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Difference between Lawyer and Advocate

हिंदी में पढ़ें
November 15, 2023
By Advocate Chikirsha Mohanty



Table of Contents

  1. Who is an Advocate?
  2. What Does an Advocate Do?
  3. Who is a Lawyer?
  4. What Does a Lawyer Do?
  5. Basic Difference between a Lawyer and an Advocate
  6. Key Differences Between Lawyer Vs. Advocate
  7. Which Is A Better Profession, A Lawyer Or An Advocate?


Who is an Advocate?

The definition of advocate has been given under Section 2(1)(a) of the Advocates Act, according to it an advocate helps those in need of legal assistance by providing legal counsel, advocating for clients in court, and doing pro bono activities.  They are those who have legal degrees and are qualified to represent their clients in court as they have the licence given by Bar Council of India

The Advocates Act of 1961 defines "Advocate" as follows: 
Advocate” means an Advocate entered in any role under the provision of The Advocate Act 1961.



What Does an Advocate Do?

Advocates are skilled lawyers with specialised knowledge of the law who are trained to represent their clients in court. These customers may include both private individuals and corporate or banking institutions. In India, being an advocate requires a demanding process that includes getting a licence to practise law and professional certification from a recognised law programme. Advocates are given the required licence to practise law after completing the Bar Council of India test.



Who is a Lawyer?

A lawyer includes those working in the legal profession, such as solicitors and barristers. Their duties normally do not include defending clients in court. To be precise, the term "lawyer" is used to refer to all members of the legal profession, regardless of their particular roles. It refers to somebody who has a law degree. There are several different sorts of lawyers, each specialising in a particular area of law, including advocates, solicitors, and solicitors. It's crucial to remember that not all lawyers are qualified to represent clients in court.



What Does a Lawyer Do?

A lawyer is a person with legal training and a license who can advise and represent clients in legal matters.  Lawyers can provide advice, conduct research, draught documents, negotiate, and represent clients in court because they have a thorough understanding of legal principles and procedures. They collaborate closely with clients, drawing on their strong communication and analytical abilities to produce desirable results while upholding moral principles.



Basic Difference between a Lawyer and an Advocate

“All Advocates are Lawyers but all Lawyers are not Advocates” Understanding this statement is very important to understand the basic difference between a Lawyer and an Advocate. Let us understand the concept from the extreme basic, i.e., the study of law and the study of an advocate. 

Indian law has roots in the common law heritage and shares many essential ideas with English law. In India, universities often provide a five-year integrated BA-LLB or BBA-LLB programme in legal studies.

Individuals who complete this programme successfully are qualified to appear in the Bar Council of India's annual All India Bar Exam and those who clear the Bar Council, usually head towards becoming an Advocate. Advocates are permitted to practise law in any Indian court after passing this exam and joining the Bar Council.

Simply put, after earning a law degree, a student must pass a test given by the All India Bar Association (AIB). The 'Sanad,' required to practise law in Indian courts, is obtained by passing this exam. As a result, an advocate who has earned a Sanad is a law graduate.



Key Differences Between Lawyer Vs. Advocate

The following list outlines the main distinctions between a lawyer and an advocate:

  • Definition

Lawyer - A lawyer is a person who has completed their law degree from an affiliated college
Advocate - An advocate is a person who after completing the law degree has taken the Bar Council Exam and has got a licence through the same

  • Responsibility

Lawyer - Provide legal advice, research, and document drafting, for example- contracts.
Advocate - They usually represent the clients in court

  • Experience

Lawyer - Generally, recent law school graduates with limited experience. They usually have experience in office workings
Advocate - specialists with years of experience in the courtroom.

  • Fee

Lawyer - usually charge less because they have less experience
Advocate - They can charge more due to their expertise and legal counsel in court.

  • Bar Admission

Lawyer - The Bar Council of India does not have any authority over the behaviour of lawyers, and not all lawyers are eligible or required to be admitted to the bar.
Advocate - All advocates who represent clients in court must first be admitted to the bar. The Bar Council of India controls the activity of advocates.



Which Is A Better Profession, A Lawyer Or An Advocate?

You can choose between these two occupations based on your background and credentials. An entry-level position, suited for recent LLB graduates, is often that of a lawyer. To get your practice licence in this position, you might need to pass an exam.

On the other hand, advocates hold mid-level to senior roles and have significant expertise defending people or organisations in court. Compared to lawyers, advocates typically receive greater pay and more benefits. Your decision may be influenced by your level of experience and professional goals.



 

These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.


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