Difference Between Lawyer and Advocate
Difference Between Lawyer and Advocate
Difference between lawyer and advocate is often used as a synonym in the layman’s world. But, in the Indian legal fraternity, there is a difference between lawyer and advocate. The difference between lawyer and advocate in India is based on a variety of factors.
In this article, we will discuss the meaning and difference between lawyer and advocate;
Who is a Lawyer?
The word ‘Lawyer’ is a basic term and the person who obtained a law degree (LLB) in Law School is known as a ‘Lawyer’.
As, the person who has a law degree is known as a lawyer, but merely having a law degree does not constitute a lawyer starting a practice in the courtroom on behalf of his clients.
There are various types of lawyers such as advocates, attorneys, solicitors, law officers etc. All of these are considered to be a specialist in the different fields of law.
All advocates are lawyers but all lawyers are not advocates, this is the statement that we can conclude there is much difference between the lawyer and advocate.
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Who is an Advocate?
The word ‘Advocate’ is used for the person who has obtained a law degree in Law School and eligible to start practising in the courtroom is known as an ‘Advocate’.
As per section 2(1)(a) of the Advocates Act, 1961, the word ‘Advocate’ is defined as ‘Advocate entered in any roll under the provisions of the Advocates Act, 1961.’
In other words, an advocate is a person who has obtained a law degree and cleared the All India Bar Examination (AIBE). After clearing the exam he gets one ‘Certificate of Practice’, also known as ‘Sanad’. And, when the lawyer gets the certificate of practice i.e. sanad, he becomes an advocate and eligible to start his practice in the courtroom on behalf of his clients.
What is the difference between lawyer and advocate
What is the Difference Between Lawyer and Advocate? The basic difference between lawyer and advocate is given below in the table;
| Lawyer | Advocate |
|---|---|
| The term ‘Lawyer’ is very general and is used to designate a student who has a degree in law i.e. LLB. | The term ‘Advocate’ is used to designate a person who has a degree in law and enrolled with the State Bar Council and cleared the All Indian Bar Examination (AIBE). |
| Lawyers cannot practice in a court after getting a degree in law. They should be enrolled in a respective State Bar Council and should pass the All India Bar Examination (AIBE). | After passing the All India Bar Examination (AIBE) and enrolling in a respective State Bar Council, a lawyer can be known as an advocate. Advocates can practice in a court of law. |
| The Bar Council of India does not regulate the conduct of lawyers. | The Bar Council of India regulates the conduct of the advocates and also controls the activities of the advocates. |
| The lawyers have only academic experience. | The advocates have academic as well as practising courtroom experience. |
| The lawyer could not conduct cases before the courtroom. | The advocate can conduct cases effectively before the courtroom. |
| Lawyers can engage themselves in any other business or profession. | Advocates cannot engage themselves in any other business or profession. |
| The charges or fees of a lawyer are low since he/she does not have the experience to conduct a case in a court of law. | The charges or fees of an advocate are high since they give legal services and are skilled and qualified to represent the clients and fight for them in legal matters in court. |
Frequently Asked Questions
What is the difference between lawyer and advocate?
The term ‘Lawyer’ is very general and is used to designate a student who has a degree in law i.e. LLB. The term ‘Advocate’ is used to designate a person who has a degree in law and enrolled with the State Bar Council and cleared the All Indian Bar Examination (AIBE).
Which is better lawyer or advocate?
The primary difference between the responsibilities and duties of a lawyer vs an advocate is that a lawyer has less experience and might not represent clients in court. Comparatively, advocates are more qualified in legal matters and can represent their clients.
What is the difference between lawyer and advocate in Hindi?
An advocate is a lawyer but a lawyer cannot be an advocate. Jiske pass law degree hoti he wo lawyer hota he or jo lawyer AIBE exam pass kar leta he or State Bar Council se enrollment karke apna advocate ka license banwta he, wo advocate hota he.
Who earns more lawyer or advocate?
The charges or fees of a lawyer are very nominal compared to an advocate since he/she does not have the experience to conduct a case in a court of law.
Conclusion
Difference between lawyer and advocate is that the advocate is a licensed legal professional and has the right to practice in the court of law in India. Lawyers can only give legal assistance to clients, while advocates represent them in court and fight for their rights by providing evidence on behalf of the clients and arguing to get the best judgement for their clients.