THE ROLE OF THE ADVOCATE

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A Timeless Reminder of Why Advocacy Matters

Few writings manage to capture both the history and enduring relevance of advocacy in the courtroom as powerfully as C.E.K. Hampson, Q.C.’s The Role of the Advocate. At a time when the profession is constantly tested—by public misconceptions, judicial impatience, or the creeping influence of inquisitorial tendencies—Hampson’s essay reads like both a defense and a celebration of what it means to stand as counsel.

Hampson traces the word advocate from its classical roots in Rome through to its technical role in the adversarial system. What emerges is a reminder that the advocate is neither a hired mouthpiece nor a self-serving orator, but an essential actor in the discovery of truth. Drawing on English legal history, and anchoring his arguments in cases such as Jones v National Coal Board [1957] 2 QB 61, he emphasises that justice is not served by judicial overreach or inquisitorial meddling but by “powerful statements on both sides of the question,” carefully tested in open court.

This piece is particularly compelling for practitioners who sometimes forget why our adversarial system demands the independence, courage, and craft of the advocate. It is a call back to first principles: that the advocate does not distort justice, but enables it.

For barristers and solicitors alike, reading Hampson is more than an intellectual exercise—it is a professional refresher on the ethical, historical, and constitutional importance of advocacy. In an era where efficiency is too often prized over fairness, The Role of the Advocate reminds us that the lawyer’s voice in court is not a procedural accessory, but the very mechanism through which justice is done.

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