Saint Ivo, Patron of Advocates: The Honesty of Justice and the Rightful Role of Non-Lawyer Advocates

By Brian AJ Newman, Employment & Human Rights Advocate - In honour of Sant’Ivo and in recognition of the enduring importance of advocacy in our legal and industrial systems

Every year, on 19 May, Saint Ivo of Kermartin is remembered across much of the world as the patron saint of lawyers, advocates, and jurists. Yet in Malta, as noted by Dr Edric Micallef Figallo – Associate, the feast of Sant’Ivo is celebrated on 17 December. On this day, Maltese lawyers symbolically remove their robes and gather outside the courtroom to reflect on a year of hard work and the ideals of integrity, service, and justice.

Saint Ivo, Patron of Advocates: The Honesty of Justice and the Rightful Role of Non-Lawyer Advocates

Sant’Ivo was born in 1253 in Kermartin, near Tréguier in Brittany (now part of France). A learned man, he studied civil and canon law, theology, and is reputed to have had classmates such as Duns Scotus and Roger Bacon. Later ordained to the priesthood and a member of the Third Order of Saint Francis, Ivo became known not for wealth or power, but for his unwavering defence of the poor and the voiceless.

His legacy includes visiting those he assisted in prison, funding legal costs for the impoverished, and settling disputes out of court to save litigants from the burden of lengthy proceedings. He was an incorruptible judge, refusing bribes and upholding justice with what Pope John Paul II would later describe as a “creativity in charity”. On his tomb in Tréguier Cathedral is inscribed the famous verse:

Sanctus Ivo erat Brito

Advocatus et non latro

Res miranda populo

“St. Ivo was from the land of beef,

A lawyer, and not a thief;

A stretch on popular belief.”

Sant’Ivo, remembered as the Honest Lawyer, also serves as a powerful symbol for the modern distinction between lawyers and advocates—a difference increasingly blurred in public discourse but critically important in practice, particularly in employment and human rights jurisdictions.

The Confusion Between Lawyers and Advocates

In Australia and many other common law jurisdictions, lawyer is a protected title, reserved for those who are admitted to legal practice and regulated by a law society or bar association. These practitioners are permitted to give legal advice, file proceedings in courts, and charge for services as solicitors or barristers.

Advocates, on the other hand, may be highly qualified professionals in law, industrial relations, or human rights, but do not hold a practising certificate. Their role is often permitted by statute in specific jurisdictions, such as the Fair Work Commission or state anti-discrimination bodies, where formal legal representation is not always required. Advocates may represent clients in administrative hearings, draft submissions, engage in conciliation, and provide specialist advice on rights under employment and human rights laws.

This distinction is not a legal loophole—it is a deliberate design to ensure access to justice for those who might otherwise be excluded from it due to cost, geography, or complexity.

Statutory Recognition of Advocates in Australia

In employment law, section 596 of the Fair Work Act 2009 (Cth) provides that a person may be represented in the Fair Work Commission by a lawyer or paid agent (advocate), subject to permission of the Commission. This recognises the role of experienced, non-lawyer professionals in assisting workers, unions, and employers to resolve disputes efficiently and fairly.

Similar recognition exists under state-based human rights legislation. For example:

• The Anti-Discrimination Act 1991 (Qld) allows non-lawyer representatives to advocate for complainants.

• The Australian Human Rights Commission permits parties to be represented by anyone of their choosing unless a conflict or misconduct arises.

In these forums, the work of non-lawyer advocates is not only lawful—it is vital. These professionals often possess lived experience, specialised knowledge, and community trust that can be pivotal in resolving disputes, especially where cultural, language, or psychological barriers exist.

United Nations Recognition of Lay Advocacy

The legitimacy of advocates is also supported by international legal instruments to which Australia is a party.

• Article 8 of the Universal Declaration of Human Rights affirms the right to an effective remedy through national tribunals for violations of fundamental rights.

• Article 14(3)(d) of the International Covenant on Civil and Political Rights (ICCPR) guarantees individuals the right to defend themselves “in person or through legal assistance of his own choosing”—a principle that includes the right to choose an advocate, even if not a lawyer, where permitted by domestic law.

• The UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems (2013) recognise the contributions of paralegals, lay advocates, and trained non-lawyers, particularly in low-resource settings.

These international instruments acknowledge that justice systems must be flexible, inclusive, and culturally responsive. This is particularly important for First Nations Australians, refugees, people with disabilities, and others who may experience systemic barriers within the legal profession.

Misunderstandings, Prejudice, and the Real Danger

The casual or intentional confusion of advocates with unqualified persons, or the suggestion that their work is illegitimate, reflects either ignorance or elitism. In some cases, it is a deliberate tactic to discredit individuals who challenge institutional power. This misrepresentation can cause real harm—not just to the reputation of the advocate, but to the client they represent.

It is also ironic, given that Sant’Ivo himself was an advocate before he was ordained or officially licensed. He acted from a place of conscience, not title. His professional identity was less important than his moral clarity.

As Pope John Paul II reflected:

“St Ivo was involved in defending the principles of justice and equity… He remains the voice of justice, which is ordained to reconciliation and peace… inviting [us] to walk on paths of justice, of respect for the law and of solidarity with the poor.”

Conclusion: Honour the Title, But Also the Purpose

Whether celebrated on 17 December in Malta or 19 May elsewhere in the world, Sant’Ivo reminds us of a deeper truth—that the pursuit of justice does not belong exclusively to the legally privileged. It is the duty of all who act with integrity, knowledge, and compassion to support those in need.

Advocates are not lawyers—but they are lawful, trained, and often essential voices in industrial and human rights justice. They deserve clarity, not condemnation; recognition, not rebuke.

On this day, let us acknowledge not only the lawyers who work diligently within their professional bounds, but also the advocates who walk beside the marginalised—serving justice in its truest, most human form.

To learn more about the role of employment and human rights advocates, visit www.nowinnofee.help and discover how qualified advocacy supports everyday Australians in asserting their rights with dignity and strength.