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Difference Between Lawyer and Advocate in India

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.

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FAQs

Who is called an advocate?

A person who is professionally qualified to plead the cause of another in a court of law. As a technical term, advocate is used mainly in those legal systems that derived from the Roman law.

Who is higher advocate or lawyer?

The primary difference between the responsibilities and duties of a lawyer vs. advocate is that a lawyer has less experience and might not represent clients in courts. Comparatively, advocates are more qualified in legal matters and can represent their clients

What is the salary of advocate in India?

The average salary for Advocate is ₹1,15,000 per month in the India. The average additional cash compensation for a Advocate in the India is ₹90,000, with a range from ₹33,000 - ₹2,58,000. Salaries estimates are based on 235 salaries submitted anonymously to Glassdoor by Advocate employees in India.

What do Lawyers do in court?

Lawyers apply the law to typical cases. They examine the facts and the proof by consulting with their clients and scanning documents, and they organize and file the pleadings in court. At the practice, they present evidence, question eyewitnesses, and debate questions of law and fact.

In term of qualification, what is the difference between Lawyer and advocate?

The difference between Lawyer and Advocate in terms of qualification is that anyone with a law degree is called a lawyer, but to be an advocate in India; you must qualify for the All India Bar Examination conducted by the Bar Council of India.