In the Indian legal systemmost people use the words "lawyer" and "advocate" to mean the same thing.  The subtle difference between these two titles, however is important for those considering a legal career or who are already practicing law.  While both are legal professionals with formal education in law, their legal standing, authority, and scope of work differ significantly. In India, the distinction primarily hinges upon bar council enrollment and the eligibility to represent clients in a court of law. This article explains in detail the difference between a lawyer and an advocate in India, outlining their roles, responsibilities, qualifications and legal entitlements.

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Who is an Advocate?

An advocate is a legally certified professional who has the right to represent clients before the courts in India. To become an advocate, a person must first complete a law degree (LLB) and then enroll with the Bar Council of a State. The next step is to pass the All India Bar Examination (AIBE) conducted by the Bar Council of India. Upon passing the AIBE, the individual is granted a Certificate of Practice, which authorizes them to appear before courts and represent clients in legal proceedings.

Advocates specialize in courtroom advocacy, pleading on behalf of clients, interpreting laws, submitting evidence, and defending their clients’ rights. They may work independently, with other advocates, or as part of law firms. In India, the term “advocate” is officially used only for those who have fulfilled the criteria to practice law in courtrooms.

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Who is a Lawyer?

A lawyer is a person who has obtained a law degree—either a 3-year LLB or an integrated law course of 5-year LLB (like BA LLB, BBA LLB, etc.)—from a recognized university. While all advocates are lawyers by qualification, not all lawyers are advocates. Lawyers are those who have completed their legal education but have not yet enrolled with a State Bar Council or passed the AIBE.

Lawyers can give legal advice, draft legal documents, and work in the corporate legal sector, academic fields, or as legal consultants. However, unless they clear the AIBE and obtain bar council registration, they cannot represent clients in court. Lawyers who work in corporate firms often choose to give up their Bar Council license. In such cases, even if they have passed the AIBE earlier, they are ineligible to practice in court unless they reactivate their bar license.

Difference Between Lawyer and Advocate in Detail

The difference between the two professionals is in their practical qualifications, legal roles and responsibilities, even though they both have the same educational background.  Here is a detailed explanation based on a number of factors. 

1. Definition

• A lawyer is anyone who holds a law degree and has studied legal subjects. This term includes various legal professionals such as solicitors, attorneys, and legal advisors.

• An advocate is someone specifically authorized to represent clients in court after passing the AIBE and being enrolled with a State Bar Council.

2. Responsibilities

Lawyers primarily focus on

• Offering legal advice and consultancy

• Drafting contracts and legal documents

• Conducting legal research

• Advising clients on rights and duties

Advocates focus on

• Representing clients in courts

• Arguing legal matters before judges

• Providing court-related advice

• Ensuring evidence and arguments are presented effectively

3. Scope of Practice

• Lawyers may work in corporate firms, NGOs, or academic settings. They can guide organizations and individuals legally but are not authorized to appear in courts unless registered with the Bar Council.

• Advocates, once registered and certified, can appear before any court in India, from lower courts to the Supreme Court.

4. Courtroom Representation

• A lawyer cannot represent clients in court unless he or she has passed the AIBE and holds a valid Bar Council license.

• An advocate, by definition, has passed the AIBE and is authorized to litigate on behalf of clients.

5. Experience

• Lawyers, especially fresh graduates, may lack practical exposure to courtrooms. Their experience is typically limited to internships, research or non-litigation roles.

• Advocates gain significant experience by actively engaging in court cases, building legal arguments and representing diverse clients.

6. Expertise

• Lawyers may possess general legal knowledge and may not specialize in specific domains.

• Advocates, over time, often develop specializations in fields like criminal law, corporate law, family law, intellectual property and more.

7. Professional Titles

• “Lawyer” is a broader term used to describe all individuals with a law degree.

• “Advocate” is a specific title granted to those who are legally qualified to practice in court after fulfilling statutory requirements.

8. Legal System Variation

• In India, a lawyer holds a law degree but may not have the right to practice in court.

• An advocate is a lawyer who is licensed to represent clients in court.

9. Charges/Fee Structure

• Since advocates possess higher qualifications to represent clients, their charges/fees are generally higher.

• Lawyers may charge less due to limited practice rights and courtroom exposure.

10. Salary

• The salary of lawyers ranges between ₹1 to ₹11 lakhs per annum, depending on their specialization and employment sector.

• Advocates, due to their courtroom rights and independent practice, may earn from ₹1.1 to ₹9 lakhs or more annually based on experience and clientele.

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Difference Between Lawyer and Advocate – In Brief

While the detailed distinctions span qualifications, rights, and responsibilities, the following summary captures the key differences between a lawyer and an advocate at a glance

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How Can a Lawyer Become an Advocate?

To become an advocate in India, a lawyer must fulfill specific legal and procedural requirements:

1. Educational Qualification: The candidate must complete an LLB degree from a recognized university. This can be a 3-year LLB or a 5-year integrated law program such as BA LLB or BBA LLB. Specializations in corporate law, criminal law, or taxation can be chosen during this period.

2. Pass the Bar Council Examination (AIBE): After completing the LLB, the lawyer must pass the All India Bar Examination (AIBE) conducted by the Bar Council of India. The exam assesses legal knowledge, reasoning, and procedural understanding.

3. Register with a State Bar Council: Post-AIBE, the lawyer must enroll with the Bar Council of the State where they intend to practice. Upon approval, a Certificate of Practice is issued.

4. Optional LL.M. Specialization: Though not mandatory pursuing a Master’s in Law (LL.M.) can further strengthen a candidate’s legal expertise in specific fields.

5. Practical Training: Gaining hands-on experience through internships or apprenticeships with established advocates or law firms is crucial. This allows the lawyer to learn court procedures, client handling and drafting of petitions.

6. Start Practicing: After completing all formalities, the individual can begin practicing as an advocate independently or in association with a law firm thereby gaining real-time courtroom experience.

Summary

Anyone in India who wants to practise law must understand the difference between a lawyer and an advocate. A law degree is the first step for both lawyers and advocates, but it is the bar council registration and AIBE qualification that make a lawyer into an advocate. Lawyers play very important roles when they give legal advice, write documents, and do other work that isn't related to litigation. Advocates, on the other hand, fight hard in court to defend, argue, and represent clients in front of the law. There are lawyers who are advocates and lawyers who are advocates. Understanding the structure and application of law in India requires recognising this difference.

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Difference between Lawyer And Advocate in India: FAQs

Q1. Is an advocate the same as a lawyer?

No, an advocate is not exactly the same as a lawyer. While both hold a law degree, an advocate is a lawyer who has cleared the All India Bar Examination (AIBE) and is registered with a State Bar Council, thereby gaining the legal right to represent clients in court. A lawyer, unless registered and certified, cannot practice in court.

Q2. Can a lawyer be called an advocate?

A lawyer can only be called an advocate after passing the AIBE and enrolling with a State Bar Council. Until then, even with a law degree, they are not legally authorized to represent clients in court and therefore cannot be called an advocate.

Q3. Whose salary is higher, an advocate's or a lawyer's?

Generally, an advocate earns more than a lawyer. Advocates represent clients in court, often handle litigation, and charge higher professional fees based on their experience and success. Lawyers, particularly those not practicing in court, tend to earn less, especially in the early stages of their careers.

Q4. What does an advocate do?

An advocate fights for their clients' rights in court, presents evidence, maintains legal compliance, and represents them in legal proceedings. While trying to get good decisions for their clients, advocates also help investigators, do legal research, and follow proper court behaviour.