as an advocate of the High Court of Tanzania. The programme is divided into two semesters. The First Semester covers classroom instruction for up to twelve weeks while the Second Semester involves a period of clinical law (field placement) followed by final written and oral examinations. Successful candidates are awarded the Post-Graduate Diploma in Legal Practice.
.
ADMISSION FOR FOREIGN LAWYER TO THE BAR IN TANZANIA.
Together with section 8, Section 39 of the Advocates Act provides that upon application to the Chief Justice and payment of the prescribed fees a foreigner who is who has in force a practicing certificate from any of the commonwealth country may be temporally admitted to enable him to appear on a particular case
Presently, the Law School of Tanzania offers a one-year practical legal training programme, which is compulsory for any law graduate aspiring to be enrolled as an advocate of the High Court of Tanzania. The programme is divided into two semesters. The First Semester covers classroom instruction for up to twelve weeks while the Second Semester involves a period of clinical law (field placement) followed by final written and oral examinations. Successful candidates are awarded the Post-Graduate Diploma in Legal Practice http://www.ealawsociety.org/Joomla/index.php?option=com_content&task=view&id=48&Itemid=94.
Currently the Roll of Advocates in Tanzania stands at 1188 as of 15th December 2009 http://www.tls.or.tz/otherpages/rolls.asp.
The Tanganyika Law Society is the Bar association of Tanzania Mainland (TLS) , founded in 1954 by an Act of Parliament - the Tanganyika Law Society Ordinance, Chapter 344 of the Laws. The Tanganyika Law Society is currently governed by the Tanganyika Law Society Act, Cap 307 R.E. 2002, which repealed the earlier legislation...read more
Section 7 (1) of the TLS Act provides that every advocate who has in force a practising certificate shall without election, admission
or appointment, become a member of the Society from the date on which the practising certificate is issued to him and be subject to any provision of the law for the time being affecting
that member. Pursuant to Section 8 of the Act, the following can on application be admitted as members to the TLS:
( 1) Any of the following persons who applies for membership of the Society in the prescribed
manner shall be admitted as a member of the Society, that is to say–
( a) t he Attorney-General, Parliamentary Draftsman and State Attorneys, for the time being
resident in Tanzania, and any person duly qualified holding office in the
Attorney-General's Department;
( b) a ny person duly qualified holding office in a local government authority;
( c) the Registrar-General, Administrator-General, Public Trustee, Official Receiver, Land
Officer and any person duly qualified holding office in the department of the
Registrar-General, Administrator-General, Official Receiver or the Land Office;
( e) a ny other legally qualified person, for the time being resident in the Tanzania, as may
from time to time be determined by special resolution.
PROFSSIONAL CONDUCT (ETHICS) OF ADVOCATES IN TANZANIA
As it is for other professional groups, advocates also need Rules of Conduct (ethics) as guidance in performing their profession.
Generally, codes of ethics fro different professionals are designed to prevent unethical behaviour and can hold such officers accountable for their individual actions. In Tanzania, advocates ethics and conducts are governed by “The Rules of Professional Conduct and Etiquette for advocates” (the Rules). These Rules are therefore, a collection of regulations controlling their conduct and ethics in performing their legal profession.
According to the anatomy of the Rules, they provide guidelines covering mainly for the following areas;
1. Relationship among advocates.
2. Relationship between advocates on one hand and courts on the other.
3. Relationship between advocates on one side and clients on the other.
4. Requirements in the daily routine of advocates and their offices.
5. Prohibitions against advocates.
A conduct by an advocate is not solely governed by THE RULES OF PROFESSIONAL CONDUCT AND ETIQUETTES. There are other machineries which control and instruct on their conduct. These machineries may be categorised as follows;
Statutory Control;
These are acts or legislative instruments which in a way or other touch the conducts of the advocates’ professions, they must thus observe these pieces of legislation. Those mechanisms include;
a) The Advocates Act, and subsidiary legislations made under it. These subsidiary legislations include;
• The Advocates' Act (Application of Section 3 to the Tanzania Legal Corporation) Order
• The Advocates (Admission and Practising Certificate) Regulations.
• The Advocates (Accounts) Regulations.
• The Advocates (Professional Requirements) Regulations.
• The Advocates (Disciplinary and Other Proceedings) Rules.
