III. Nota in materia di deontologia professionale e onorari nella pratica giuridica romana: giuristi, oratori, avvocati

Abstract

Abstract Note on professional ethics and fees in the Roman legal practice: jurists, orators, advocates. At first sight, there seems to be an accurate terminology for actors of legal assistance in Ancient Rome. Their understanding, however, must be occasionally reassessed in light of the particular context of Roman society in its respective time (such as the relevance of clientela, amicitia, and bureaucracy). Moreover, the legal practice must be analysed to further clarify their understanding. At the end of the Republic and in the Classical Age, the central topics are the links and contradictions between gratuitousness, gratia and remuneration (Cic. off. 2,65,66; D.\u200550,13). However, there are some actors that are difficult to grasp, such as iuris studiosi. Furthermore, no ideology can be identified concerning an advocate’s duties and countering an unscrupulous practice (Cic. off. 2,51). In Late Antiquity, the notion of key legal professionals grounds on advocati and iuris periti, as can be derived from the Colloquia scholica and in Edictum de pretiis 7,72. This development led to the creeping introduction of a remuneration for the legal profession until its realisation, manifested in Aug. Epist. 153,23.