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Benjamin Franklin may have been a great innovator in science and politics, but on the subject of advocate, he was against change. In 1789, he wrote a letter to his compatriot Noah Webster complaining about a "new word": the verb advocate. Like others of his day, Franklin knew advocate primarily as a noun meaning "one who pleads the cause of another," and he urged Webster to condemn the verb's use. In truth, the verb wasn't as new as Franklin assumed (it dates back to at least the early 16th century), though it was apparently surging in popularity in his day. Webster evidently did not heed Franklin's plea: his famous 1828 dictionary, An American Dictionary of the English Language, entered both the noun and the verb senses of advocate.

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 was sold off in 1865 and the last advocate died in 1912.

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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 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 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 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'.

Advocates are 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 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 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.

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.[7] Thereafter, a candidate must undertake two years of practical experience in a law office dealing with Jersey law, enrol on the Jersey Law Course provided by the Institute of Law, Jersey[8] 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 Universit de Caen (University of Caen) is required; this is no longer required for entry into the legal profession in Jersey.

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 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 a period of at least three years, called the stage. During this time, the advocate is referred to as an advocaat-stagiair(e).

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 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.

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.[15] The exam is both written and oral, but the main test 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 the qualification exam can try to pass it again after 1 year only.[16] The qualifications commission is composed of seven Advocates, two judges, two representatives of the regional legislature, and two representatives of the Ministry of Justice.[17]

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 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 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, 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 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 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.[18]

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 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 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 the right to be an Advocate.[19] 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 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.[20] In other cases, ex-Advocate can go back to being an Advocate on general grounds through a passing the qualification exam, on condition that the reasons for termination of advocate's status have ceased to exist. e24fc04721