Difference Between Lawyer and Advocate in India

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Lawyers and advocates 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. 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 the difference between a lawyer and an advocate, as many often use these terms interchangeably. Upon finishing this course, 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)
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 specifically in court
Authority	Not necessarily authorized to argue in court	Authorized to argue in court
Fees	May charge fees for legal advice, drafting documents	May charge fees for legal representation in 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), 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.

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.