How did the roles of advocates and procurators develop in medieval Europe?

Created from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles.

Following the 12th-century revival of learning and the renewed study of Roman law, a structured legal profession emerged across continental Europe, characterized by the distinct roles of advocates and procurators.1

Roles and Development

  • Procurators: These practitioners were responsible for the formal and documentary aspects of litigation. They managed the procedural steps necessary to move a case forward.1
  • Advocates: Typically university graduates trained in Romanist learning, advocates provided direct legal advice to both clients and procurators. Their primary function was to present oral arguments before the court.1

While these roles were fundamental to the continental system, their relative importance fluctuated significantly across different regions and centuries. In some jurisdictions, one group might dominate or even absorb the functions of the other. Unlike the later English system, which eventually mandated that barristers be engaged through solicitors, the continental model generally allowed clients to employ advocates and procurators separately and directly.12

In England, a different path evolved through the Inns of Court, where the common law was developed by a specialized society, eventually leading to the distinct roles of barristers and solicitors.2