Difference Between Lawyer and Advocate in India
When it comes to legal matters, the terms “lawyer” and “advocate” are often used interchangeably. However, in India, there is a significant difference between the two professions. Let’s take a look at what sets them apart.
Definition of Lawyer and Advocate
A lawyer is someone who has obtained a law degree and is authorized to practice law in a court or as a legal advisor. On the other hand, an advocate is a specialized lawyer who has appeared and argued cases in a court of law and is qualified to represent clients in a court of law.
Legal Education and Training
Both lawyers and advocates require a law degree to practice law in India. A lawyer must obtain an LLB (Bachelor of Laws) degree and pass the bar examination to become a licensed lawyer. In contrast, an advocate must obtain an LLB degree and enroll in the State Bar Council to become a licensed advocate. Moreover, an advocate needs to pass the All India Bar Examination, which is conducted by the Bar Council of India.
Responsibilities and Duties
While both lawyers and advocates offer legal services, their duties differ in terms of representing clients in court. A lawyer can give legal advice, draft legal documents, review contracts, and represent clients in mediation and arbitration proceedings. However, an advocate can appear in court on behalf of clients, present legal arguments, examine witnesses and cross-examine the opposition, and take part in all legal proceedings. Advocates also have a code of ethics and professional conduct that they need to abide by.
Remuneration and Fees
Lawyers and advocates charge different fees for their services, which depend on the complexity and nature of the case. Advocates charge a higher fee than lawyers since their services are more specialized and involve court representation.
Conclusion
In conclusion, a lawyer is a legal professional who advises and assists clients in legal matters, while an advocate is a specialized lawyer who represents clients in a court of law. Although both professions require a law degree, training, and skills, their duties and responsibilities differ significantly. Understanding the difference between a lawyer and an advocate can help clients choose the right legal professional for their specific legal needs.
Table difference between lawyer and advocate in india
| Lawyer | Advocate |
|---|---|
| Anyone who has a law degree and is licensed to practice law is considered a lawyer in India. | An advocate is a type of lawyer who is authorized to appear in court on behalf of clients. |
| Lawyers can provide legal advice and representation in non-litigation matters such as drafting contracts, legal opinions, etc. | Advocates can provide legal advice and representation in litigation matters such as appearing in court, drafting pleadings, etc. |
| Lawyers can work in law firms, corporate companies, government agencies, or as a sole practitioner. | Advocates usually work independently or in law firms specializing in litigation. |
| Lawyers need not necessarily have to be registered with the Bar Council of India to practice law. | Advocates have to be registered with the Bar Council of India and follow the ethics and regulations set by the council to practice law. |
| Lawyers cannot argue a case in court, they can hire an advocate to represent their clients in court. | Advocates are authorized to appear in court and argue a case on behalf of their clients. |