The Concept of Bar and Fundamental Principles of an Advocate’s activity in Roman Law

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Abstract

In Roman civil procedure legal representatives (cognitores, procuratores) functioned together with their different assistants (advocati, patroni, oratores) who had the right to participate in the procedure together with the party and not instead of it. This article aims to show the peculiarities of the legal status of advocates, patrons, rhetoricians and other assistants of the litigants in civil procedure, the concept of a bar, as a professional corporation, presumption of its origin and mission in ancient Rome, origins of state guaranteed legal aid and the institute of obligatory participation of the advocate in the procedure, the conditions of the agreement between the advocate and the client (mandatum), the peculiarities of the advocate’s fees for legal services, the responsibility of the advocate for improper execution of duties and other issues.
Original languageEnglish
Pages (from-to)299-312
JournalJurisprudencija: mokslo darbai
Issue number3
Publication statusPublished - 2009

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assistant
Law
legal aid
legal procedure
legal status
fee
corporation
responsibility
participation

Keywords

  • Roman law
  • Civil procedure
  • Advocates
  • Commission agreement

Cite this

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title = "The Concept of Bar and Fundamental Principles of an Advocate’s activity in Roman Law",
abstract = "In Roman civil procedure legal representatives (cognitores, procuratores) functioned together with their different assistants (advocati, patroni, oratores) who had the right to participate in the procedure together with the party and not instead of it. This article aims to show the peculiarities of the legal status of advocates, patrons, rhetoricians and other assistants of the litigants in civil procedure, the concept of a bar, as a professional corporation, presumption of its origin and mission in ancient Rome, origins of state guaranteed legal aid and the institute of obligatory participation of the advocate in the procedure, the conditions of the agreement between the advocate and the client (mandatum), the peculiarities of the advocate’s fees for legal services, the responsibility of the advocate for improper execution of duties and other issues.",
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author = "Marius Jonaitis and Inga Zaleniene",
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journal = "Jurisprudencija: mokslo darbai",
issn = "1392-6195",
publisher = "Mykolas Romeris University",
number = "3",

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AB - In Roman civil procedure legal representatives (cognitores, procuratores) functioned together with their different assistants (advocati, patroni, oratores) who had the right to participate in the procedure together with the party and not instead of it. This article aims to show the peculiarities of the legal status of advocates, patrons, rhetoricians and other assistants of the litigants in civil procedure, the concept of a bar, as a professional corporation, presumption of its origin and mission in ancient Rome, origins of state guaranteed legal aid and the institute of obligatory participation of the advocate in the procedure, the conditions of the agreement between the advocate and the client (mandatum), the peculiarities of the advocate’s fees for legal services, the responsibility of the advocate for improper execution of duties and other issues.

KW - Roman law

KW - Civil procedure

KW - Advocates

KW - Commission agreement

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JO - Jurisprudencija: mokslo darbai

JF - Jurisprudencija: mokslo darbai

SN - 1392-6195

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ER -