Difference Between Lawyer and Advocate: A Simple Guide

October 9, 2024
difference between lawyer and advocate
Quick Summary

Quick Summary

  • Lawyers provide legal advice, draft documents, and handle a range of legal matters, working in various sectors including private practice and corporations.
  • Advocates are specialized lawyers who focus on representing clients in court and handling litigation.
  • All advocates are lawyers, but not all lawyers are advocates, reflecting their distinct roles in the legal profession.

Table of Contents

The main difference between lawyer and advocate lies in their roles and responsibilities within the legal system. While all advocates are lawyers, not all lawyers are advocates. Lawyers provide legal advice and prepare documents, while advocates specialize in courtroom representation. In some countries, advocates receive additional training beyond what’s required for lawyers, focusing on litigation skills.

Now, let’s dive deeper into the specifics of each role and explore the key difference between lawyer and advocate in India.

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Who is a Lawyer?

A lawyer is someone who has finished a law degree, known as an LLB. However, just having a law degree does not mean a lawyer can represent clients in court. To do that, a lawyer must pass the All-India Bar Examination (AIBE) after completing their law degree.

Once a lawyer passes the AIBE, they can become an advocate. Advocates are lawyers who are allowed to represent clients in court. Lawyers are trained to understand the laws of the country and can give advice on legal rights and responsibilities. They also help in drafting legal documents for people and businesses.

Some lawyers work in companies instead of courts. When they work in the corporate sector, they have to give up their bar council license and cannot represent clients in court. However, if they return to practicing law in court later, they can reactivate their bar council license and become advocates again.

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Who is an Advocate?

An advocate is a person who is officially registered with a Bar Council of the State. Advocates can speak for their clients in court, which is what sets them apart from other lawyers. A lawyer becomes an advocate by joining a Bar Council or association.

To become an advocate, a person needs a degree in law (LLB) from a recognized university or college and a license from the Bar Council in India. After passing the Bar Council of India exam, an advocate gets this license and can start working in courts.

Advocates are experts in law who are trained to represent clients in court. They can be individuals or law firms that represent clients in legal matters.

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What is the Difference Between Lawyer and Advocate?

Here are some differences to clarify the nuances of lawyer vs advocate:

AspectLawyerAdvocate
Educational QualificationLLB Degree (3 years)LLB Degree (3 years) + Bar Exam (AIBE)
JobGives legal advice, Writes legal documents, Represents clients in legal cases.Argues a case on behalf of a client in court or before a government agency.
Court AppearanceMay not always appear in court.Regularly appears in court to argue cases.
Scope of WorkCan work in various legal fields (e.g., corporate, family, environmental law)Primarily focused on litigation and court appearances
Courtroom RightsMay or may not have the right to speak in court, depending on jurisdictionHas the right to speak and represent clients in court
Client InteractionWorks closely with clients to give legal advice and prepare documents.Represents and speaks on behalf of clients in court.
Legal RepresentationCan represent clients in lower courts and administrative matters.Represents clients in higher courts (often requires special enrollment).
Professional TitleGeneral term for anyone with a law degree.Specific term for those who practice in court.
TrainingLegal education and training in various aspects of law.Specialized training in courtroom procedures and advocacy.
LicensingRequires a law degree and a license to practice law.Requires a law degree, passing the bar exam, and enrollment as an advocate.
Salary PotentialGenerally Higher (₹1.56 lakh – ₹18 lakh annually)Generally Lower (₹1.1 lakh – ₹9 lakh+ annually)

Key Responsibility of Lawyers and Advocates

Both lawyers and advocates play crucial roles in our legal system. They work together to ensure justice is served and people’s rights are protected. Here’s why both advocate vs lawyer are important:

1. Why Lawyers are Essential

  • They provide legal advice to help people make informed decisions
  • They draft and review important legal documents
  • They help negotiate agreements and settlements
  • They ensure businesses and individuals comply with laws and regulations

2. Why Advocates are Vital

  • They represent clients in court, arguing their case before judges
  • They have specialized skills in courtroom procedures and litigation
  • They can cross-examine witnesses and present evidence effectively
  • They help ensure fair trials and protect the rights of the accused


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How to Become a Lawyer or Advocate?

If you’re interested in a career in law, here’s a general path to becoming a lawyer or advocate in India involves four main steps:

1. Education:

  • Clear your 12th standard: You’ll need a passing score, often with a minimum of 45% aggregate marks, to be eligible for most law colleges.
  • Obtain a law degree: There are two main options:
    • Integrated Law Course (5 years): This combines an undergraduate degree (B.A., B.Com., B.Sc.) with a law degree (LL.B.)
    • Bachelor of Law (LL.B.) (3 years): This postgraduate program requires a separate bachelor’s degree in any discipline.

2. Law Entrance Exams:

  • Crack an entrance exam for admission into a recognized law school. Common exams include the Common Law Admission Test (CLAT), All India Law Entrance Test (AILET), etc. For a comprehensive list of law entrance exams, visit 10 Law Entrance Exams for Top Colleges.

3. Bar Council Registration and All India Bar Exam (AIBE):

  • After completing your law degree, register with the Bar Council of India (BCI).
  • Pass the AIBE, a mandatory national-level exam for all law graduates who want to practice in India.

4. Practical Training (Optional):

  • While not mandatory, gaining practical experience through internships under practicing lawyers can be highly beneficial.

