Controversial aspects of public advocacy

Abstract

Public entities, unlike private individuals, do not have their own interests: the so-called “secondary interest” is only protected by the Judiciary when it coincides with the “primary interest”. This difference marks the entire legal regime of Public Advocacy: it refers to State Advocacy and not Government Advocacy, in that the advocate (lawyer) should not defend the interests of the ruler when such interest is contrary to the legal system. It is undisputed that advisory activity is intended to defend the primary interest. In relation to the action in court, the issue is quite controversial. It is up to the public lawyer to defend the primary interest institutionally. When his personal conviction is not accepted by the Institution, he has the prerogative to act as “the long hand” of his superior. When public agents do not contradict what is established by the Public Advocacy, they should be defended by it. This defense does not constitute Government advocacy, because it is necessary for the adequate protection of the public interest.