“Lawyer” and “Advocate” are often used interchangeably in popular culture. However, there are some fundamental differences between a lawyer and an advocate. A lawyer is basically a person who has studied Law and is involved in the legal profession. But, an advocate is a slightly more specific term, used in the context of those lawyers who represent a client in a court of law. Thus, it is right to say that all advocates are lawyers, but all lawyers may not be advocates. However, is that the only difference between an advocate and a lawyer? Read the article to know more about the lawyer vs advocate comparison.
This Story also Contains
- Who is a Lawyer?
- Who is an Advocate?
- What is difference between lawyer and advocate
- Roles and Responsibilities
- Difference Based on Responsibilities:
- Lawyer Vs Advocate: Fees/Charges Difference
- How to Become a Lawyer in India?
- How to become an advocate in India?
Difference Between Lawyer and Advocate in India - Advocate vs Lawyer Who is a Lawyer?
A law graduate, involved in the legal profession such as those related to giving legal advice, consultation, assisting or any other law profession is called a lawyer. The term “Lawyer” is a very broad term and is used in the context of a legal professional including a barrister or an attorney.
Also Read | Types of law degrees
Who is an Advocate?
In legal terms, an advocate is a lawyer who enters into a roll under the provisions of the Advocates Acts 1961. In simple terms, an advocate is a lawyer who is registered with any State Bar Council or Bar Council of India. The conduct of an advocate is governed by the rules of the Bar Council of India (BCI), the apex regulatory body for legal professionals.
What is difference between lawyer and advocate
There are several points to be looked at in the advocate vs lawyer comparison. Some of the points are given in the table below.
Difference Between Lawyer and Advocate
Lawyer | Advocate |
A lawyer is any law graduate involved in a legal profession | Advocate represents their clients in the Court of Law |
Lawyer can be used in the context of a legal advisor, attorney, solicitor, barrister or even a law professor | Advocates have specified role and duties. It is a more specific term |
Lawyers may not be very experienced in the practising law | Advocates are experienced professionals and have cleared a standard Bar examination |
Lawyers cannot represent clients in Court of Law, but they can give legal advice, assist their clients in legal matters, or work in the corporate sector as a law professional | Advocates have Certificate of Practice (CoP) issued by the apex regulator of the legal profession and legal education in India. The CoP enables advocates to practice law |
Lawyers are not covered under Advocates Act | The conduct of advocates is governed by Advocates Act 1961 |
Roles and Responsibilities
Whether a person is a lawyer or an advocate, both are legal professionals and have several common roles and responsibilities which their job entails. Given below are a few similar things that advocates and lawyers do:
- Provide legal counsel and representation to people, businesses, and governmental organisations.
- Hold meetings and interact with their clients, coworkers, judges, and other case participants.
- Analyse and research on legal issues.
- For people and corporations, interpret laws, decisions, and regulations.
- Prepare and file legal papers such lawsuits, appeals, wills, contracts, and deeds
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Difference Based on Responsibilities:
The following are the roles and responsibilities of a lawyer:
- Offering legal advice to clients regarding their constitutional rights in legal matters
- Organizing interviews, assessments, and meetings with witnesses and clients involved in the case
- Collaborating with investigators and law enforcement officers
- Participating in trials and hearings
- Conducting research and gathering evidence to support their client’s case
- Reviewing a case and providing clients with informed legal opinions
The responsibilities of advocates are as follows:
- Supporting police and investigators to ensure they are well-prepared for the proceedings
- Alerting relevant authorities to any complaints involving court officials
- Performing crucial legal research related to the case
- Adhering to court decorum and maintaining appropriate conduct
- Supplying the necessary evidence to the court to facilitate a legal resolution.
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1.Courtroom Representation:
Newly graduated lawyers, with no practical experience, are not authorized to represent clients in court. They must first gain the required experience before taking on such responsibilities.
Advocates are individuals who have successfully passed the AIBE exam. After clearing the exam and enrolling with a state bar council, they become qualified to practice in any court, equipped with extensive knowledge, skills, and experience in legal matters.
2.Experience:
Since lawyers are those legal professionals who have just graduated from law school hence they do not have the necessary experience. Though they have knowledge of the law, including statutes, rules and regulations, and legal precedents.
Lawyers, having recently graduated from law school, lack practical experience. While they possess a strong understanding of legal principles, including statutes, rules, and precedents, they have not yet gained the hands-on experience required for real-world legal practice.
However, advocates, on the other hand, possess more experience, having worked across various judicial environments over the course of their careers. Their knowledge, expertise, and skill set come from representing clients and successfully securing favorable outcomes. These clients can include individuals or entities such as corporations, banks, or organizations.
3.Expertise:
A huge difference between advocates and lawyers is their area of specialization. Advocates often focus on particular fields, such as criminal law or corporate law, and develop deep expertise in those specific areas. Lawyers, however, possess a larger understanding of legal processes but do not specialize in any single area.
Lawyer Vs Advocate: Fees/Charges Difference
It must be noted that all advocates are lawyers but all lawyers are not advocates. So,being an advocate one gets an additional qualification to represent clients in addition to all the roles and responsibilities a lawyer can perform. So, becoming an advocate greatly increases the scope of earnings for a lawyer. However, the earnings will also depend on the the reputation of the advocate, type of clients being represented, and the type of cases at hand. On the other hand, a lawyer can find jobs in legal firms, and in the legal department of different organisations.
As per Ambition box data, the average salary of a lawyer in India ranges between Rs. 1-11 lakh p.a. with an average salary of Rs.4.8 lakh p.a. On the other hand the salary of an advocate in India ranges between Rs. 1.1 -9 lakh p.a. with an average salary of 4.9 lakh p.a.
How to Become a Lawyer in India?
To become a lawyer in India aspirants in India can complete a formal law degree and become lawyers. As per the “Rules of Legal Education” given by the Bar Council of India, there are two types of law courses leading to a bachelor's Degree in Law. These are;
LLB course - This course is popularly known as a 3-year LLB degree programme. Law aspirants can undertake this course only after completing graduation from a university recognized by the Bar Council of India.
Also Read | Types of Lawyers in India
Double-degree integrated LLB course
A double-degree integrated course is a combination of Bachelor’ degree in Law and any other Bachelors’ discipline. The degree programme will be of at least five years and students can pursue it right after completing Class 12. Some of the popular 5-year integrated LLB programmes are BA LLB, BBA LLB, BCom LLB and BSc LLB.
After completion of the programme, students are eligible to register themselves with state bar councils. Such law graduates are called lawyers.
Related: Online Law Courses & Certifications
How to become an advocate in India?
A law graduate becomes an advocate only when he/she is registered with the Bar Council of India (BCI). The council conducts an All India Bar Examination (AIBE) to set a standard for advocates. Law graduates who wish to become advocates are required to clear the AIBE exam and obtain a Certificate of Practice from the BCI. Generally, the AIBE exam is conducted twice a year and applications for it are accepted online from the official website of the council.
Those who clear the AIBE exam and have received the CoP from the council are eligible to represent their clients in a Court of Law. These lawyers are called Advocates.
Advocates uphold the interests of their clients and play a crucial role in the administration of justice. They are also bound by the rules of the Bar Council of India and accordingly, they are expected to adhere to the highest standards of probity and honour.
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