AD VOCATI (Lat.). In Roman Law. Pa trons; pleaders; speakers.
Originally the management of euite at law was undertaken by the patrowus for his cliens as a mat ter of duty arising out of their reciprocal relation. Afterwards it became a profession, and the rela tion, though a peculiarly confidential one while it lasted, was but temporary, ending with the suit. The profession was governed by very stringent rules: a limited number only were enrolled and allowed to practise in the higher courts—one hun dred and fifty before the prcefectus prcetorio; Dig. 8, 11; Code 2, 7; fifty before the preef. aug. and dux ,?Egypticus at Alexandria ; Dig. 8, 13 ; etc., etc. The enrolled advocates were called advocati ordinarii. Those not enrolled were called adv. su pernumerarii or extraordinarii, and were allowed to practise in the inferior courts; Dig. 8, 13. From their ranks vacancies in the list of ordinarii were filled; Ibid. The ordinarii were either finales, who were appointed lfy the crown for the management of suits in which the imperial treasury was concerned, and who received a salary from the state ; or privati whose business was confined to private caus es. The advocati ordinarii were bound to lend their aid to every one applying to them, unless a just ground existed for a refusal; and they could be compelled to undertake the cause of a needy party ; 1. 7, c. 2, 6. The supernumerarii were not thus obliged, but, having once undertaken a cause, were bound to prosecute or defend it with diligence and fidelity.
The client must be defended against every per son, even the emperor, though the advocati finales could not undertake a cause against the fiscus with out a special permission ; 11. 1 et 2, C. 2, 9; unless such cause was their own, or that of their parents, children, or ward; 1. 10, pr. C. 11, D. 8, An advocate must have been at least seventeen years of age; 1. 1, § 3, D. 3, 1; ha must not be blind or deaf ; 1. 1, §§ 3 et 5, D. 3, 1; he must be of good repute, not convicted of an infamous act; 1. 1, § 8, 0. 3, 1 ; he could not be advocate and judge in the same cause; 1. 6,, pr. C. 2, 6; he could not even be a judge in a atilt In which be bad been engaged as advocate ; 1. 17, D. 2, 1; 1. 14, C. 1, 51; nor after being appointed judge could he practise as advocate even in another court; 1. 14, pr. C. 1, 51; nor could he be a witness in the cause in which he was acting as advocate ; 1. ult. D. 22, 5; 22 Gliick, Pand. p. 161, et seq.
He was bound to bestow the utmost care and at tention upon the cause, nihii atudi4, reliquentes quod aibi possibile eat; 1. 14, § 1, C. 3, 1. Ha was liable to his client for damages caused In any way by his fault; 6 Gltick, Pand. 110. If he had signed the concepit, be was responsible that it contained no matter punishable or improper ; Boehmer, Cons. et Decis. t. ii. p. 1, reap. cviii. no. 6. He must clearly and correctly explain the law to his clients, and honestly warn them against transgression or neg lect thereof. He must frankly inform them of the lawfulness or unlawfulness of their cause of action, and must be especially careful not to undertake a cause clearly unjust, or to let himself be used as an instrument of chicanery, malice, or other un lawful action; 1. 6, §§ 3, 4, C. 2, 6; 1. 13, § 9; 1.
14, § 1, C. 3, 1. In pleading, be must abstain from invectives against the judge, the opposite party or his advocate ; 1. 6, § 1, C. 2, 6. Should it become necessary or advMatageous to mention unpleasant truths, this must be done with the utmost forbear ance, and in the most moderate language ; 5 Gluck, Pend. 111. Conscientious honesty forbade his be traying secrete confided to him by his client or making any improper use of them; he should ob serve inviolable secrecy in respect to them ; ibid.; ha could not, therefore, be compelled to testify in regard to such secrets ; 1. ult. D. 22, 6.
If he violated the above duties, he was liable, in addition to compensation for the damage thereby caused, to fine, or imprisonment, or suspension, or entire removal from practice, or to still severer punishment, particularly where he had been guilty of a prcevaricatio, or betrayal of his trust for the benefit of the opposite party; 5 Gliick, Pand. 111. Compensation.—By the lex Cincia, A. U. C. 549, advocates were prohibited from receiving any re ward for their services. In course of time this be came obsolete. Claudius allowed it, and fixed ten thousand aesterces as the maximum fee. Trajan prohibited this fee, called honorarium, from being paid before the termination of the action. This, too, was disregarded, and prepayment had become law ful in the time of Justinian; 5 Gluck, Pend. U?. The fee was regulated by law, unless the advocate had made a special agreement with his client, when the agreement fixed the amount. But a pactum de quota Wisp i. e., an agreement to pay a contingent fee, was prohibited, under penalty of the advocate's forfeiting. his privilege of practising; 1. 5, C. 2, 6. A palmarium, or conditional fee in addition to the lawful charge and depending upon his gaining the cause, was also prohibited ; 5 Gluck, Pand. 120 et seq. But an agreement to pay a palmarium might be enforced when it was not entered into till after the conclusion of the suit; 1. 1, § 12, D. 50, 13. The compensation of the advocate might also be in the way of an annual salary ; 5 Gliick, Pand. 122.
Remedy.—The advocate had the right to retain papers and Instruments of his client until payment of his fee ; 1. 26, Dig. 3, 2. Should this fail, be could apply for redress to the court where the cause was tried by petition, a formal action being unnec essary; 6 Gluck, Pand. 122.
Anciently, any one who lent his aid to a friend, and who was supposed to be able in any way to in fluence a judge, was called advocatus.
Causidicu,s denoted a speaker, or pleader merely; advocatus resembled more nearly a counsellor; or, still more exactly, causidicus might be rendered barrister, and advocatue attorney, or solicitor, though the duties of an advocates were much more extended than those of a modern attorney; Du Cange; Calvinus, Lex.
A witness.