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Difference Between Lawyer and Advocate
Lawyer and Advocate are the commonly used words in the legal system because they signify the initial functionalities of a person when he or she enters the field. Though, these two are not just words rather designations which are conferred on those who possess the relevant degree and skills. Nevertheless, both sound similar to a layman, hitherto the distinction is very simple which can be easily understood in terms of their respective degrees, functions, and entitlements.
What is the meaning of Lawyer?
A Lawyer is a person who has studied legal education for a specified duration of time and has a law degree from a recognized institute. He is a person who is eligible to give the All-India Bar Examination for enrollment as an Advocate with the Bar Council of India which empowers him or her to practice in any court across India. Thus, a Lawyer can become an Advocate and so forth afterwards.
Moreover, there are other options as well which can be availed by a lawyer for example to be a legal researcher, legal journalist and teacher. Although, a Lawyer cannot practice law in the Court as he or she does not have a license to practice which is possessed by an Advocate.
What is the meaning of Advocate?
Advocate, also known as a Legal Practitioner is a person who practices law in the Courts. A person becomes an Advocate when he or she is enrolled with his or her respective State Bar Council and All-India Bar Council and receives a license for the same. Additionally, an Advocate is the only person who is authorized by the law to represent their clients in legal and judicial proceedings and no one else.
Further, the Advocate Acts of 1961 is a statutory enactment which governs the entire qualifications and professional conduct of Advocates throughout the country and it says under Section 2(1)(a) that “advocate” means an advocate entered in any roll under the provisions of this Act.
Further an Advocate can become an Advocate-on-Record who is the only person entitled to file a case in the Supreme Court. And this is the designation which is conferred on those people who clears the AOR Exam for which the qualification includes an experience of four years along with a training under an Advocate-on-Record for one year.
Moreover, Senior Advocate is the designation which is conferred by High Courts and Supreme Court on those legal practitioners who has an experience of 10 years as a standing counsel and is above the age of 45 years.
Difference Between a Lawyer and an Advocate
The below provided table present a categorical distinction between a Lawyer and an Advocate −
Basis |
Lawyer |
Advocate |
|---|---|---|
Qualification |
A Person with a Law degree from India is a Lawyer. |
A Lawyer or Barrister with a license to practice in court is an Advocate. |
Function |
A Lawyer can work as a Legal Intern with an Advocate. |
An Advocate can practice in Court which means that he or she can represent his clients in legal and judicial proceedings. |
Duty |
A Lawyer can advise on legal matters on the basis of past experience and theoretical knowledge. |
Apart from advisory work, the most sacred duty of an Advocate is to represent his or her client to the best of his or her ability in all the proceedings. |
Liability |
There can be no liability against a Lawyer for wrong advice or professional misconduct. |
An Advocate is liable for professional misconduct under the Advocates Act and can be subject to an inquiry by the Council. |
Entitlements |
A Lawyer can become anything including an Advocate and can engage himself or herself in any profession. |
An Advocate can become an Attorney (Government Legal Advisor), Public Prosecutor, Government Pleader and a Judge as well. Although they cannot be a permanent employee of a corporation and cannot engage in any other profession. |
Other Designations |
Law Graduate & Barrister (Law degree from England). |
Counsel, Legal Practitioner, Associate, Attorney, Consultant & Solicitor. |
Conclusion
A Lawyer can become an Advocate once he or she is enrolled with the Bar Councils which confers a license to them for practicing in Courts. Though these two terms can be differentiated from each other, they need not to be confused with other words. For instance, a Barrister is a person who studies law in England and is equivalent to a Lawyer in India although he or she is not an Advocate.
Advocate General (1st Law Officer of the State) is the Legal Counsel of the State Government and Attorney General of India (1st Law Officer of the Country) is the Legal Counsel of the Union Government. Solicitor General (2nd Law Officer of the Country) helps the AG in his or her work. Lastly, a Public Prosecutor represents the government in criminal matters and a Government Pleader represents the government in civil matters.
Thus, it is just different aspects which makes crucial distinctions between the officers of the legal profession and influences the entire fraternity.
Frequently Asked Questions
Is LLB graduate a lawyer?
The undergraduate law degree known as the LLB (Latin Legum Baccalaureus) is regarded as the very first step towards becoming a licensed attorney or barrister. The LLB degree permits graduates to either begin working in the legal field or continue their education with an LLM.
Who is better lawyer or advocate?
The main distinction between the responsibilities and obligations of an advocate and a lawyer is that an advocate typically has more expertise and may not always represent clients in court. Advocates, on the other hand, are better suited to handle legal issues and can represent their clients.
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