Difference between Lawyer and Advocate

Was Mahatma Gandhi a barrister or lawyer, an advocate or he was an attorney? In this article on lawyer and advocate we will discuss differences between these terms. After reading this article you will understand when to use a specific term and when not. 

The attorney solicitors and advocates all fall under lawyers. The lawyer and advocate are generally used as synonyms in law.  In the article, we will learn about all these types and also learn about the difference between an advocate and a lawyer.

Overview of Legal Titles

In the legal profession, various titles such as attorneys, solicitors, and advocates fall under the broad category of lawyers. The terms lawyer and advocate are often used synonymously. This article will explore these types of legal professionals and highlight the differences between an advocate and a lawyer.

Historical Context of Legal Titles in India

India’s legal system is deeply rooted in its colonial past, primarily shaped by British colonial rule. The introduction of English common law during the British era laid the foundation for the modern legal framework in India. The establishment of the first law schools and the introduction of the legal profession in the 19th century marked significant milestones in Indian legal history.

The titles of “lawyer,” “advocate,” “barrister,” and “solicitor” were adopted from the British legal system. A barrister was traditionally trained in England and could practice in higher courts, while solicitors handled legal documentation and client advisory roles. In India, these titles evolved to suit the local context. Post-independence, the term “advocate” became prevalent, signifying a law graduate enrolled with a Bar Council and authorized to practice law in courts. The Advocate Act of 1961 further streamlined the legal profession, establishing a unified legal title of ‘advocate’ and abolishing the distinctions between barristers and solicitors within the Indian legal system.

Who is a lawyer?

A person who is pursuing or completed a law degree or who is a law graduate.

Any person who has completed a degree of law, whether of a 3-year LLB course or a 5-year law course, that person is known as a lawyer. But can a lawyer represent his client in a court of law by just having a law degree? The answer is no. A person who has only a law degree doesn’t mean that he is fit to represent his client in a Court for arguments. 

Who is a barrister? 

The word barrister is also similar to a lawyer. If you have completed your law degree e from any institution in India, you become a lawyer but if you have studied the law in England you become a barrister. The barrister is also able to represent his client in court. It means the lawyer and barrister are two different terms only but in reality, they both cannot represent their clients in the court. 

Who is an advocate? 

When a lawyer enrols himself with a bar council then he becomes an advocate. It means that when a person represents himself as an advocate it means he has enrolled himself under the bar council. He has the right to represent his clients in Court. This is the main difference between a lawyer and an advocate. 

Difference between a lawyer and an advocate

After reading the definition of a lawyer and advocate, you got the bare idea about the difference between lawyer and advocate. The lawyer and advocate difference can be understood from the following points that are showing the difference between lawyer and advocate:

Difference between a lawyer and an advocate

The following points illustrate the main differences between lawyers and advocates:

1. Education and Certification:

   • Lawyer: A person pursuing or holding a law degree.
   • Advocate: A person with a law degree who has enrolled with the bar council.

2. Representation Rights:

   • Lawyer: Cannot represent clients in court without bar council enrollment.
   • Advocate: Authorized to represent clients in court.

3. Experience:

   • Lawyer: Generally less experienced.
   • Advocate: More experienced and knowledgeable.

4. Legal Advice:

   • Lawyer: Can provide legal advice but not representation.
   • Advocate: Can provide legal advice and court representation.

5. Fees:

   • Lawyer: Typically charges less due to limited scope.
   • Advocate: Charges more due to their ability to represent clients in court.

6. Terminology:

   • Lawyer: Cannot be called an advocate without bar council enrollment.
   • Advocate: Can be referred to as a lawyer.

How can a lawyer become an advocate? 

A lawyer is a person who has completed his law but he has no right to represent his clients in court for arguments. Some criteria should be completed by a lawyer to become an advocate. 

