Difference between Lawyer and Advocate: Were you also the one who used to believe that Advocates and Lawyers are the same? Well, they are not. Many people have a misconception that Advocates and Lawyers are the same and ends up calling the person who represents a client in the court a “Lawyer”. However, till the end of this article you’ll get to know all the key differences between an advocate and a lawyer.
Major Difference between Lawyer and Advocate
Who is a Lawyer?
A legal expert who has graduated from law school with a Bachelor of Law (LLB) degree is referred to as a “lawyer” in common terms.
Any person with a legal background who has gone to law school refers to themselves as a lawyer. It is a general phrase that refers to anyone who studies or works in law. Anyone who has recently completed their legal studies or is still in the process of doing so is a lawyer.
Solicitor, attorney, and barrister are just a few of the additional titles for a lawyer. Though they are all lawyers, each one of them is an expert in a certain area.
Lawyers typically have less experience, but they have not yet accumulated the experience needed to specialise in a particular area of law. Although they are skilled at providing legal counsel to their clients, they might not stand in for them in court. A lawyer may earn more money as they rise into more senior roles and gain experience.
Who is an Advocate?
Depending on the circumstances of the case, an advocate is a skilled and licenced professional who represents their client in court in exchange for payment. Advocates offer clients valuable tools and resources to help them build a compelling case.
These experts assist clients in managing and comprehending legal challenges by applying their legal knowledge. Advocates aim to obtain a favourable ruling or judgement for their clients while making an argument on their behalf. Advocates can either handle or manage criminal cases as well as civil cases like client disputes.
“Advocate” refers to a person appointed as an advocate under The Advocate Act of 1961. The Advocates Act of 1961’s Section 2(1)(a) defines the term “Advocate” as
Advocate is typically solely used to refer to lawyers. This is a legal expert who is qualified to represent his or her clients in court in an effort to help them win the case or receive compensation, depending on the circumstances.
How does a lawyer become an Advocate?
Legal education is required to become a lawyer, however they are not permitted to represent their clients in court. To qualify as an advocate, a lawyer must meet certain requirements.
Candidates who hold a legal degree but are not solicitors are required to take the Bar Council of India test, also referred to as the BCI examination. The lawyer must ace the exam in order to be added to the BAR council list. The candidate will thereafter receive authorization from the bar council to practise law in a court setting and so become an advocate.
What Do Lawyers Do?
Difference between a lawyer and an advocate A lawyer is a person with legal training who works as a lawyer, a counsellor, an advisor, a solicitor, or a barrister. A candidate must have finished the required course of study and obtained the required credentials in order to become a lawyer in order to practise law.
The common law system serves as the foundation for the legal system of India. In terms of fundamental concepts, the nation’s structure is extremely reminiscent of that of England. In India, a university offers a five-year programme (integrated BA-LLB or BBA-LLB) for the study of law.
What Does an Advocate Do?
Advocates are trained to represent their clients in court and are considered to be legal professionals with specialised knowledge in the law. In this instance, it could be a person or an organisation, such a business or a bank.
The prerequisites for this programme include a professional certification from an approved legal education programme as well as an Indian legal practise licence.
An advocate is given a licence to practise as soon as they pass the Bar Council of India exam.
Key Differences Between Advocates and Lawyers
Here are some significant distinctions between an advocate and a lawyer:
Lawyers utilise their expertise to guide clients through and understand legal issues. Although their duties may vary based on their area of specialisation, most lawyers carry out the following tasks:
- Accompany clients to hearings and trials
- Together with the police and detectives, create a compelling case to be used in court.
- Review a case and give clients legal choices
- Make a case for a client in front of the judges.
- Assemble and arrange evidence and legal documents
- Collect evidence and do legal studies
- Draught, analyse, and oversee estate, trust, and deed documents
- Control and supervise paralegal and legal assistants
Advocates, in contrast, are professionals who use their legal expertise to explain legal concerns to organisations and individuals. Typical tasks performed by lawyers include:
- The preparation of trials and other proceedings, as well as assisting police and investigators with their investigations.
- Informing authorities of grievances against court personnel will help to ensure the effectiveness of the judicial system.
- educate, instruct, and investigate necessary legal issues
- Respect your opponents and other competitors by acting appropriately in court.
- Do a lot of study about the situation at hand.
- Give the court the records and evidence it needs to make a decision.
- Examine and create contracts for customers.
- Attend court dates if there is a continuing legal issue between the parties.
The main need to become a lawyer is to pursue a Bachelor of Legislative Law (LLB). Candidate must have successfully completed their 10+2 in any field in order to enrol in the three-year undergraduate programme.
After passing an entrance exam, candidates can enrol in an LLB programme. Family law, criminal law, business law, and cyber law are all included in an LLB degree. Even advocates need to have an LLB.
Both solicitors and advocates must pass the All India Bar Exam and join a state bar council. These professionals join in a state bar council after passing the exam to represent clients in court proceedings and become advocates.
Lawyer:-The salary is small since it’s possible that the attorney won’t have the knowledge and experience needed to effectively represent clients in court.
Advocates:-Advocates charge much more than lawyers for their services because they are better informed and prepared to represent their clients in a variety of legal contexts.
It’s crucial to remember that in India, a lawyer and an advocate differ in that a lawyer cannot appear in a court of law. He is not in a position to present a case before the court.
The only person with the authority to make a case in court is an advocate.
Given that solicitors can draught legal papers and give legal advice to their clients, but they cannot represent a client in court unless they have taken the All India Bar Examination, advocates and attorneys have different areas of practise.