• The Advocates' Remuneration and Taxation of Costs Rules
b) The Notaries Public and Commissioners for Oaths Act Cap 12 R.E 2002, this is An Act relating to Notaries Public and Commissioners for Oaths. Indeed, advocates are notaries public.
c) The Legal Aid (Criminal Proceedings) Act, according to its short title, this is an Act to provide for the rendering of free legal aid in criminal proceedings involving indigent persons.
d) The Tanganyika Law Society Act, this is An Act to establish the Tanganyika Law Society and to provide for other related matters.
International Influence;
Lawyers in Tanzania have their contacts and associations internationally, this thus assists them to tape other jurisdictions’ practice so as to enhance their ethics, for example, they are members of the East African Lawyers Society and the Bar Association of Commonwealth http://www.perfspot.com/blogs/blog.asp?BlogId=51698.
http://www.perfspot.com/blogs/blog.asp?BlogId=51698.
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
used in several different legal systems. These include Scotland
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
, South Africa, India, Scandinavian jurisdictions, Israel
Israeli law
Israeli law is a mixed legal system reflecting the diverse history of the territory of the State of Israel throughout the last hundred years , as well as the legal systems of its major religious communities...
, and the British Crown dependencies of Jersey
Law of Jersey
The Law of Jersey has been influenced by several different legal traditions, in particular Norman customary law, English common law and modern French civil law. The Bailiwick of Jersey is a separate jurisdiction from that of the United Kingdom, and is also distinct from that of the other Channel...
, Guernsey and the Isle of Man
Manx law
The legal system on the Isle of Man is Manx customary law, a form of common law. Manx law originally derived from Gaelic Brehon law and Norse Udal law...
. The broad equivalent in many English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
-based jurisdictions is "barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
".
Faculty of Advocates
Advocates are regulated by the Faculty of Advocates
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary...
in Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
. The Faculty of Advocates has about 750 members, of whom about 460 are in private practice. About 75 are Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
. The Faculty is headed by the Dean
Dean (education)
In academic administration, a dean is a person with significant authority over a specific academic unit, or over a specific area of concern, or both...
of the Faculty who, along with the Vice-Dean, Treasurer
Treasurer
A treasurer is the person responsible for running the treasury of an organization. The adjective for a treasurer is normally "tresorial". The adjective "treasurial" normally means pertaining to a treasury, rather than the treasurer.-Government:...
, Clerk
Court clerk
A court clerk is an officer of the court whose responsibilities include maintaining the records of a court. Another duty is to administer oaths to witnesses, jurors, and grand jurors...
are elected annually by secret ballot
Secret ballot
The secret ballot is a voting method in which a voter's choices in an election or a referendum are anonymous. The key aim is to ensure the voter records a sincere choice by forestalling attempts to influence the voter by intimidation or bribery. The system is one means of achieving the goal of...
.
The Faculty has a service company, Faculty Services Ltd, to which almost all advocates belong, that organises the stables 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
Law Society of Scotland
The Law Society of Scotland is the professional governing body for Scottish solicitors.It promotes excellence among solicitors through representation, support and regulation of its members. It also promotes the interests of the public in relation to the profession...
, which is the professional body for Scottish solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
s, as to the payment of fees, but this has now been abrogated by the Law Society. It remains the case that advocates are not permitted to sue
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
for their fees, as they have no contractual relationship with their instructing solicitor or with the client http://www.privy-council.org.uk/files/other/husbands-final.rtf. Their fees are honoraria
Honorarium
An honorarium is an ex gratia payment made to a person for their services in a volunteer capacity or for services for which fees are not traditionally required. This is used by groups such as schools or sporting clubs to pay coaches for their costs...
.
Advocates wear wigs, white bow-ties (or falls in the case of senior counsel), straps and gowns as dress in court.
Becoming an advocate
The process of becoming an advocate is referred to as devillingDevilling
Devilling is the period of training, pupillage or junior work undertaken by a person wishing to become an advocate in one of the legal systems of the United Kingdom or Ireland.-Scotland:...