Suppose you have completed your no degree and now your status is a lawyer. After the completion of your degree, you have to take the exam of the Bar Council of India which is also known as the BCI exam. The lawyer has to pass this exam to enrol his name in the list of BAR Council. After that, the bar council will provide you with the license to practice in the Court. With this process, a lawyer becomes an advocate and gains the power to represent his clients in a court of law. 

Now three terms are used for an advocate. These terms are:

• Advocate
• Senior advocate
• Advocate on record

Advocate: – an advocate is a person who has a law degree and is enrolled with the Bar Council of India. The bar council authorizes him to appear in court and represent his client. 

Senior advocate: – A senior advocate is also an advocate who has a law degree and is eligible to represent his clients in the court of law. Senior advocate is a designation that is given to an advocate by the Supreme Court or High Court. 

There are the eligibility criteria to become a senior advocate which is:

• He should have completed the age of 45 years.
• He must be practised as an advocate for not less than 10 years
• The person must appear in many cases
• The code may also show how many cases were in his favour

After taking all these criteria this Supreme Court or High Court may designate an advocate as a senior advocate. So basically this senior advocate designation is given based on the knowledge and experience of an advocate. 

Advocate on record (AOR)

Generally, every Court has its own rules and functions to run the procedure in the court. Similarly, the Supreme Court of India has the power to make rules and regulations that only an advocate on record can file the Vakalatnama for litigation, an affidavit, a petition or any other application on behalf of his client in the Supreme Court of India. 

The Importance of Legal Ethics in the Legal Profession

The Supreme Court of India has made a law that only the advocate on record can file the case in the Supreme Court. However, any other advocate can draft the case and argue the case as well but cannot file the case in the Supreme Court. The reason behind this rule made by the Supreme Court is that the Supreme Court doesn’t want to waste the time of the court. An advocate on record knows the rules and regulations of the SC properly.

Who can be an AOR? 

To become an AOR, the advocate must have passed the Supreme Court AOR exam. 

What is the eligibility for the Supreme Court AOR exam?

If an advocate were to take the Supreme Court AOR exam, 

• The advocate must have experience of 5 years which he should have 4 years in practice plus 1-year practice under any AOR of the Supreme Court. 
• The AOR under whom the advocate is practising must have experience of more than 10 years in the Supreme Court of India. 

So this is the difference between an advocate, a senior advocate and an advocate on record. 

Who is an advocate general? 

The advocate general is also known as “Maha Adhivakta“. 

The governor of every state appoints an advocate general for his state. An advocate general

• Represents the state government in any Court matter. 
• Advocate general is also known as the first law officer of the state.
• He plays the role of legal advisor if the state government needs any legal advice in any legal matter. 

Who is an Attorney General?

The Attorney General is an advocate who:

• Represents the central government in the court for any legal matters. 

• Also known as the first law officer in the country.
• The President of India appoints the attorney General. 
• The Attorney General plays the role of legal advisor for the central government if the government needs any advice on legal matters.

Who is a solicitor General?

A solicitor General is also known as the second law officer of the country. A solicitor General helps the Attorney General to deal with the legal cases related to the central government. 

Who is a public prosecutor? 

A public prosecutor is an advocate who represents the state in a criminal case. 

Who is a government Pleader? 

An advocate who pleads in a civil case while representing the state is called a government pleader. 

Educational Pathways to Becoming a Legal Professional

Becoming a legal professional in India involves a structured educational pathway. Here are the steps:

1. Undergraduate Degree: Aspiring lawyers must complete an undergraduate law degree (LLB), which can be pursued as a 3-year course after graduation in any field or as a 5-year integrated course after 12th grade.

2. Internships and Practical Training: During their law studies, students are required to undergo internships with law firms, advocates, or legal departments to gain practical experience.

3. Enrollment with a Bar Council: After obtaining an LLB degree, graduates must enrol with the Bar Council of India (BCI) or their respective state bar councils. This involves passing the All India Bar Examination (AIBE), which tests a candidate’s knowledge and understanding of legal principles.

