Difference Between Lawyer and Advocate - Detailed Comparisons & Explanations
"The main difference between lawyer and advocate is that a lawyer is someone who has earned a Bachelor of Law (LLB) degree and is qualified to provide legal advice, while an advocate is a lawyer who is enrolled with the State Bar Council and has passed the All India Bar Examination (AIBE), giving them the legal right to represent clients in a court of law."
In India, the terms "lawyer" and "advocate" are often used interchangeably to refer to legal professionals, but there is a significant difference between lawyer and advocate. A lawyer is someone who has earned a Bachelor of Law (LLB) degree and can provide legal advice, while an advocate is a lawyer who is enrolled with the State Bar Council and has passed the All India Bar Council exam, giving them the right to represent clients in a court of law. Although every advocate is a lawyer, not every lawyer is an advocate. This article offers a detailed comparison and explanation on what is the difference between lawyer and advocate and of their roles, responsibilities, and legal standing in Indian legal practice.
Who is a Lawyer?
A lawyer is a legal professional who has completed a law degree, typically a Bachelor of Law (LLB). Holding an LLB degree signifies that the individual has undergone formal legal education and possesses a sound understanding of the legal system and laws of the country. However, merely earning a law degree does not grant the right to represent clients in a court of law.
To practice in court and handle client cases, a lawyer must pass the All India Bar Examination (AIBE) conducted by the Bar Council of India. Once the lawyer clears this exam and registers with the State Bar Council, they are officially referred to as an advocate. Until then, they remain a lawyer qualified to offer legal advice and draft legal documents, but without the authority to argue cases in court.
Many lawyers choose to work in the corporate sector, where they serve as in-house legal advisors, compliance officers, or legal consultants. To do so, they must surrender their Bar Council licence, making them ineligible to represent clients in court. Even if such lawyers have passed the AIBE, they cannot be called advocates while employed in corporate roles. However, they can reactivate their Bar Council licence if they choose to leave corporate employment and return to court practice, thereby regaining the title of advocate.
In summary, a lawyer is someone trained in law and capable of advising clients on their legal rights and responsibilities, preparing legal documents, and interpreting laws, but becomes an advocate only upon fulfilling specific criteria set by the Bar Council.
Who is an Advocate?
An advocate is a legal professional who has registered with the Bar Council of the state and is authorised to represent clients in court. This distinguishes an advocate from a lawyer, as a lawyer does not have the right to represent clients in court until they join the Bar Council. Advocates are required to hold a professional certification, typically a Bachelor of Law (LLB) degree from an accredited law university or college, and must pass the Bar Council of India exam to receive a license to practice law in courts across India.
Once registered with the Bar Council and licensed, advocates are qualified to act as legal representatives in court, offering expert advice and advocacy for their clients. They undergo specialised training, gaining the skills necessary to argue cases, present evidence, and provide legal solutions. In some cases, advocates can also refer to entities, such as law firms or companies, that provide legal representation in court. Overall, advocates play a vital role in the legal system, ensuring that clients' cases are effectively presented in legal proceedings.
Advocate vs Lawyer: What is the Difference between Lawyer and Advocate?
Below, we have listed the difference between lawyer and advocate:
Advocate and Lawyer Difference | ||
Aspect | Lawyer | Advocate |
Definition | General term for anyone in the legal profession (including barrister, solicitor, attorney, etc.). | Legal professional who has passed the AIBE and is licensed to represent clients in court. |
Qualification | Law graduate; not necessarily enrolled with State Bar Council or passed AIBE. | Must be enrolled with State Bar Council and have passed the All India Bar Exam (AIBE). |
Courtroom Practice | Cannot represent clients in court unless enrolled and passed AIBE. | Can represent and argue cases in any court of law in India. |
Experience | Generally less experienced; may not have courtroom exposure. | More experienced; has practiced in courts and handled various legal matters. |
Duties/Responsibilities | Provides legal advice, drafts legal documents, and guides clients. | Represents clients in court, pleads cases, and defends clients’ rights. |
Expertise | General knowledge of law; may not specialize in a particular field. | Often specializes in specific areas (criminal, corporate, civil law, etc.). |
Professional Title | “Lawyer” refers to all legal professionals, including fresh graduates. | “Advocate” is an official title for those qualified to represent clients in court. |
Fees/Charges | Generally charges lower fees due to less experience and no courtroom practice. | Charges higher fees, reflecting skill, experience, and right to represent clients in court. |
Legal System Context | In India, a broader term; not all lawyers are advocates. | In India, a specific category of lawyer authorized for court representation. |
Client Representation | Can advise and draft for individuals and organizations, but cannot argue in court. | Can represent and argue for individuals and organizations in any court of law. |
In a nutshell, the advocate and lawyer difference denotes that a lawyer can provide legal assistance, an advocate is a licensed legal professional with the right to practice in courts, representing clients, presenting evidence, and arguing for the best possible judgment.
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1. What is the difference between lawyer and advocate?
The main difference between lawyer and an advocate is that a lawyer is someone who holds an LLB degree and can provide legal advice, while an advocate is a lawyer enrolled with the State Bar Council and authorized to represent clients in court after passing the All India Bar Exam.
2. Can every lawyer become an advocate?
Yes, a lawyer can become an advocate by passing the AIBE and enrolling with the State Bar Council. Until then, they are not allowed to argue cases in court. This is the main difference lies in advocate vs lawyer.
3. Can a corporate legal advisor be called an advocate?
No, if a lawyer is working in a corporate legal role and has surrendered their Bar license, they cannot be called an advocate, even if they have previously passed the AIBE.
4. Is an advocate more experienced than a lawyer?
Typically, yes. Advocates often have courtroom experience and may specialize in specific legal areas, while lawyers without Bar enrollment may not have courtroom exposure.
5. Can a lawyer provide legal services without being an advocate?
Yes, lawyers can offer legal consultations, draft contracts, and advise clients on legal matters, but cannot represent them in court.
6. Why is the advocate vs lawyer distinction important for legal representation?
The distinction is crucial because only advocates have the legal authority to represent clients in court, which affects the kind of legal services each can provide
7. What is the eligibility to become an advocate in India?
To become an advocate, one must:
- Complete an LLB degree
- Pass the All India Bar Examination (AIBE)
- Enroll with a State Bar Council
8. Are the terms 'lawyer' and 'advocate' legally interchangeable?
No. While commonly used interchangeably, legally they have different meanings. Not all lawyers are advocates, but all advocates are lawyers.
9. Can an advocate practice in any court in India?
Yes, once registered, an advocate is authorized to practice in any court across India, including district courts, High Courts, and the Supreme Court.
10. What is the role of the Bar Council of India in this process?
The Bar Council of India regulates legal education, conducts the AIBE, and ensures only qualified professionals are authorized to practice law in courts as advocates.
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