. All Intrants will hold an LL.B. (Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
) and the Diploma in Legal Practice
Diploma in Legal Practice
The Diploma in Legal Practice is a Scottish postgraduate qualification required in order to practise law in Scotland, as either a solicitor or an advocate...
qualifying them as solicitors or be members of the Bar
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
in another common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
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 devilmaster 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 to be competent, they will not be admitted to the Faculty. Further details of this process can be found in the assessment section.Recent developments
In recent years, more advocates have come to the Scottish Bar after some time as solicitors, but it is possible to qualify with a law degree, after a year's 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 organised by the British Council
British Council
The British Council is a United Kingdom-based organisation specialising in international educational and cultural opportunities. It is registered as a charity both in England and Wales, and in Scotland...
. 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 EU states (but not 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.
Advocates in the Channel Islands
The legal professions of JerseyLaw of Jersey
The Law of Jersey has been influenced by several different legal traditions, in particular Norman customary law, English common law and modern French civil law. The Bailiwick of Jersey is a separate jurisdiction from that of the United Kingdom, and is also distinct from that of the other Channel...
and Guernsey
Guernsey
Guernsey, officially the Bailiwick of Guernsey is a British Crown dependency in the English Channel off the coast of Normandy.The Bailiwick, as a governing entity, embraces not only all 10 parishes on the Island of Guernsey, but also the islands of Herm, Jethou, Burhou, and Lihou and their islet...
are separate. 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 qualify 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 a law office dealing with Jersey law, enroll 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
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
or solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
, or a French avocat. They must then study for the Guernsey Bar. Three months of study of Norman
Normans
The Normans were the people who gave their name to Normandy, a region in northern France. They were descended from Norse Viking conquerors of the territory and the native population of Frankish and Gallo-Roman stock...
law at the Université de Caen is required; this is no longer the case in Jersey.
Guernsey Advocates dress in the same way as barristers, but substitute a black biretta
Biretta
The biretta is a square cap with three or four peaks or horns, sometimes surmounted by a tuft. Traditionally the three peaked biretta is worn by Roman Catholic clergy and some Anglican and Lutheran clergy. The four peaked biretta is worn as academic dress by those holding a doctoral degree from a...
-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.
Advocates in the Isle of Man
Advocates are the only lawyers with rights of audience in the courts of the Isle of ManIsle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
. An Advocate's role is to give advice 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) honours, or else a degree in another subject with no less than lower second class (2:2) honours complemented by the Common Professional Examination
Common Professional Examination
The Common Professional Examination is a postgraduate law course in England and Wales that is taken by non-law graduates wishing to become either a solicitor or barrister in England and Wales...
. It is then necessary to obtain a legal professional qualification such as the Bar Professional Training Course
Bar Professional Training Course
The Bar Professional Training Course is a graduate course that is completed by those wishing to be called to the Bar, i.e. to practise as a barrister in England and Wales...
or the Legal Practice Course
Legal Practice Course
The Legal Practice Course also known as the Postgraduate Diploma in Legal Practiceis the vocational stage for becoming a solicitor in England and Wales. The course is the successor to Law Society Finals and is more vocational in its syllabus. The LPC can be taken in many different formats including...
. It is not, however, necessary actually to be admitted as an English barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
or solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
to train as an Advocate.
Trainee Advocates (as Articled Clerks
Articled clerk
An articled clerk, also known as an articling student, is an apprentice in a professional firm in Commonwealth countries. Generally the term arises in the accountancy profession and in the legal profession. The articled clerk signs a contract, known as "articles of clerkship", committing to a...
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 practising or admitted for three years this training period is reduced to one year. Foreign lawyers who have been registered as legal practitioners in the Isle of Man for a certain period of 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
Isle of Man Law Society
The Isle of Man Law Society is the professional body in respect of the advocates' profession in the Isle of Man.The Society is the longest established professional body in the Isle of Man, formed by the Law Society Act 1859 passed by Tynwald while the island's capital was still at Castletown...
, which also maintains a library for its members in Douglas
Douglas, Isle of Man
right|thumb|250px|Douglas Promenade, which runs nearly the entire length of beachfront in Douglasright|thumb|250px|Sea terminal in DouglasDouglas is the capital and largest town of the Isle of Man, with a population of 26,218 people . It is located at the mouth of the River Douglas, and a sweeping...
. 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.
Advocates in Scandinavia (Denmark, Norway and Sweden) and Finland
The Scandinavian countries and Finland 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, and in addition 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, in all the Scandinavian languages: advokatAdvokat
Advokat is the title reserved exclusively for lawyers who are duly authorized to practice law in the Scandinavian countries - Denmark, Norway, Sweden and in the Baltic countries - Estonia, Latvia and Lithuania....
