Advocate

An assistant; adviser; a pleader of causes. Derived from advocare, to summon to one's assistance. Advocatus originally signified an assistant or helper of any kind, even an accomplice in the commission of a crime. Cicero, pro Caecina, c.

8; Livy, lib. ii. 55; iii. 47; Tertullian de Idolatr. c. 23; Petron.

Satyric, c.

25.

Secondarily, it was applied to one called in to assist a party in the conduct of a suit.

Inst. 1. 11; Dig. 50. 13.

Hence, a pleader, which is its present signification. In Civil and Ecclesiastical Law. An officer of the court, learned in the law, who is engaged by a suitor to maintain or defend his cause. Advocates, like counsellors, have the exclusive privilege of addressing the court either orally or in written pleadings; and, in general, in regard to duties, liabilities, and privileges, the same rules apply mutatis mutandis to advocates as to counsellors. See "Counsellor." Lord advocate was an officer in Scotland appointed by the crown, during pleasure, to take care of the king's interest before the courts of session, judiciary, and exchequer. All actions that concern the king's interest, civil or criminal, must be carried on with concourse of the lord advocate. He also discharges the duties of public prosecutor, either in person or by one of his four deputies, who are called advocates depute. Indictments for crimes must be in his name as accuser. He supervises the proceedings in important criminal cases, and has the right to appear in all such cases. He is, in fact, secretary of state for Scotland, and the principal duties are connected directly with the administration of the government. Inferior courts have a procurator fiscal, who supplies before them the place of the lord advocate in criminal cases.

See 2 Bankt. Inst. 492.

College or faculty of advocates was a corporate body in Scotland, consisting of the members of the bar in Edinburgh. A large portion of its members are not active practitioners, however.

2 Bankt. Inst. 486.

Church or ecclesiastical advocates were pleaders appointed by the church to maintain its rights. In Ecclesiastical Law. A patron of a living; one who has the advowson.