A lawyer and an advocate have valuable roles in the judiciary. They are both well-versed in laws, rules, and regulations and are trained to analyse complex legal problems.
Nevertheless, there exists a huge difference between these professionals. Unlike a lawyer, an advocate is a part of the judiciary. Advocates represent their clients in court, and lawyers give expert legal advice.
The difference between the two does not lie only in the role they play in a legal system. Rather, it also consists in the experience, practice, representation in the court, etc. In this blog, we have explained to you in detail, “What is the difference between a lawyer and advocate?” to help you understand them.
Lawyer vs. Advocate: A Comparative Overview
1. How Definitions Set Lawyers and Advocates Apart
However, both the terms, i.e. Lawyer” and ” advocate,” sound quite similar to common people and are often used interchangeably. However, there is a significant difference between them that should be noted when discussing legally—primarily the definition.
A lawyer is a person who has graduated with a law degree (LLB or integrated undergraduate law degree). The word “lawyer” can be used to refer to any person engaged in the legal profession, such as any solicitor, barrister and/or attorney. An advocate is someone who is knowledgeable about the law and represents clients in legal matters.
2. Responsibilities That Set Lawyers and Advocates Apart:
Lawyers have the following responsibilities:
- Participate in trials and hearings
- Work with police & investigators
- Perform a legal opinion on a case and give it to a client
- Book case management meetings, interviews, and assessments with their clients and witnesses for the case
- Perform research and collect evidence for clients’ purposes
- Give advice to clients in their legal matters on their constitutional rights
The role of an advocate is:
- Assist the police and investigator to present themselves well-prepared in the proceedings
- Report complaints of court employees to the authorities
- Do legal research on the matter.
- Show respect in court and behave well
- Provide the required evidence to the court to reach a conclusion in a legal matter.
3. Scope of practice
A lawyer may give legal counsel to individuals who approach them for legal assistance and even to organizations such as companies, colleges, or universities. Apart from giving advice, they also draft the documents required in the legal process but cannot practice in a court of law.
An advocate specializes in advocating and representing his clients. If lawyers want to practice in a court, they can also do the same provided they are enrolled with a state bar council. Once you’ve registered, you’ll have to pass the AIIB Exam as well to represent the clients and defend them in court.
4. Courtroom Representation
Lawyers can not represent clients in court as they have just graduated from law school with no experience at all. In order to serve their client’s best interests, they must gain experience to represent their clients.
Qualifying for the Bar Council Exam makes the person an advocate. They have a wealth of knowledge, experience, and skill about the legal aspects that make them eligible to practice in any court of law after passing the exam and joining a state bar council.
5. Experience
Since lawyers are those legal professionals who have just graduated from law school, they do not have the necessary experience. Have knowledge of the law, including legislation, rules and regulations, and case law. But when it comes to experience in terms of how many years the lawyer has practiced in a court, then it turns out to be zero.
Advocates have more experience in a variety of judicial settings during their careers. They come with many different types of knowledge, experience, and skills, as they have been working with their clients and making the outcomes work in their favor. Their clients can be a person or an entity like a company, a bank, an organization, etc.
6. Expertise
One of the key differences between advocates and lawyers lies in the area of expertise they have. While advocates typically specialize in specific areas like criminal law, corporate law, etc. Lawyers, on the other hand, have a general knowledge of legal proceedings and may not specialize in any particular area.
7. Legal System Variations
In the context of a country’s legal system, the two may be different things for people. In the country of India, advocate means a particular type of attorney working for his/her client.
8. Professional Titles
Advocate” is used as an official title for those legal professionals who are qualified to represent clients in a court of law. The word Lawyer” is used for all legal professionals, from Law graduates to Attorneys.
9. Fees/ Charges
Experts and advocates, who are more adept and experienced, cost more than a lawyer to represent their clients in a broad range of legal cases. While lawyers charge low fees from the clients since they do not have the necessary experience required to litigate in court.
