Saint Ivo: The Patron of Justice and the Forgotten Distinction Between Lawyers and Advocates

Each year on 19 May, the global legal community remembers Saint Ivo of Kermartin, a 13th-century French priest and jurist widely regarded as the patron saint of advocates. Renowned for his unwavering commitment to justice, fairness, and the rights of the poor, Saint Ivo’s life offers a powerful reminder of the ethical foundations upon which advocacy is built. However, in today’s complex regulatory environments—particularly in employment and human rights law—the term advocate is often misunderstood, misrepresented, or unfairly conflated with the regulated title of lawyer.

This confusion, sometimes weaponised by opponents in disputes or by those unfamiliar with the legal landscape, ignores both international norms and the evolving recognition of non-legal representatives in specific legal settings. This article aims to demystify the distinction between lawyers and advocates and to affirm the vital, legitimate role that employment and human rights advocates play—particularly in accessible justice systems in Australia and beyond.

Lawyers and Advocates: Not Synonyms

The term lawyer is a protected title in many jurisdictions, including Australia, and is generally reserved for individuals admitted to practice by a Supreme Court and regulated by a professional legal body, such as the Law Society or Bar Association. Lawyers are bound by professional rules of conduct, may give legal advice, and represent parties in court proceedings across all jurisdictions.

An advocate, by contrast, may not hold a practising certificate or be a solicitor or barrister, but may nonetheless be highly trained and qualified in law, particularly in industrial, human rights, and administrative matters. Advocates often represent parties in forums where legal representation is not required or where statutory bodies permit lay or non-legal advocates—for example, in the Fair Work Commission, Anti-Discrimination Commissions, or the Australian Human Rights Commission.

This role is legitimate, authorised by legislation, and vital to ensuring access to justice, particularly for vulnerable or disadvantaged individuals who may not afford traditional legal services.

Domestic Recognition of Non-Lawyer Advocates

In Australia, Section 596 of the Fair Work Act 2009 (Cth) allows a person to be represented by a paid agent (commonly an advocate) in Fair Work Commission proceedings with permission, provided it assists in the efficient conduct of the matter. Similar provisions exist under human rights and anti-discrimination laws across various jurisdictions.

Moreover, many Commissions and Tribunals—such as the Queensland Human Rights Commission or the Victorian Equal Opportunity and Human Rights Commission—routinely engage with community-based advocates, industrial agents, and disability advocates who are not lawyers but are permitted to act as representatives or support persons. These individuals are often the bridge between disempowered workers and their rights.

Saint Ivo: The Patron of Justice and the Forgotten Distinction Between Lawyers and Advocates

The International Legal Foundation for Advocacy

International law strongly supports the use of advocates in promoting access to justice. Article 8 of the Universal Declaration of Human Rights provides that:

“Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.”

Further, Article 14(3)(d) of the International Covenant on Civil and Political Rights (ICCPR)—ratified by Australia—provides that individuals have the right to defend themselves “in person or through legal assistance of his own choosing.”

This includes, as interpreted in international jurisprudence, the right to choose a non-lawyer advocate where that representative is competent and permitted under domestic law. The United Nations Special Rapporteur on the Independence of Judges and Lawyers has also acknowledged the crucial role of paralegals, lay advocates, and community representatives in expanding access to justice, particularly for marginalised groups.

The UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems (2013) extend this recognition further, affirming that legal aid includes services provided by paralegals and other trained personnel under appropriate national frameworks.

While these instruments relate primarily to criminal justice, they set a clear standard: the legitimacy of non-lawyer representatives is both recognised and encouraged by international human rights frameworks.

Advocacy in Employment and Human Rights: A Professional Discipline

Employment and human rights advocacy is a specialised field, often involving navigation of complex legislation, industrial awards, international instruments, and case law. Advocates working in this space are frequently former union representatives, industrial officers, legal academics, or human rights workers, many of whom hold law degrees or other qualifications relevant to the field.

These advocates are bound by ethical standards and professional codes of conduct adopted by their own organisations, even where not subject to the regulatory oversight of legal professional bodies. The suggestion that these professionals are illegitimate or somehow acting unlawfully betrays a fundamental misunderstanding of the law and misrepresents the purpose of access to justice frameworks.

Confusion, Condescension, or Control?

The confusion between lawyer and advocate is not always innocent. In some cases, it is used pejoratively by those with a vested interest in discrediting non-lawyer professionals—particularly where such professionals are highly effective in holding employers or institutions to account.

This tactic is not only legally unfounded but also risks denying claimants access to their preferred representative, particularly where lawyers are cost-prohibitive. It flies in the face of the spirit of Saint Ivo himself, who famously advocated for the rights of the poor and unrepresented, ensuring justice was not the exclusive domain of the elite.

Conclusion

As we reflect on Saint Ivo’s legacy, we must reaffirm the legitimacy of non-lawyer advocacy as a critical pillar of justice—particularly in the fields of employment and human rights. Advocates are not lawyers, but they are lawful, effective, and often indispensable. Rather than questioning their legitimacy, we should be questioning why so many Australians must rely on them instead of lawyers in the first place.

The role of an advocate is not to impersonate a solicitor, but to ensure that all people—regardless of their means—can assert their rights and challenge injustice. That is the heart of advocacy, and it is a tradition well worth defending.

To learn more about how employment and human rights advocates support workers, visit www.1800advocates.au.