. In Finland advokat is the Swedish
Swedish language
Swedish is a North Germanic language, spoken by approximately 10 million people, predominantly in Sweden and parts of Finland, especially along its coast and on the Åland islands. It is largely mutually intelligible with Norwegian and Danish...
title for such a qualified lawyer (the equivalent title in Finnish
Finnish language
Finnish is the language spoken by the majority of the population in Finland Primarily for use by restaurant menus and by ethnic Finns outside Finland. It is one of the two official languages of Finland and an official minority language in Sweden. In Sweden, both standard Finnish and Meänkieli, a...
being asianajaja). However, one does not necessarily have to be an advocate to practice law. In Sweden, for example, any adult can practice law and represent a party in court without any prior approval, training, licence or advocate title.
In English, the Scandinavian title of advokat is interchangeably also translated as barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
, lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
or attorney-at-law.
Advocates in England and Wales
In EnglandEngland
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
Advocates and Proctors practiced civil law in the admiralty and ecclesiastical courts in a similar way to Barristers and Attorneys or 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 Oxford or Cambridge and Fellows of the Society of Doctors' Commons
Doctors' Commons
Doctors' Commons, also called the College of Civilians, was a society of lawyers practising civil law in London. Like the Inns of Court of the common lawyers, the society had buildings with rooms where its members lived and worked, and a large library...
.
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 was never formally wound up, but their 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 Advocate
Solicitor Advocate
Solicitor advocate is the title used by a solicitor who is qualified to represent clients as an advocate in the higher courts in England and Wales or in Scotland.-Origin:...
s have also been allowed to play this role.
Advocates in India
In India, the law relating to the Advocates is the Advocates Act, 1961 introduced and thought up by Ashoke Kumar SenAshoke Kumar Sen
Ashoke Kumar Sen was an Indian barrister, a former Cabinet minister of India, and an Indian parliamentarian....
, 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. For this purpose, the Bar Council of India is authorized to pass regulations and make orders in individual cases and also generally.
Each State has a Bar Council of its own whose function is to enroll the Advocates willing to practice predominately 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 with he is enrolled in.
The advantage with having the State Bar Councils is that the work load 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 for being entitled to practice in India is twofold. First, the applicant must be a holder of a law degree from a recognized 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 are 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 recognized as an Advocate and is required to maintain a standards 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 the Advocates in the courts, while interacting with clients and even otherwise.
All Advocates in India are at the same level and are recognized 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 specialization in an area of law, there is a concept of conferral of Senior Advocate status. An Advocate may be recognized 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 onwards a mandatory rule is made for lawyers passing out from the year 2009-10 to sit for a evaluation test named AIBE ( All India Bar Exam ) for one to qualify as an advocate and practice in the courts
Further, under the Constitutional structure, there is a provision for elevation of Advocates as judges of High Courts and Supreme Court. The only requirement is the Advocate must have a 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)
Advocate
The first level is the Advocate, who is eligible to practice in the district courtDistrict court
District courts are a category of courts which exists in several nations. These include:-Australia:District Court is the name given to the intermediate court in most Australian States. They hear indictable criminal offences excluding treason, murder and, in some States, manslaughter...
s or lower courts in respective province. One can qualify as an Advocate after completion of a law degree (LL.B of three years),one year pupillage/apprenticeship under a senior Advocate in his/her chambers and thereafter to go for Bar admission test,the Bar Council of the relevant province examine him/her that he is fit or not to become as an Advocate and is not convicted. After passing the multiple choice question examination and interview conducted by provincial Bar Council, the Bar Council will issue him/her the licence for appearing before the Courts.
Advocate High Court
Advocate High Court is the second level, and is eligible to practice in the High Courts of Pakistan and below. 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.Advocate Supreme Court
Advocate Supreme Court is the third level. After successful completion of ten years of practice in the High Courts by applicant,the panel of members of Pakistan Bar CouncilPakistan Bar Council
Pakistan Bar Council was established by the Parliament in 1973 under the Legal Practitioners and Bar Councils Act. It is the highest elected body of lawyers. it has twenty members elected throughout the country representing each province. The Members of the Pakistan Bar Council are elected on the...
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.
