What is the Difference Between Lawyer and Advocate?

In the legal world, the terms “lawyer” and “advocate” are often used interchangeably, leading to confusion for those who are not familiar with the nuances of the legal profession. While both are legal professionals, there are distinct Difference between lawyer and advocate. In this blog, we will explore the difference between advocate and lawyer in India, including their responsibilities, qualifications, and areas of expertise. Whether you are looking to pursue a legal career or simply want to better understand the legal system, this article will provide valuable insights into these important distinctions.

Difference Between Lawyer and Advocate in India

What does an Advocate Do?

An advocate is a lawyer who is registered with the Bar Council of India and has a license to practice in the courts. In India, advocates are regulated by the Advocates Act, 1961, which governs their professional conduct and ethics. Advocates have the right to appear in court on behalf of their clients and can argue cases before judges. They are authorized to represent clients in all types of legal proceedings, including civil, criminal, and constitutional cases. Advocates also provide legal advice and draft legal documents for their clients.

Advocates have several duties, including:

1. Providing legal advice to clients.
2. Advocating on behalf of clients in court or other legal processes.
3. Making and checking legal documents, contracts, and wills.
4. Negotiating settlements on behalf of clients.
5. Conducting legal research to support their clients’ cases.

Advocates in India are categorized into two types – Senior Advocates and Junior Advocates. Senior Advocates are experienced lawyers who have been recognized for their expertise in a particular area of law. They are appointed by the Chief Justice of the High Court or the Supreme Court and have certain privileges, such as the right to wear a gown in court and the right to address the court before other advocates. Junior Advocates, on the other hand, are lawyers who are still establishing their practice and do not have the same privileges as Senior Advocates.

What Does a Lawyer Do?

A lawyer is someone who has completed a law degree from a recognized university and has been enrolled with the Bar Council of India. Once enrolled, a lawyer can practice law and offer legal advice to clients. Lawyers can represent clients in court and can also provide legal services outside the courtroom, such as drafting contracts and agreements. Lawyers have several duties, including:

1. Giving clients legal counsel.
2. Acting as a client’s advocate in court or other legal processes.
3. Creating legal papers like wills and contracts.
4. Representing clients in settlement negotiations.
5. Performing legal research to bolster the claims of their clients.

Is There Any Difference Between Lawyer and Advocate – Lawyer Vs Advocate

They can work in law firms, government agencies, or as in-house counsel for companies. Both lawyers and advocates are licensed legal professionals who are qualified to provide legal advice and represent clients in court. The fact that the two have some notable difference between lawyer and advocate nevertheless crucial to notice. Qualifications and eligibility to become a lawyer in India, one must have completed a three-year or five-year law degree from a recognized university. After completing their degree, they must enroll with the state bar council and pass the All-India Bar Examination (AIBE) to obtain their license to practice law. To become an advocate, one must first become a lawyer and then enroll with the state bar council as an advocate. Only those lawyers who have been enrolled as advocates are allowed to appear in court and represent clients.

 1. Scope of practice
A wide range of legal issues can be handled by lawyers, who are trained to advise and represent clients. They may work in various areas of law, such as civil law, criminal law, corporate law, intellectual property law, and more. Lawyers may also draft legal documents such as contracts, agreements, wills, and deeds.
Advocates, on the other hand, are lawyers who specialize in representing clients in court. They are the only legal professionals who are authorized to appear in court and argue on behalf of their clients. Advocates are usually retained by clients who have a dispute that needs to be resolved through the legal system.

 2. Appearance in court
As mentioned earlier, only advocates are authorized to appear in court and represent clients. Lawyers who are not enrolled as advocates are not allowed to argue cases in court, but they may assist advocates by providing legal research, drafting legal documents, and advising clients.
Advocates are classified into two categories: senior advocates and junior advocates. Senior advocates are highly experienced and respected lawyers who have been designated by the court. They have the right to argue cases directly in the Supreme Court of India and high courts. Junior advocates, on the other hand, are lawyers who have recently been enrolled as advocates and have not yet been designated as seniors.

 3. Code of ethics
Both lawyers and advocates are bound by a code of ethics and professional conduct. The Bar Council of India has established rules and regulations that govern the behavior of legal professionals. These rules ensure that lawyers and advocates maintain the highest standards of integrity, confidentiality, and professionalism.
However, advocates are held to a higher standard than lawyers because they are officers of the court. They are required to maintain the dignity and integrity of the court and to not engage in any conduct that may undermine the administration of justice.

 4. Fees and remuneration
Lawyers and advocates may charge fees for their services, but the fee structure is different for both. Lawyers usually charge a fixed fee for their services, which may be negotiated with the client. Advocates, on the other hand, charge fees based on their experience and reputation. Senior advocates usually charge a higher fee than junior advocates.
In addition to their fees, advocates are also entitled to remuneration from the court. This is known as a “fee for appearance,” and it is paid by the court to the advocate for every appearance in court. This fee is separate from the fee charged by the advocate to the client.
 

Conclusion

In conclusion, while the terms “lawyer” and “advocate” are often used interchangeably in India, there are some key Differences between lawyer and advocate. Lawyers are legal professionals who provide legal advice and guidance to clients, while advocates are lawyers who specialize in representing clients in court. 

Read More : Documents Required For Gst Registration