4. Advanced Studies and Specialization: Many law graduates opt for further specialization by pursuing a Master of Laws (LLM) or other advanced legal courses in specific areas such as corporate law, human rights, or intellectual property.

5. Professional Practice: Once enrolled with a bar council, an advocate can start practising law in courts, providing legal consultation, and representing clients.

The Role of Bar Councils in Legal Certification

Bar Councils play a crucial role in the certification and regulation of legal professionals in India. The Bar Council of India (BCI) is the apex statutory body that governs the legal profession and legal education in the country. Its primary functions include:

1. Regulation of Legal Education: The BCI sets standards for legal education and approves law schools across India. It ensures that the curriculum meets the requirements to produce competent legal professionals.

2. Enrolment of Advocates: Graduates must enrol with the BCI or their respective state bar councils to practice law. The enrolment process includes verifying the candidate’s qualifications and passing the AIBE.

3. Professional Conduct and Discipline: The BCI formulates rules regarding the professional conduct and ethics of advocates. It also has the authority to take disciplinary action against advocates for professional misconduct.

4. Continuing Legal Education: The BCI encourages ongoing education and training for legal professionals to keep them updated with the latest legal developments and practices.

Comparison of Legal Professions Globally

Legal professions vary significantly across different countries, reflecting diverse legal systems and educational pathways. Here’s a comparison:

1. United States: In the U.S., the legal profession includes roles such as attorneys, who must pass the bar examination in the state where they wish to practice. Law education involves obtaining a Juris Doctor (JD) degree from a law school accredited by the American Bar Association (ABA).

2. United Kingdom: The UK distinguishes between solicitors and barristers. Solicitors provide legal advice and represent clients in lower courts, while barristers specialize in advocacy and represent clients in higher courts. The educational path involves obtaining a law degree, followed by practical training and enrollment with the respective professional bodies.

3. Australia: Similar to the UK, Australia has a split legal profession with solicitors and barristers. Legal education typically includes completing a Bachelor of Laws (LLB) or a Juris Doctor (JD), followed by practical legal training and admission to practice by a state or territory Supreme Court.

4. Germany: In Germany, legal professionals must pass two state examinations and complete a mandatory two-year legal traineeship (Referendariat). The legal profession is unified, and lawyers can perform all legal tasks once qualified.

5. Japan: Japan requires legal professionals to pass a rigorous national bar examination after completing law school. Successful candidates undergo a year-long training at the Legal Research and Training Institute before becoming qualified lawyers.

Impact of Legal Titles on Career Opportunities

The title a legal professional holds can significantly impact their career opportunities and scope of practice. Here’s how:

1. Advocates: In India, advocates can practice law in courts, represent clients, and provide legal consultation. Being an advocate opens up opportunities in litigation, corporate legal departments, and law firms.

2. Senior Advocates: Designated by the Supreme Court or High Courts, senior advocates enjoy higher prestige and can command higher fees. They typically handle more complex and high-profile cases, often providing expert legal opinions and advice.

3. Advocate on Record (AOR): An AOR in the Supreme Court of India has exclusive rights to file documents and plead in the Supreme Court. This designation enhances their credibility and allows them to handle significant constitutional and legal matters.

4. Corporate Lawyers: Legal professionals working in corporate settings often start as in-house counsel and can progress to roles such as Chief Legal Officer (CLO) or General Counsel, where they manage the company’s legal affairs.

5. Government Legal Roles: Titles such as Advocate General, Attorney General, and Solicitor General denote senior legal advisors to the state and central governments, respectively. These positions involve representing the government in legal matters and providing policy advice.

6. International Opportunities: Legal professionals with global qualifications, such as those who are admitted to practice in multiple jurisdictions, have the flexibility to work in international law firms, multinational corporations, and international organizations.

FAQ related to lawyer and advocate

I hope that after reading this full article, now you know the difference between all the words used for a person who has a degree in law according to the designation and experience in the field of law. So next time if a person introduces himself as an advocate you will know that he is enrolled in the Bar Council of India and also he can represent the clients in the court of law. 

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