Senior Advocate of Supreme Court of Pakistan
The highest level is the Senior Advocate Supreme Court. It is Pakistan's title equivalent to Queen's CounselQueen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
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
Attorney General of Pakistan
The Attorney General for Pakistan is appointed under Article 100 of the constitution of the Islamic Republic of Pakistan and the Deputy Attorney General of Pakistan appointed under the Central Law Officers Ordinance, 1970...
are usually invited by the Supreme Court on 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.
Advocates in South Africa
In South AfricaSouth Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
, there are two main branches of legal practitioner: attorneys, who do legal work of all kinds, and advocates, who are specialists; see split profession. Advocates (also called 'counsel') are 'briefed' by attorneys when a specialist skill in court based litigation, or in research into the law is required; advocates have no direct contact with clients, and are said to be in a 'referral' profession. 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.
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
Pupillage
A pupillage, in England and Wales, Northern Ireland and Ireland, is the barrister's equivalent of the training contract that a solicitor undertakes...
) for one year with a practicing Advocate, and to sit an admission examination. 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
President of South Africa
The President of the Republic of South Africa is the head of state and head of government under South Africa's Constitution. From 1961 to 1994, the head of state was called the State President....
as a Senior Counsel
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
(SC; also referred to as a "silk"). See Legal education in South Africa.
Advocates in Sri Lanka
In Sri LankaSri Lanka
Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka is a country off the southern coast of the Indian subcontinent. Known until 1972 as Ceylon , Sri Lanka is an island surrounded by the Indian Ocean, the Gulf of Mannar and the Palk Strait, and lies in the vicinity of India and the...
(formally Ceylon) till 1973 Advocate was a practitioner in a court of law
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
who is legally qualified to prosecute
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
and defend actions in such court on the retainer
Retainer agreement
A retainer agreement is a work for hire contract. It falls between a one-time contract and full-time employment. Its distinguishing feature is that the employer pays in advance for work to be specified later...
of clients. Advocates had to pass the HSC exam and enter the Sri Lanka Law College and follow the relevant course. Following changers in 1973 the title was replaced with Attorney at law
Attorney at law (Sri Lanka)
Attorneys at law form a legal profession in Sri Lanka. Attorneys at law are the only individuals authorized to represent others in all courts of law and are also authorized to give advice regarding any matter of law. There were two groups of legal practitioners in Sri Lanka before 1974 as advocates...
. The current equivalent to an advocate is a counsel
Counsel
A counsel or a counselor gives advice, more particularly in legal matters.-U.K. and Ireland:The legal system in England uses the term counsel as an approximate synonym for a barrister-at-law, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers...
who is a trial lawyer distinguished from an instructing attorney.
Advocates in Tanzania
The law regulating the Advocates profession in Tanzania is not clearly defined and it is difficult to say to what extent the English law applies, because the Advocates ordinance is not exhaustive. However, a close look at the Tanzania Advocates Ordinance indicates that it
has borrowed quite extensively from the Kenya Advocates Ordinance of 1949, and the Legal Practitioners Ordinance of Nigeria. All these Acts have a common ancestry, the English Solicitors Remuneration Acts of 1870 and 1881, and the Solicitors Act of 1932.
The law governing advocates in Tanzania is of the kind which would be applicable to solicitors in England http://docs.google.com/viewer?a=v&q=cache:6b8P2-htiQ8J:www.tzonline.org/pdf/thetortofnegligence.pdf+PROFESSIONAL+OF+ADVOCATES+IN+TANZANIA&hl=en&gl=tz&pid=bl&srcid=ADGEESjDEmSu5FntJqDZhYPPlo9XaARg1qNPi5wuSOz2Qr1B7UVm9EFApOsymlg-Hvcpemh9VmBt_Yrt9IDybvcTx7Op9JwJIowdb608xFiXetm7M9PC2smNTKoiIji7pDl28RV7r1mn&sig=AHIEtbRUDFensFibFrK1FUL4pycTq_ERew
To become an advocate in the mainland Tanzania you must be 'admitted' to the Roll of Advocates, a statutory register kept by the Registrar of the High Court.The law governing the whole process of admission to the bar in Tanzania is the ADVOCATES Act Cap 341 R.E 2002 of the Laws of Tanzania (this Law does not apply in Tanzania Zanzibar where there is a separate legal system and independent Bar Association for Zanzibar). Before establishment of the Law School of Tanzania in 2007 The Law School of Tanzania (the School) was established by the Law School of Tanzania Act 2007 (the Act) that came into force on 2nd May 2007 http://lst.ac.tz/about_us/establishment.php to become an advocate in Tanzania, a person must be a holder of a degree in law (s.8 (a)(i) of the Advocates Act). A person must have completed four months of internship conducted by the ministry of justice and constitutional affairs, (but the system has changed following establishment of the Law School.Presently, the Law School of Tanzania offers a one-year practical legal training programme, which is compulsory for any law graduate aspiring to be enrolled as an advocate of the High Court of Tanzania. The programme is divided into two semesters. The First Semester covers classroom instruction for up to twelve weeks while the Second Semester involves a period of clinical law (field placement) followed by final written and oral examinations. Successful candidates are awarded the Post-Graduate Diploma in Legal Practice).
