The terms ‘lawyer’ and ‘advocate’ are frequently used interchangeably in the legal community especially while seeking legal remedies in the courts. However, it is important to note that the two words have different meanings.
The meanings of the two nouns will be examined in this article despite this, they differ from one another due to a variety of circumstances. The reader will know when to use Advocate and when to utilise Lawyer at the end of the article.
What is difference between advocate and lawyer?
A lawyer is a term that refers to a legal professional who has graduated from law school with a Bachelor of Laws (LLB) degree. Legum Baccalaureus (LL.B.) is a Latin phrase that signifies “Bachelor of Law.” As a result, law professors, barristers, advocates, attorneys, and solicitors are all considered lawyers. Lawyers, on the other hand, are qualified to provide legal advice to anybody, but they do not have locus standi, or the power to plead and appear in court on behalf of anyone.
Let us introspect by the definition, who is a lawyer?
A lawyer is a general term for anyone who has earned a law degree. Lawyers come in a variety of forms, including advocates, attorneys, and solicitors. All of them are considered experts in their respective disciplines of law. It is possible for a lawyer to be ineligible to represent a client in court.
Many lawyers, on the other hand, work in the corporate world. If a law graduate wants to work in a corporate setting, he must give up his Sanad. As a result, law graduates who work in corporate settings are ineligible to appear in court. As a result, Corporate Lawyers are not considered Advocates.
What are the Duties of lawyer?
- Provide legal advice,
- Can handle legal litigation,
- Depending on the type of lawyer, the role and responsibilities may differ.
On the Other hand, let’s explore the definition, Who is an Advocate?
The term “advocate” is normally reserved for lawyers. This is a lawyer who has earned a law degree and is qualified to represent clients in court. A competent legal practitioner who has not only received a law degree but also registered as a practising advocate with the Bar Council of India is known as an advocate.
The term “advocate” is defined under Section 2(1)(a) of the Advocates ACT, 1961, and they are exclusively governed by that act.
For example, after completing his law degree, a student must sit for an exam administered by the All India Bar Association (AIB). After passing the exam, the student is awarded the title of ‘Sanad.’ Sanad is a qualifying condition for practising law in Indian courts. As a result, a law graduate with a Sanad can be referred to as an advocate.
What are the duties of an advocate?
- Represent a client in a legal proceeding.
- Speak on a client’s behalf,
- Can Plead On Behalf of the clients
An advocate is now referred to by three different terms. These are the terms:
- Advocate
- Senior advocate
- Advocate on record
Senior advocate
A senior advocate is a lawyer with a law degree who is qualified to represent his clients in a court of law. The Supreme Court or the High Court may designate an advocate as a senior advocate.
The following are the requirements for becoming a senior advocate:
- He should have been 45 years old by now.
- He must have a minimum of ten years of experience as an advocate.
- In many circumstances, the person must present.
- The code could also see how many cases went his way.
This Supreme Court or High Court may designate an advocate as a senior advocate after considering all of these factors. So, in essence, a senior advocate’s classification is based on an advocate’s knowledge and experience.
Advocate on record (AOR)
Every court, in general, has its own set of rules and functions for carrying out its business. Similarly, only an advocate on record can file the Vakalatnama for litigation, an affidavit, a petition, or any other application on behalf of his client at the Supreme Court of India.
Only the lawyer on record can submit a matter before the Supreme Court, according to the Supreme Court of India. Any other advocate, on the other hand, can write and argue the case but not file it before the Supreme Court. The Supreme Court’s reasoning for this regulation is that it does not want to squander the court’s time. An advocate with a track record is well-versed in the SC’s rules and procedures.
Who can Become AOR?
An advocate must pass the Supreme Court AOR test to become an AOR.
What is the eligibility for the Supreme Court AOR exam?
If a lawyer were to administer the Supreme Court AOR test,
- The advocate must have a total of 5 years of experience, including 4 years of practise and 1 year of experience under any Supreme Court AOR.
- The AOR under whom the lawyer is practising must have more than ten years of Supreme Court of India experience.
This is the distinction between an advocate, a senior advocate, and a record advocate.
If the government need legal counsel, the Attorney General serves as the government’s legal advisor.
Conclusion
In essence, a lawyer is a genus that includes everyone who has earned a law degree, whereas an advocate is a specie that only comprises lawyers who are qualified to practise in a court of law as an advocate.
In the most fundamental sense, all Advocates are Lawyers, but not all Lawyers are Advocates.
