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Law Dictionary Home Dictionary Definition advocate

Advocate, [Lat. Advocatus], a patron of a cause assisting his client with advice, and pleading for him. He is defined by Ulpian (Dig. 50, tit. 13) to be any person who aids another in the conduct of a suit or action. The term is at the present day confined to persons professionally conducting cases in Court, i.e., Barristers and Solicitors (q.v.). In the English Ecclesiastical and Admiralty Courts, until 1857, certain persons learned in the civil and canon law, called advocates, had the exclusive right of acting as counsel. They were members of a college situate at Doctor's Commons, incorporated by charter, June 22, 8 Geo. 3, under the title of 'The College of Doctors of Law exercent in the Ecclesiastical and Admiralty Courts,' and had, previously to their admission to that college, taken the degree of Doctor of Laws at an English university. The jurisdiction of the Ecclesiastical Courts in matters matrimonial and testamentary was in 1857 transferred to the Court for Divorce and Matrimonial Causes and the Court of Probate respectively. It is now vested in the High Court, see (English) Judicature Act, 1925, s. 21. In Scotland all counsel are called advocates. See ADVOCATES, FACULTY OF; and BARRISTER. Means a person whose name is entered on the roll of advocates prepared and maintained by a State Bar Council under the Advocates Act, 1961. [Supreme Court Rules, 1966, s. 2(1)(a)] Means an advocate entered in any roll under the provisions of this Act. [Advocates Act, 1961 (25 of 1961), s. 2 (a)] Means an advocate whose name has been entered in the State roll prepared and maintained by a State Bar Council under s. 17 of the Advocates Act, 1961 and who is a member of a State Bar Association or State Advocates' Association. [Advocates' Welfare Fund Act, 2001 (45 of 2001), S. 2(a)] It means an advocate who has been entered in such roll of advocates and whose name continues to be on that roll, Jethanand Betab v. Judges of Punjab High Court, AIR 1962 SC 742 (744): 1962 Supp (1) SCR 961. (Bar Councils Act, 1926, ss. 2 and 14) Means advocate entered in any roll under provisions of the Advocates Act, Ranbir Singh v. Registrar, High Court of Rajasthan, (1999) 1 SCC 331. Advocate, for the purposes of Advocates Act and the Rules framed thereunder the law officer (Public Prosecutor or Government Counsel) will continue to be an advocate, Ranbir Singh v. Registrar, High Court of Rajasthan, (1999) 1 SCC 331.

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