).
Applications for admission to the bar are usually made to the chief justice by way of petition. (S.8 (2)). The petition is usually accompanied by certificate of good character, certificate of pupilage, and certificates for Secondary School (O- Level and A- Level) and University Certificates of LLB Degree which is mandatory and any other postgraduate certificates including that of Law School of Tanzania for those who completed their degrees after the start of the law School program, The certificate of Good Character is drafted in the favour of the petitioner by any admitted member of the bar who knows the petitioner and certifies his or her good character. Certificate of pupilage is drafted by the law firm or office to which the petitioner did his/her pupilage.
Applications are usually made in a specified form accompanied by fees. (S.8 (2)). (Though fees is usually paid upon actual admission) Applicant shall be notified to appear before the council for legal education for examination. This usually takes a minimum of one year from the date filing the petition.
Chief justice may if he thinks fit admit the applicant as an advocate (s.8 (3)). The Chief Justice exercises this discretionary power after the applicant has satisfied the council of legal education that he or she has sufficient knowledge of laws of the country. Each successful petitioner is called before the Chief Justice who interviews the petitioner on his personal history.
Each certificate of admission issued by the chief justice shall be endorsed "the certificate itself is not a license to practice an advocate”
The registrar upon production of an admission certificate signed by the chief justice and on payment of the prescribed fee to the registrar, the registrar shall enter on the roll the name of the person so admitted Presently, the Law School of Tanzania offers a one-year practical legal training programme, which is compulsory for any law graduate aspiring to be enrolled as an advocate of the High Court of Tanzania. The programme is divided into two semesters. The First Semester covers classroom instruction for up to twelve weeks while the Second Semester involves a period of clinical law (field placement) followed by final written and oral examinations. Successful candidates are awarded the Post-Graduate Diploma in Legal Practice.
.
ADMISSION FOR FOREIGN LAWYER TO THE BAR IN TANZANIA.
Together with section 8, Section 39 of the Advocates Act provides that upon application to the Chief Justice and payment of the prescribed fees a foreigner who is who has in force a practicing certificate from any of the commonwealth country may be temporally admitted to enable him to appear on a particular case
Presently, the Law School of Tanzania offers a one-year practical legal training programme, which is compulsory for any law graduate aspiring to be enrolled as an advocate of the High Court of Tanzania. The programme is divided into two semesters. The First Semester covers classroom instruction for up to twelve weeks while the Second Semester involves a period of clinical law (field placement) followed by final written and oral examinations. Successful candidates are awarded the Post-Graduate Diploma in Legal Practice http://www.ealawsociety.org/Joomla/index.php?option=com_content&task=view&id=48&Itemid=94.
Currently the Roll of Advocates in Tanzania stands at 1188 as of 15th December 2009 http://www.tls.or.tz/otherpages/rolls.asp.
The Tanganyika Law Society is the Bar association of Tanzania Mainland (TLS) , founded in 1954 by an Act of Parliament - the Tanganyika Law Society Ordinance, Chapter 344 of the Laws. The Tanganyika Law Society is currently governed by the Tanganyika Law Society Act, Cap 307 R.E. 2002, which repealed the earlier legislation...read more
Section 7 (1) of the TLS Act provides that every advocate who has in force a practising certificate shall without election, admission
or appointment, become a member of the Society from the date on which the practising certificate is issued to him and be subject to any provision of the law for the time being affecting
that member. Pursuant to Section 8 of the Act, the following can on application be admitted as members to the TLS:
( 1) Any of the following persons who applies for membership of the Society in the prescribed
manner shall be admitted as a member of the Society, that is to say–
( a) t he Attorney-General, Parliamentary Draftsman and State Attorneys, for the time being
resident in Tanzania, and any person duly qualified holding office in the
Attorney-General's Department;
( b) a ny person duly qualified holding office in a local government authority;
( c) the Registrar-General, Administrator-General, Public Trustee, Official Receiver, Land
Officer and any person duly qualified holding office in the department of the
Registrar-General, Administrator-General, Official Receiver or the Land Office;
( e) a ny other legally qualified person, for the time being resident in the Tanzania, as may
from time to time be determined by special resolution.