Basic Difference
Differences between Lawyer and Advocate
| Lawyer | Advocate |
| The term ‘lawyer’ is fairly broad and can refer to anyone working in the legal field, including solicitors, barristers, and lawyers. | An advocate, on the other hand, is a competent professional who, depending on the nature of the case, represents the client in a court of law, asking for compensation or release. |
| In India, lawyers and law graduates must join a state bar council and pass the All India Bar Exam before practising in a court of law. | After passing the bar test and becoming a member of a state bar council, an individual can call oneself or herself an advocate and represent clients in court. |
| Lawyers have less experience than advocates because they have only recently graduated from law school and have yet to gain the requisite experience to represent clients. | They can be considered more experienced than lawyers because they have had the opportunity to practise law in a variety of settings. |
| A lawyer’s duties and obligations include providing legal advice to clients, although they cannot represent them in court. | Because advocates have such a broad range of legal knowledge, experience, and expertise, they are frequently involved in representing their clients, and when pleading on their behalf, advocates do all possible to obtain the best possible outcome for their clients. |
| A lawyer’s fees and pay are modest because he or she may lack the required expertise and knowledge to litigate in a court of law. | Advocates charge substantially more for their services than lawyers since they are more skilled and qualified to represent their clients in a wide range of legal issues. |
| Lawyers’ behaviour is not regulated by the Bar Council of India. | Advocates’ activities are regulated and controlled by the Bar Council of India. |
| Lawyers typically lack courtroom experience and rely on their academic credentials. | Advocates have courtroom experience and can effectively manage cases. |
| Lawyers can work in almost any industry or profession. | Advocates are prohibited from working in any business or profession.They can, however, be sleeping partners in a business or firm. |
| Lawyers can devote their full time to intellectual pursuits such as teaching. | Advocates can participate in academic activities as well, although not full-time. |
| A lawyer cannot be called an advocate. | An advocate can be called a lawyer. |
Let’s Explore More
Who is a barrister?
A lawyer is also referred to as a barrister. A lawyer is someone who has completed a law degree from any institution in India, but a barrister is someone who has studied law in England. In addition, the barrister can represent his client in court. It simply means that a lawyer and a barrister are two different terms, but they cannot both represent their clients in court.
Who is an advocate general?
“Maha Adhivakta” is another name for the advocate general.
Every governor selects an advocate general for his or her state. A general advocate
- In any court case, he represents the state government.
- The advocate general is often regarded as the state’s first legal officer.
- If the state government need legal counsel on any legal problem, he serves as a legal advisor.
Who is an Attorney General?
The Attorney General is a lawyer who:
- In any legal concerns, he represents the central government in court.
- Also recognised as the country’s first law officer.
- The Attorney General of India is appointed by the President of India.
Who is a solicitor General?
A solicitor general is sometimes known as the country’s second legal officer. A solicitor general assists the Attorney General in handling legal matters involving the federal government.
Who is a public prosecutor?
Public prosecutors are government officials who, on behalf of society and in the public interest, ensure that the law is followed when a violation of the law results in a criminal penalty, while taking into account both individual rights and the criminal justice system’s overall efficacy.
Who is a government Pleader?
An advocate designated by the government to conduct matters for and on behalf of the state in civil courts at the district headquarters is referred to as a district government pleader.
Frequently Asked Questions about Lawyers and Advocates
What is the difference between an advocate and a lawyer?
No, the phrases advocate and lawyer are not interchangeable. An advocate is a person who has registered with the Indian Bar Council and is qualified to represent a client in a court of law. However, a lawyer is someone who is studying law or has finished a legal degree but has not yet registered with the Indian Bar Council.
Is an advocate higher than a lawyer?
In the sphere of law, an advocate can accomplish more than a lawyer. He has completed his legal degree and has registered with the bar council. He has the ability to represent his clients in court.
What steps does a lawyer take to become an advocate? (OR) How does a lawyer become an advocate?
A lawyer must take the bar council test after completing their legal degree. He will be eligible for enrollment after passing the exam, and the bar council will issue him a licence. A lawyer becomes an advocate after finishing this procedure.
Who is allowed to make a legal argument in court? (OR) Who can plead in court?
A person who has been trained as an advocate is qualified to make a legal argument in court. He is capable of dealing with his clients’ matters in front of the court, as well as making arguments and providing oral and documentary evidence.
I hope that after reading this article in its entirety, you now understand the differences between all of the terms used to describe a person with a legal degree, as well as their designation and experience in the area of law. So the next time someone announces himself as an advocate, you’ll know he’s registered with the Bar Council of India and can represent clients in court.
