What is between an attorney and a rabbinical advocate

What is the difference between a lawyer and a rabbinical advocate

Divorces between Jewish spouses in Israel must be by mutual consent of both spouses. The Rabbinical Court has exclusive authority regarding the granting of a get (divorce document) and matters of the ketubah (marriage contract).

Other matters under consideration, such as custody, alimony, and property division, can be addressed either in the Family Court or the Regional Rabbinical Court.

Unlike in court, in the Rabbinical Court a party can be represented by a rabbinical advocate and not just by a lawyer.

Who is a rabbinical advocate?

A rabbinical advocate is somewhat like a lawyer who is an expert in Jewish law and the procedures of the Rabbinical Court, authorized to represent a party only in the Rabbinical Court. The training they undergo is a preparation for understanding Jewish law in the matters under consideration.

This applies not only to marriage and divorce issues but also to matters such as child custody, wills, inheritance, conversion, and other matters related to Jewish law.

So, what is the difference between a rabbinical advocate and a lawyer?

First, let's define what the two professions have in common:

- Both are certified and can represent clients in the Rabbinical Court.
- Both are subject to professional obligations that include various ethical rules, including the duty to maintain client confidentiality.

Now let's define the differences:

Education and training:

Lawyer – A graduate of academic studies who undergoes an apprenticeship process alongside For an experienced lawyer, they go through the Bar Association certification exams both written and oral. Rabbinical advocate – basic requirements – adult (over 18), advanced yeshiva studies (at least 4 years). Training course (300 hours) recognized by the Chief Rabbinate, certification exam written and oral. Familiarity with halakhic law: Lawyer – during their studies, they undergo a course in Jewish law which concludes with a final exam, also a course in family law (not only halakhic). Rabbinical advocate – Talmudic studies, Tractates Gittin, Kiddushin, and others. Study and comparison with civil family law. Scope of practice: Lawyer – authorized to represent both in the rabbinical court and in the family court, including for the same clients, with supervision over ethical rules and other regulations of the Bar Association. Rabbinical advocate – authorized to represent only in the rabbinical court. Additional advantages: Lawyer – broad academic knowledge in various subjects, familiarity with procedures in civil court, acquaintance with judges. Halakhic advocate – extensive halakhic knowledge, familiarity with the special procedures of the court, personal acquaintance with the rabbis. In summary: In cases in the rabbinical court, both the lawyer and the rabbinical advocate have different advantages, as detailed, therefore it is impossible to decide which is preferable; the best approach is to enjoy "the best of both worlds" and choose a lawyer who is also qualified as a rabbinical advocate, skilled and professional in both fields.

Both in halachic law and in civil law. In our office, Attorney Oren Peretz received practical training in halachic argumentation and turned to us to carry out the procedure.