PROFSSIONAL CONDUCT (ETHICS) OF ADVOCATES IN TANZANIA
As it is for other professional groups, advocates also need Rules of Conduct (ethics) as guidance in performing their profession.
Generally, codes of ethics fro different professionals are designed to prevent unethical behaviour and can hold such officers accountable for their individual actions. In Tanzania, advocates ethics and conducts are governed by “The Rules of Professional Conduct and Etiquette for advocates” (the Rules). These Rules are therefore, a collection of regulations controlling their conduct and ethics in performing their legal profession.
According to the anatomy of the Rules, they provide guidelines covering mainly for the following areas;
1. Relationship among advocates.
2. Relationship between advocates on one hand and courts on the other.
3. Relationship between advocates on one side and clients on the other.
4. Requirements in the daily routine of advocates and their offices.
5. Prohibitions against advocates.
A conduct by an advocate is not solely governed by THE RULES OF PROFESSIONAL CONDUCT AND ETIQUETTES. There are other machineries which control and instruct on their conduct. These machineries may be categorised as follows;
Statutory Control;
These are acts or legislative instruments which in a way or other touch the conducts of the advocates’ professions, they must thus observe these pieces of legislation. Those mechanisms include;
a) The Advocates Act, and subsidiary legislations made under it. These subsidiary legislations include;
• The Advocates' Act (Application of Section 3 to the Tanzania Legal Corporation) Order
• The Advocates (Admission and Practising Certificate) Regulations.
• The Advocates (Accounts) Regulations.
• The Advocates (Professional Requirements) Regulations.
• The Advocates (Disciplinary and Other Proceedings) Rules.
• The Advocates' Remuneration and Taxation of Costs Rules
b) The Notaries Public and Commissioners for Oaths Act Cap 12 R.E 2002, this is An Act relating to Notaries Public and Commissioners for Oaths. Indeed, advocates are notaries public.
c) The Legal Aid (Criminal Proceedings) Act, according to its short title, this is an Act to provide for the rendering of free legal aid in criminal proceedings involving indigent persons.
d) The Tanganyika Law Society Act, this is An Act to establish the Tanganyika Law Society and to provide for other related matters.
International Influence;
Lawyers in Tanzania have their contacts and associations internationally, this thus assists them to tape other jurisdictions’ practice so as to enhance their ethics, for example, they are members of the East African Lawyers Society and the Bar Association of Commonwealth http://www.perfspot.com/blogs/blog.asp?BlogId=51698.
http://www.perfspot.com/blogs/blog.asp?BlogId=51698.
See also
- AdvokatAdvokatAdvokat is the title reserved exclusively for lawyers who are duly authorized to practice law in the Scandinavian countries - Denmark, Norway, Sweden and in the Baltic countries - Estonia, Latvia and Lithuania....
- AdvocatusAdvocatusAn advocatus, or advocate, was generally a medieval term meaning "lawyer". The term was also used in continental Europe as the title of the lay lord charged with the protection and representation in secular matters of an abbey, known more fully as an advocatus ecclesiae.-Middle Ages:The office is...
- BarristerBarristerA barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
- LawspeakerLawspeakerA lawspeaker is a unique Scandinavian legal office. It has its basis in a common Germanic oral tradition, where wise men were asked to recite the law, but it was only in Scandinavia that the function evolved into an office...
- JuristJuristA jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
- OmbudsmanOmbudsmanAn ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...
- SolicitorSolicitorSolicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
- Solicitor-Advocate
- Advocate GeneralAdvocate GeneralAn Advocate General is a senior law officer of a country or other jurisdiction, usually charged with advising the courts or Government on legal matters.-India:In India, an Advocate General is a legal adviser to a state government...