ADVOCATE - Black's Law Dictionary

What is ADVOCATE? Definition of ADVOCATE in Black's Law Dictionary


To speak in favor of; defend by argument. Ex parte Bernat, D.C.Wash., 255 F. 429, 432. To support, vindicate, or recommend publicly. Butash v. State, 212 Ind. 492, 9 N.E.2d 88, 90. Not for an educational purpose, but to disseminate controversial "propaganda," which means plan for publication of doctrine or system of principles. Leubuscher v. Commissioner of In- ternal Revenue, C.C.A., 54 fil.2d 998, 999.


One who assists, defends, or pleads for another; one who renders legal advice and aid and pleads the cause of another before a court or a tribunal, a counselor. Haverty Furni- ture Co. v. Foust, 174 Tenn. 203, 124 S.W.2d 694, 697.

A person learned in the law, and duly admitted to practice, who assists his client with advice, and pleads for him in open court. Holthouse.

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 Ccecina, c. 8; Livy, lib. ii. 55; 47; Tertul- lian, De Idolatr. cap. xxiii. ; Petron. Satyric. cap. xv. Secondarily, it was applied to one called in to assist a party in the conduct of a suit; Inst. 1, 11, D, 50, 13. de extr. cogn. Hence, a pleader, which is its present signifi- cation.

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.


—Advocate general. The adviser of the crown in England on questions of naval and military law.

—Lord Advocate. The  principal  crown  lawyer in Scotland, and one of the great officers of state of Scotland. It is his duty to act as public prose- cutor; but private individuals injured may prose- cute upon obtaining his concurrence. He is as- sisted by a solicitor general and four junior coun- sel, termed "advocates-depute." He has the pow- er of appearing as public prosecutor in any court in Scotland, where any person can be tried for an offense, or in any action where the crown is in- terested. Wharton.

—Queen's advocate. A member of the College of Advocates, appointed by letters patent, whose of- fice is to advise and act as counsel for the crown in questions of civil, canon, and international law. His rank is next after the solicitor general.

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