Lawyer and advocate are frequently used in the judicial system when requesting legal matters in court. People often use lawyer and advocate interchangeably, yet they are two different terms. Lawyer is a general term for a legal expert who has graduated from law school with a Bachelor of Law (LLB) degree. When a lawyer joins a bar association, he is regarded as an advocate.
Related Article: How to Become a Lawyer?
Who is a Lawyer?
Generally speaking, a lawyer is a person who has acquired a law degree or pursuing a law degree. Some of the popular law degrees are:
- Bachelor of Law (LLB)
- Bachelor of Arts - Bachelor of Legislative Law (BA LLB)
- Bachelor of Business Administration & Bachelor of Legislative Law (BBA LLB)
- Master of Laws (LLM)
- Doctor of Laws (LLD)
Any individual who has completed a law degree, whether it be a 3-year LLB course or a 5-year integrated law course, is referred to as a lawyer. However, having a law degree doesn't qualify a lawyer to represent clients in a court of law.
Read More: Law Courses After 12th
Who is an Advocate?
A lawyer becomes an advocate once he or she joins a bar association. When someone identifies themselves as an advocate, it indicates that they have registered with the bar council. He is entitled to speak for his clients in court. This is the primary difference between a lawyer and an advocate.
Related Article: 5 Best Lawyers in India
Who is an Advocate General?
The name "Maha Adhivakta" is another name for the attorney general.
Every state's governor selects an advocate general to represent that state.
The roles and responsibilities of a general advocate are:
- Representative of the state in court and legal matters
- The first law enforcement official in the state is often known as the advocate general.
- The advocate general serves as the legal advisor if the state government needs legal advice on any topic.
Who is an Attorney General?
An advocate is the attorney general, who:
- Act as the representative of the central government in legal matters.
- The attorney general is also recognized as the first law enforcement official in the nation.
- The Attorney General of India is chosen by the President.
- The Attorney General provides legal advice if the central government needs legal advice on any topic.
Who is a Barrister?
Barrister is a different term than a lawyer. If you earn your legal degree from any Indian college, you are regarded as a lawyer, but if you study law in England, then you are regarded as a barrister. In court, the barrister might also speak for his client. In other words, a lawyer and a barrister are merely two different phrases. In actuality, neither of them can represent a client in court.
Also Read: Law Entrance Exam: Syllabus, Eligibility, Last Date.
Lawyer vs Advocate: Basic Difference
- It can be said that “all advocates are lawyers, but not all lawyers are advocates.”
- After completing a law degree in LLB, BA LLB, BBA LLB, BCom LLB, BSc LLB, etc., the candidate must pass the All-India Bar Association Examination (AIBE).
- The student earns the title "Sanad" after passing the exam. Sanad is the eligibility criteria to practice law in Indian courts. As a result, a law graduate with a Sanad may be referred to as an advocate.
- However, a large number of lawyers also work in the corporate sector. A law graduate must give up his title “Sanad” to practice law and barrister work in the corporate sector. Law graduates working in corporate fields are therefore ineligible to testify in court. As a result, corporate lawyers are not considered advocates.
Related Articles: BA LLB Subjects
What is the difference Between Lawyer and Advocate?
The table below mentions the major differences between a lawyer and an advocate:
Parameters | Lawyer | Advocate |
Meaning | Any member of the legal profession, such as a solicitor, barrister, or attorney, may be referred to as a "lawyer" in the most general sense. | An advocate is a competent person who represents the client in court, pleading and arguing for payment or a release based on the circumstances of the case. |
Client Representation | If lawyers or law graduates in India desire to practice in a court of law, they must join a state bar council and pass the All India Bar Exam. | After passing the bar exam and joining a state bar council, a person can refer to themselves as an advocate and represent clients in court. |
Experience | As they have only recently graduated from law school and lack the requisite experience to represent clients, lawyers have less experience than advocates. | They might be regarded as having greater experience than lawyers because they have had the chance to practice their expertise in numerous legal fields. |
Legal Advice | The obligations of a lawyer include providing their clients with legal advice, but they are not permitted to represent them in court. | Advocates are extensively involved in defending their clients most of the time because of their extensive knowledge, expertise, and skill in legal matters. When arguing on their behalf, advocates do everything possible to obtain the greatest outcome for their clients. |
Salary | Due to the possibility that the lawyer may lack the expertise and experience necessary to effectively represent clients in court, the salary compensation is modest. | Since advocates are more knowledgeable and equipped to represent their clients in a wide range of legal situations, advocates charge significantly more than lawyers for their services. |
Related Articles: Judge Salary in India
Difference Between Lawyer and Barrister
Here is the basic difference between a lawyer and a barrister:
Lawyer | Barrister |
Lawyer is a person who administers lawsuits for clients and provides advice to the clients on their legal rights and obligations. | Barrister is a legal practitioner whose primary responsibility is to practice advocacy in the court of law. They usually have very less interactions with the clients. |
Further Reading: Difference Between Civil Law and Criminal Law
How can a lawyer become an advocate?
A lawyer is someone who has completed their legal education, but they are not permitted to represent their clients in court proceedings. To become an advocate, a lawyer must meet certain requirements.
If a candidate has finished their law degree and is not a lawyer, he/she must take the BCI test, which is also known as the Bar Council of India exam. The lawyer must pass the exam to add their name to the BAR council list. Following this, the bar council will provide the candidate with a license to practice law in court.
Read More: Corporate Law Courses
Eligibility Criteria for Senior Advocate
The following are the basic eligibility requirements to become a senior advocate:
- The candidate must have reached the age of 45.
- The candidate must have at least ten years of experience as an advocate.
- The candidate must appear in numerous cases.
- The code may also determine the number of cases in which he or she was successful.
- An advocate may be designated as a senior advocate by this Supreme Court or High Court after considering all of the above factors. Thus, the expertise and experience of an advocate are the determining factors for the title of Senior Advocate.
Eligibility Criteria for Advocate on Record
The following are the basic eligibility requirements to become an Advocate on Record:
- The advocate must have five years of experience, including four years of independent practice and one year working under any Supreme Court AOR.
- The AOR with who the lawyer is working must have more than 10 years of expertise under the Supreme Court of India
Terms used for Advocates
Typically, there are three terms used for advocates
- Advocate
- Senior advocate
- Advocate on record
Advocate: A person who holds a law degree and is registered with the Bar Council of India is an advocate. The bar council has given him or her permission to show up in court and defend his client.
Senior advocate: A senior advocate is an advocate lawyer who is qualified to represent clients in legal proceedings. The Supreme Court or High Court may designate an advocate as a senior advocate as per their experience.
Advocate on record (AOR): Generally speaking, each court has its own set of procedures and rules for conducting court proceedings. The Supreme Court of India also has the authority to establish rules and regulations, such as the requirement that only an advocate on record files a Vakalatnama for litigation, an affidavit, a petition, or any other application on behalf of his client in the Supreme Court of India.
According to a ruling by the Indian Supreme Court, only the advocate on record is permitted to submit a matter to the Supreme Court. While any other advocate may create and present the case, they may not submit it to the Supreme Court.
Related Article: LLB Syllabus and Subjects