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Lawyer and advocate are both legal professionals, but there is a key difference between their roles. A lawyer is a general term for someone with a law degree (LLB). They can provide legal advice, draft contracts, and handle various legal matters. However, an advocate is a specialized lawyer who has taken additional qualifications and is licensed to represent clients in court by the Bar Council of India after clearing the respective examination required. They act as your voice in legal proceedings, presenting arguments and evidence to the judge. So, every advocate is a lawyer, but not every lawyer is an advocate.
Difference Between Lawyer and Advocate
It is important to note the difference between a lawyer and an advocate, people often use these terms interchangeably. Upon finishing this article, individuals can take the All India Bar Examination annually conducted by the Bar Council of India. Passing this exam enables one to practice law in any court within India and qualify as an advocate.
Aspect | Lawyer | Advocate |
Definition | A person who practices law and provides legal advice |
A legal professional who represents clients in court
|
Scope of Practice | Can provide legal advice, draft legal documents |
Can represent clients in court proceedings
|
Education | Typically holds a law degree (LL.B or equivalent) |
Typically holds a law degree (LL.B or equivalent) along with the license from the Bar Council of India
|
Bar Council | May or may not be enrolled with a Bar Council |
Must be enrolled with a Bar Council
|
Legal Representation | Can represent clients in various legal matters |
Can represent clients in court also
|
Authority | Not-Authorized to argue in court |
Authorized to argue in court
|
Fees | Can charge the client for drafting and advise purposes. | Charge more fees in comparison to lawyers as they are more skilled and represents the client in the court |
Code of Conduct | Expected to adhere to professional ethics |
Bound by the rules and regulations of the Bar Council
|
Who is a Lawyer?
A lawyer is a licensed legal professional who provides legal advice, represents clients in legal matters, and advocates for their interests. They undergo extensive education and training in law, typically earning a bachelor’s degree in law followed by passing a bar examination. Lawyers work in various settings, including law firms, government agencies, and corporations, specializing in specific areas of law such as criminal, civil, or corporate law. They offer legal guidance, draft documents, negotiate settlements, and represent clients in court. Bound by ethical rules, lawyers uphold the law, act in their client’s best interests, and contribute to the functioning of a just society.
Who is an Advocate?
An advocate is a legal professional who represents clients in court proceedings and other legal matters. In India, advocates are specifically lawyers who are enrolled with a Bar Council and have the authority to argue cases in court. To become an advocate, individuals typically complete a law degree (LL.B or equivalent) and pass the All India Bar Examination administered by the Bar Council of India, and enroll with a State Bar Council.
Advocates play a crucial role in the legal system by advocating for their client’s interests, presenting their cases before judges and juries, and ensuring fair representation in legal proceedings. They may specialize in various areas of law and work in law firms, as independent practitioners, or in legal departments of organizations. Advocates are bound by ethical rules and professional standards to uphold the law, maintain confidentiality, and act in the best interests of their clients.
How can a lawyer become an advocate ?
Bar Council of India exam is to be given by those lawyers who have a law degree but do not practice in the court. Bar Council conducts the exam every year, after passing the exam a license is given to the candidates. After this, the license will be given by the Bar Council to practice law in the court room and in this way he will become a advocate and will be able represent the client in the court room against the opposition part in from of the judge.
Simultaneously, The Attorney General of India is the chief legal advisor to the Government of India and the government’s chief lawyer in the Supreme Court of India.
Barrister and Advocate
Traditionally, barrister refers to a British qualification basically Indian nationals can become barristers by completing their training in the UK’s Court. In India, “Advocate” is often used interchangeably with “Lawyer”. The first barristers appeared in India after the opening of the Supreme Court in Calcutta in 1774.