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Updated on 22nd February, 2024 , 6 min read
Lawyer and advocate are frequently used in the judicial system when requesting legal matters in court. People often use lawyer and advocate interchangeably, yet they are two different terms. Lawyer is a general term for a legal expert who has graduated from law school with a Bachelor of Law (LLB) degree. When a lawyer joins a bar association, he is regarded as an advocate.
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Generally speaking, a lawyer is a person who has acquired a law degree or pursuing a law degree. Some of the popular law degrees are:
Any individual who has completed a law degree, whether it be a 3-year LLB course or a 5-year integrated law course, is referred to as a lawyer. However, having a law degree doesn't qualify a lawyer to represent clients in a court of law.
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A lawyer becomes an advocate once he or she joins a bar association. When someone identifies themselves as an advocate, it indicates that they have registered with the bar council. He is entitled to speak for his clients in court. This is the primary difference between a lawyer and an advocate.
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The name "Maha Adhivakta" is another name for the attorney general.
Every state's governor selects an advocate general to represent that state.
The roles and responsibilities of a general advocate are:
An advocate is the attorney general, who:
Barrister is a different term than a lawyer. If you earn your legal degree from any Indian college, you are regarded as a lawyer, but if you study law in England, then you are regarded as a barrister. In court, the barrister might also speak for his client. In other words, a lawyer and a barrister are merely two different phrases. In actuality, neither of them can represent a client in court.
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The table below mentions the major differences between a lawyer and an advocate:
Parameters | Lawyer | Advocate |
Meaning | Any member of the legal profession, such as a solicitor, barrister, or attorney, may be referred to as a "lawyer" in the most general sense. | An advocate is a competent person who represents the client in court, pleading and arguing for payment or a release based on the circumstances of the case. |
Client Representation | If lawyers or law graduates in India desire to practice in a court of law, they must join a state bar council and pass the All India Bar Exam. | After passing the bar exam and joining a state bar council, a person can refer to themselves as an advocate and represent clients in court. |
Experience | As they have only recently graduated from law school and lack the requisite experience to represent clients, lawyers have less experience than advocates. | They might be regarded as having greater experience than lawyers because they have had the chance to practice their expertise in numerous legal fields. |
Legal Advice | The obligations of a lawyer include providing their clients with legal advice, but they are not permitted to represent them in court. | Advocates are extensively involved in defending their clients most of the time because of their extensive knowledge, expertise, and skill in legal matters. When arguing on their behalf, advocates do everything possible to obtain the greatest outcome for their clients. |
Salary | Due to the possibility that the lawyer may lack the expertise and experience necessary to effectively represent clients in court, the salary compensation is modest. | Since advocates are more knowledgeable and equipped to represent their clients in a wide range of legal situations, advocates charge significantly more than lawyers for their services. |
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Here is the basic difference between a lawyer and a barrister:
Lawyer | Barrister |
Lawyer is a person who administers lawsuits for clients and provides advice to the clients on their legal rights and obligations. | Barrister is a legal practitioner whose primary responsibility is to practice advocacy in the court of law. They usually have very less interactions with the clients. |
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A lawyer is someone who has completed their legal education, but they are not permitted to represent their clients in court proceedings. To become an advocate, a lawyer must meet certain requirements.
If a candidate has finished their law degree and is not a lawyer, he/she must take the BCI test, which is also known as the Bar Council of India exam. The lawyer must pass the exam to add their name to the BAR council list. Following this, the bar council will provide the candidate with a license to practice law in court.
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The following are the basic eligibility requirements to become a senior advocate:
The following are the basic eligibility requirements to become an Advocate on Record:
Typically, there are three terms used for advocates
Advocate: A person who holds a law degree and is registered with the Bar Council of India is an advocate. The bar council has given him or her permission to show up in court and defend his client.
Senior advocate: A senior advocate is an advocate lawyer who is qualified to represent clients in legal proceedings. The Supreme Court or High Court may designate an advocate as a senior advocate as per their experience.
Advocate on record (AOR): Generally speaking, each court has its own set of procedures and rules for conducting court proceedings. The Supreme Court of India also has the authority to establish rules and regulations, such as the requirement that only an advocate on record files a Vakalatnama for litigation, an affidavit, a petition, or any other application on behalf of his client in the Supreme Court of India.
According to a ruling by the Indian Supreme Court, only the advocate on record is permitted to submit a matter to the Supreme Court. While any other advocate may create and present the case, they may not submit it to the Supreme Court.
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By - Nikita Parmar 2024-09-06 10:59:22 , 6 min readYes. Lawyer and advocate are two different terms. Any person who has completed legal education or is pursuing a law degree is regarded as a lawyer. An advocate is a person who has passed the bar exam and registered with the bar council. Any lawyer who wishes to represent a client in court must register with the bar council.
Advocate is typically solely used to refer to lawyers. This is a person who has earned a legal degree and is qualified to represent clients in court. Advocate is called Barrister in Scottish and South Africa. It must be noted that Mahatma Gandhi, who returned to India from South Africa was a barrister.
A lawyer must pass the All India Bar Council Examination and register with the Bar Council of India to practice law in the court of law and fight cases on behalf of clients.
Advocates are better than lawyers as they have the power to represent clients in the court of law and advise their clients in legal matters and obligations.
A lawyer must take the bar council exam after earning their law degree. After passing the exam, he/she will be qualified for enrolment and the bar council will issue him the licence. A lawyer eventually becomes an advocate after finishing this process.
An advocate is a person who represents a different party’s interests before any other judicial authority.
Follow these steps to become an advocate: 1. Complete 10+2 from a recognized board. 2. Get a graduation degree in LLB course. 3. Secure experience through internships and projects. 4. Enroll with State Bar Council 5. Clear All India Bar Examination (AIBE).
The average lawyer advocate salary in India is INR 1 to 8 LPA.