10. Salary
Being an advocate, they get an additional qualification in comparison to lawyers. Their earning scope is more than a lawyer because they can represent their clients and defend them as per the circumstances. The salary of a lawyer in India varies from Rs. The salary of an advocate in India is between Rs. 1-11 Lakhs per annum. 1.1 -9 Lakhs per annum.
Who is a Lawyer?
A lawyer is a person who has been awarded a law degree. According to the law, a lawyer in the corporate sector who is a law graduate cannot defend their case in court, so they are not advocates. A lawyer who is a law graduate in the corporate sector cannot be termed as an advocate, as he/she cannot defend his/her client in court.
Who is an Advocate?
An advocate is given permission to act on behalf of his/her client in various cases in the court. They strive to ensure their clients are protected, and their interests are represented, and, in the case of a settlement, a good outcome.
So how can a Lawyer be an Advocate?
Advocates can be created by lawyers simply following the prescribed format required to become an advocate. After obtaining a legal degree, one must pass the Bar Council of India examination, commonly referred to as the BCI examination, to qualify as a lawyer. Then you’ll need to register yourself with a state bar council, and once you receive the license, you will be able to practice in a courtroom, which makes you an advocate.
The detailed procedure to become an advocate is given below:
- Educational Qualification: The process of a student becoming a lawyer starts at the end of class XII itself. Once the candidates have passed the board exams, they will have to look for a suitable law college and begin their preparations for the law entrance exams. Admission can be taken through the CLAT or AILET exams. And get a Bachelor’s degree in law from a recognized university. The degree can be a simple law graduation degree (LLB) or an integrated degree such as B.Com LLB, B.Sc LLB. At the time of graduation, the students may choose among a variety of options such as corporate law, criminal law, taxation law, etc. to specialize in a chosen field within the law.
- Bar Council Exam: After completion of the LLB Course or Integrated LLB Course, the candidate has to appear for the All India Bar Examination (AIBE) conducted by the Bar Council of India (BCI) annually. Followed by submitting all the necessary documents and paying the required fees.
- Register with State Bar Council: This is the next step and would involve registering/enrolling with the Bar Council of the State in which you plan to practice. Doing so will get you a Certificate of Practice” through which you will be approved to practice in any court of the state you registered with.
- Optional Specialization: To acquire more skills and to have an edge in the world of practice. The lawyers also have an opportunity to earn a specialization in a specific area by obtaining a Master’s degree (LL.M.).
- Training: You must obtain training after graduating from high school, either as an intern or associate, with lawyers or law firms. This step is a must, as if you get the bookish knowledge, it will not be sufficient for you, and you anyway need to know what the actual work is like.
- Practice: Once all the above-listed steps have been completed, you can begin practicing with a law firm or on your own. Students will obtain hands-on experience through practicing, where they receive advice on legal matters from legal experts, draft legal documents, and perform other duties, such as non-litigation work.
FAQ,s
What’s the difference between a lawyer and an advocate?
The fundamental and primary distinction between a lawyer and an advocate is the meaning of the word. While lawyers can’t practice in the courts and can only provide assistance to their clients, advocates can practice in the courts.
Why can’t lawyers represent their clients in court?
As lawyers are law graduates and don’t have the requisite experience required to represent clients in the courtroom, they can’t represent in courts.
Is it possible for a lawyer to become an advocate?
Yes, an advocate is a lawyer.
Seniority: What does it mean? Who qualifies as senior? Advocate or Lawyer?
Advocates and lawyers are ranked according to their years of experience in their practice.
What do I need to do to become an advocate?
As soon as you graduate with a law degree, you must take the AIB exam, register with the State Bar Council, and practice in court as an advocate.
Average salary of lawyers in India?
The average salary of Lawyers in India is INR 250000.
How to enroll/register with the State Bar Council?
To enrol in the State Bar Council, candidates should submit the required documents and pay the prescribed fee.
Is there any option for becoming an advocate after LLB?
Of course, you can. To be able to practice in court, advocates must obtain a law degree (LLB).