Here are some additional points to consider:

  • Choosing a law school: Research and select a reputable law school with good faculty and placement opportunities.
  • Areas of Law: Explore different specializations within law (criminal, civil, corporate, etc.) to find your area of interest.
  • Develop necessary skills: Strong analytical thinking, research, writing, communication, and problem-solving skills are crucial for lawyers.

Now you know the difference between lawyer and advocate, remember, the exact requirements may vary depending on where you live, so it’s essential to research the specific steps for your location.

👉 For a more detailed guide on this process, check out our article on How to Become a Lawyer?

Famous Lawyers and Advocates in History

Throughout history, many lawyers and advocates have made significant contributions to society. Here are a few examples:

  1. Abraham Lincoln: Before becoming President of the United States, Lincoln was a successful lawyer.
  2. Mahatma Gandhi: Gandhi was trained as a lawyer in England and used his legal knowledge in his fight for India’s independence.
  3. Thurgood Marshall: A prominent civil rights lawyer who became the first African American Supreme Court Justice in the United States.
  4. Ruth Bader Ginsburg: A powerful advocate for gender equality who later became a Supreme Court Justice.

These individuals showcase lawyer and advocate difference in the world.

What is the Difference Between Lawyer and Advocate in Hindi?

वकील (Vakil) और अधिवक्ता ( अधिवक्ता – Advokat) शब्द अक्सर एक- दूसरे के पर्याय के रूप में इस्तेमाल किए जाते हैं, लेकिन इनमें सूक्ष्म अंतर होता है:

  • वकील (Lawyer): कानून की डिग्री (LL.B.) लेने वाला कोई भी व्यक्ति वकील कहलाता है. ये कानूनी सलाह दे सकता है, दस्तावेज तैयार कर सकता है. मगर, जरूरी नहीं हर वकील कोर्ट में पेश हो.
  • अधिवक्ता (Advocate): वही वकील जो बार काउंसिल में रजिस्टर्ड हो और AIBE परीक्षा पास कर ले, वही अधिवक्ता कहलाता है. सिर्फ वही किसी का मुकदमा लड़ने के लिए कोर्ट में खड़ा हो सकता है.

तो याद रखें: हर अधिवक्ता वकील होता है, लेकिन हर वकील अधिवक्ता नहीं. कोर्ट में पेश होने के लिए BCI रजिस्ट्रेशन और AIBE जरूरी है.

Conclusion

The difference between lawyer and advocate may seem subtle, but it’s important to understand their unique roles in the legal system. Both professions are crucial for maintaining justice and protecting people’s rights. Whether you’re considering a career in law or simply curious about how our legal system works, knowing the distinction between these two roles is valuable knowledge.

As you continue your studies, keep an eye out for lawyers and advocates in the news or in your community. You might be surprised at how often their work impacts our daily lives!

Remember, the world of law is vast and ever-changing. Whether you choose to become a lawyer, an advocate, or pursue another career entirely, the skills of critical thinking, research, and communication that these professionals use are valuable in many areas of life.

Useful Resources for Aspiring Legal Professionals

If you’re considering a career in law or exploring related fields, here are some valuable resources to help guide your journey:

After understanding the advocate and lawyer difference, these resources help you to cover a range of topics from specific career paths in law to broader information about humanities and arts streams. They can help you make informed decisions about your education and career goals.

👉 For more career advice and guidance, visit: Chegg India Career Advice.

Frequently Asked Questions

What is the difference between advocate and lawyer?

A lawyer may or may not be an advocate. All advocates are lawyers. Advocates get licenses to practice law. Lawyers can only advise their clients.

What does an advocate do?

Advocates represent clients in court. They argue cases, present evidence, and fight for their clients’ legal rights. They may also specialize in a specific area of law.

Who can be called a lawyer?

Someone with a 3-year LLB degree can be called a lawyer in India. However, they cannot represent clients in court until they become an advocate.

Which study is best for an advocate?

In the end, to become an advocate in India, you have to pass the bar exam. Before that, you can choose to study a 3-year LLB course or a 5-year BBA LLB or BA LLB course.

Can a law student be called a lawyer? Or Can a LLB student called a lawyer?

In India, law students can’t be called lawyers. They lack the key qualifications like. LLB Degree and Bar Exam. Law students focus on studies and can’t represent clients in court. “Law student” is the most accurate term during their studies.

Can a lawyer become an advocate?

Yes, in many legal systems, lawyers can become advocates with additional training and certification.

How can a lawyer become an advocate?

Lawyers with an LLB degree can become advocates by:
1. Registering with the Bar Council of their practice state.
2. Passing the All India Bar Examination (AIBE).

Who is bigger advocate or lawyer?

An advocate is bigger than a lawyer. A lawyer is someone who has gone to law school and is working in the legal field. Whereas, an advocate is a seasoned professional who represents their client in the court.

Do all countries make a distinction between lawyers and advocates?

No, the distinction varies by country. In some places, the terms are used interchangeably.

Can advocates give legal advice outside of court?

Yes, advocates can typically provide legal advice just like other lawyers.

Do lawyers and advocates earn different salaries?

Yes, lawyer and advocate salaries differ in India.
Lawyers: (LLB degree) earning potential (₹1.56 lakh – ₹18 lakh annually).
Advocates: (additional qualifications) often earn more (₹1.1 lakh – ₹9 lakh+ annually).

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