| 释义 |
advocate advocate in Scotland, a general term for a BARRISTER, a member of the FACULTY OF ADVOCATES. (Note, however, that in Aberdeen solicitors call themselves advocates.) They have the exclusive right to repre- sent parties in the higher courts, subject since the passing of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 to the provi- sion that SOLICITOR ADVOCATES are 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 are generally similar to those of SOLICITORS, both doing the diploma in legal practice after their LLB degree, with the principal exceptions being (i) that the Roman law of obligations is compulsory for the bar and conveyancing is not, the situation in respect of solicitors being vice-versa; (ii) the aspiring advocate breaks off the period of traineeship in a solicitor's office and then spends a period of pupillage, assisting and learning16 affidavit /Image_027.png)
from his pupil master. The entrant has to be elected at the end of the process. The professional code of the advocate is similar to that of the bar- rister, 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 indepen- dent. They do arrange to have one clerk act for a number of advo- cates. 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 pro- vides them with general office services. |