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.