Differences Between Lawyers and Advocates With Their Detailed Comparisons
Lawyers and advocates are used interchangeably for legal professionals. However, there is a difference between lawyer and advocate in India. The difference between a lawyer and an advocate is based on a variety of factors. The term lawyer is used for a legal professional who has graduated with a Bachelor of Law (LLB) degree. When a lawyer joins the State Bar Council and passes the All India Bar Council exam, he/she is called an advocate.
An advocate represents a client in a court of law, whereas a lawyer provides legal advice to a client. Every advocate is a lawyer, but every lawyer is not an advocate. Both are legal professionals, but an advocate has more responsibility and a bigger role than a lawyer since an advocate can advise clients in legal matters and represent them in court.
Who is an Advocate?
An advocate is a person who has registered with a Bar Council of the State. Advocates are entitled to speak for their clients in court. This is the crucial difference between a lawyer and an advocate. A lawyer becomes an advocate when he/she joins a bar council/association.
An advocate is a person having a professional certification, i.e. LLB certificate from an accredited law university/college and a licence to practise law from a Bar Council in India. As soon as an advocate passes the Bar Council of India exam, he/she is granted the licence to practise in courts.
Thus, advocates are legal experts having specialised experience/training in the law who are trained to represent their clients in court. An advocate can be a person or entity representing clients in court, such as a law firm, company, etc.
Who is a Lawyer?
A person who has completed a law degree, i.e. having an LLB degree certificate, is known as a lawyer. However, having a law degree will not qualify a lawyer to represent clients in court. After completing a law degree in LLB, a lawyer must pass the All-India Bar Examination (AIBE) to practise in a court of law and take up cases of clients.
When the lawyer passes the AIBE, he/she can be referred to as an advocate. A lawyer is a legal professional who has studied law and has the ability to thoroughly understand the laws of the country. One of the most essential duties of a lawyer is to advise clients on their rights and responsibilities in legal matters. They can also draft legal documents for individuals and businesses.
Legal professionals who work in the corporate sector are also known as lawyers. Lawyers must give up their bar council licence to work in the corporate sector. Thus, lawyers who have passed the AIBE and are working in corporate fields are ineligible to represent clients in court. They cannot be known as advocates. However, when they leave the corporate job, they can activate the status of bar council licence to practise in a court of law and be known as advocates.
What Is The Difference Between Lawyer And Advocate?
Below listed are the difference between lawyers and advocates:
Lawyer | Advocate |
|---|---|
| A lawyer is a term used to designate anyone in the legal profession, including a barrister, solicitor and attorney. | An advocate is a legal professional who has passed the AIBE and obtained a licence to represent the client in a court of law and argues their case on their behalf. |
| Lawyers cannot practise in a court of law. They should be enrolled in a State Bar Council and pass the AIBE. | After passing the AIBE and enrolling in a State Bar Council, a person can be known as an advocate. Advocates can practise in a court of law. |
| Lawyers have less experience than advocates since they need to pass the AIBE to practise in court and get the knowledge required to represent clients. | Advocates are more experienced than lawyers since they have the opportunity to practise in all courts in India in different legal matters. |
| A lawyer’s responsibilities and duties are to give clients legal advice and draft legal documents. | The responsibilities and duties of an advocate are to represent the clients in court and plead on their behalf. They defend or fight for the rights of their clients and try their utmost to get the best judgement for them. |
| The charges or fees of a lawyer are low since he/she does not have the experience to conduct a case in a court of law. | The charges or fees of an advocate are high since they give legal services and are skilled and qualified to represent the clients and fight for them in legal matters in court. |
The difference between a lawyer and an advocate is that the advocate is a licensed legal professional having the right to practise in courts in India. Lawyers can only give legal assistance to clients, while advocates represent them in court and fight for their rights by providing evidence on behalf of the clients and arguing to get the best judgement for their clients.
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Quick Summary
In India, lawyers and advocates differ based on qualifications and roles. Advocates, licensed by a State Bar Council after passing an exam, represent clients in court, while lawyers provide legal advice. Advocates hold more responsibility, represent clients in court, and have specialized training. Lawyers have an LLB degree but need to pass the All-India Bar Examination to become advocates, who can practice in all Indian courts.
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