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Advocates


Counsel, prosecutor, defence lawyer, etc.


In civil cases, it is customary for the parties to be assisted by advocates. These are often referred to as counsel, and have been authorized to represent the party during the court proceedings. The counsel's responsibility is to prepare the case for the party he or she is representing as well as – during the main hearing – to take charge of the opening speech, presentation of evidence and closing statement.

In criminal cases, the public prosecuting authority is represented by a prosecutor, while the defendant is assisted by an advocate in most cases, who is called the defence counsel in criminal cases. In most criminal cases, the court appoints the defence counsel for the defendant at the expense of the state. In criminal cases, it is the prosecutor who presents an account of the case, while both the prosecutor and the defence counsel participate during the presentation of evidence and argument.

In certain serious criminal cases, legal counsel is appointed for the aggrieved/injured party in the case. The legal counsel's responsibility is to take care of the interests of the aggrieved party in connection with investigation in the case and during the court proceedings. The counsel has the right to be present when statements are taken by the police and during the main proceedings. The counsel for the aggrieved party has the right to ask the aggrieved party questions, and also has the right to object to questions that are not relevant to the case or that are asked in an improper way. It is also customary for the counsel for the aggrieved party to make a claim for damages for non-economic loss/compensatory damages on behalf of the aggrieved party.

The counsel, prosecutor, defence counsel and legal counsel for the aggrieved party all play an important role in court. Norwegian law is based on the adversarial principle: The case must be explored from all sides before a decision is made. The professional representatives for the parties are spokesmen for the party they represent, and contribute to the protection of the law and effective administration of justice. Advocates must not identify themselves with their clients, and are entitled not to be identified with their clients.

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