Difference Between Lawyer & Advocate in India: Key Differences & Details!

Indian laws are complex and multifaceted, tracing down both colonial legacies and indigenous customs. Among the most common confusions that occur in this system is the use of the terms "lawyer" and "advocate,"  mostly used interchangeably in everyday dialogue. However, these are two relatively different professions in terms of qualifications, roles, and responsibilities of professionals under the Indian legal structure. This is important to understand for anyone who wants to seek professional legal advice or is contemplating practicing law.

Who is a Lawyer?

A lawyer is a general term referring to any person who has acquired a degree in law (LLB) from a recognized law school or university. Simplifying the matter, it is anyone qualified to offer or represent someone on legal advice, though not necessarily licensed to practice in a court.

Who is an Advocate?

An Advocate is a more precise term referring to an attorney who has qualified eligibility to plead or represent the client in court. In India, an advocate must have enrolled with a Bar council—usually the State Bar council—after passing the bar exam, thereby being legally qualified to plead cases before the courts of law.

Thus, while all advocates are lawyers, not all lawyers are advocates. The word advocate connotes greater qualification and legal authority when compared to a general lawyer.

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Difference Between Lawyer and Advocate: Quick Highlights!

Before delving into the details of the difference between a lawyer and an advocate, let us quickly look at the key differences between the two legal professions –

CriteriaLawyerAdvocateDefinitionHolds an LLB degree but is not licensed to represent in court.Licensed to represent clients in court.EducationCompletes LLB (3-year or 5-year course).Completes LLB and passes the All India Bar Exam (AIBE).Court RepresentationCannot represent clients in court.Authorized to represent clients in court.LicensingNo special license is required for non-court roles.Must be licensed by the Bar Council after AIBE.Bar Exam (AIBE)Not required unless practicing in court.Must pass AIBE to become an advocate.Bar Council EnrollmentCan work without enrolling but not in court.Must enroll with the State Bar Council.Ethical GuidelinesNot governed by the Bar Council of India.Governed by the Bar Council of India under the Advocates Act.RoleLegal advisor, consultant, researcher, etc.Represents clients in court and argues cases.Right to Argue in CourtCannot argue in court.Can argue and represent clients in court.Special TitlesLawyer, Legal Advisor, In-House Counsel.Advocate, Senior Advocate, Advocate on Record.

Basis of Differences Between Lawyer & Advocate in India

Although being an attorney to an advocate requires an LLB degree, enrollment with a State Bar Council, and clearance of the All India Bar Examination (AIBE), only advocates have the legal right to pursue the practice of court representation on behalf of their clients. While lawyers are allowed to undertake legal consultancy, in-house legal work, or teaching. The difference between this and the above two is something important to note both for those considering a career in law and for those seeking to represent them in courts.

1. Qualifications and Educational Requirements

Lawyer: To become a lawyer in India, the candidate has to do an undergraduate law degree, either a 3-year LLB course after graduation (in any stream) or a 5-year integrated law degree, such as BA LLB, BBA LLB, BSc LLB, etc. Once they complete the LLB degree, that is, an individual becomes a lawyer; he still is not authorized to practice law in courts unless he meets that particular necessary additional criteria.

Advocate: After LLB, a lawyer has to get registered under the Bar Council of India or respectively State Bar Council, after which they have to appear for the All India Bar Examination test. Only after passing the AIBE test can a lawyer be designated as an advocate and be permitted to practice in courts of India. An advocate may further specialize in criminal, civil, corporate, or constitutional law.

Know How to Become a Lawyer in India in detail.

2. Registration and Licensing

Lawyer: A lawyer, after completing LLB, does not have to get registered with the Bar Council in order to be allowed to serve his or her clients to search for legal solutions to their problems. Lawyers can be employed in various firms as corporate lawyer, and more. However, without registering and clearing the Bar exam, it is not possible for a lawyer to stand in court on behalf of his or her clients.

Advocate: The role of an advocate can be taken only after a person is an advocate. This process for becoming an advocate has been defined by the Bar Council of India (BCI). After passing the All India Bar Examination (AIBE), he gets himself enrolled as an advocate before the State Bar Council. He then, under this registration, gets licensed to practice in any court in India.

There are also two types of advocates that are classified in India:

• Advocate on Record (AOR): The status is granted to advocates, and they are entitled directly to file cases in the Supreme Court of India. Not all advocates are AORs. A person needs to be an advocate with four years of experience in practicing law; moreover, they need to clear another examination held by the Supreme Court for this purpose.
  
  
  

• Senior Advocates: Those advocates who have long experience and repute for the quality of their professional standing and legal acumen can be appointed as Senior Advocates by the Supreme Court or High Courts. This is a distinction based on merit and reputation.

4. Legal Rights and Responsibilities

Lawyer: A lawyer would be an expert on law-related issues. He can help draw some documents and articles, do research, and work in the legal departments of companies and law firms. However, he cannot represent clients in court unless he becomes an advocate. Lawyers can work as paralegals and as legal consultants and legal advisors.

Advocate: Advocates are barristers and solicitors who have a monopoly over practicing in courts of law. They have a right to file petitions before courts on behalf of clients, face legal disputes to cross-examine witnesses, and argue in courts for their client. Furthermore, the advocates have responsibility for those high standards of profession, that are outlined by the Bar Council of India. The breach of the ethical standards leads to suspension or cancellation of a practice license.

Advocates also have specific obligations under the Advocates Act, 1961, which governs their practice. They hold a fiduciary duty to their clients, should render competent professional legal service and not deceive the court on matters of fact.

5. Scope of Practice

Lawyer: There are so many roles in which an advocate lawyer is not doing as a lawyer. For instance:

• They can be in-house counsel for large corporations, advising clients in matters as comply or contract law to labour and intellectual property.

• They may act as legal advisors or consultants: They are often consulted to help develop agreements; they negotiate contracts and provide opinions about such legal matters.

• They can work in academia or research; they teach the law or conduct studies, and publish their findings.

Advocate: Advocates have a much broader scope of legal representation. They can:

• Represent individuals, corporations, or the state in either civil, criminal, or constitutional matters.

• Practice before any court, tribunal, or quasi-judicial body.

• Represent their clients at any level of the judiciary, that is, at the District Courts, High Courts, and finally the Supreme Court.

In addition, advocates may specialize in different areas of law namely, criminal law, civil law, taxation law, intellectual property law, etc., based on choice and expertise.

6. Professional Ethics and Code of Conduct

Lawyer: As solicitors are not necessarily governed by the particular code of conduct for courtroom practice, they are supposed to be ethical in the way they sell legal service. Solicitors fall under the category of corporate governance and ethical frameworks of the organization where they are working. But still, they are not regulated as much by Bar Council as advocates.

Advocate: The Advocates Act of 1961 rules the advocates in India, as determined by the Bar Council of India (BCI) within very stringent perimeters. The Advocates Act of 1961 established for this council clear rules that determine professional conduct and etiquette, to be observed by the advocates. Breach of which leads to many disciplinary actions such as suspension or disbarment. This includes confidentiality, no conflict of interest, and they do not advertise their services according to Indian law.

7. Advocacy and Limitation in Courtroom Proceedings

Lawyer: The lawyer who has never enrolled himself as an advocate and did not clear the Bar test cannot plead any cases in the courts of law. Though he can help draft the petitions, research the cases, and offer legal consultancy, he cannot stand in court to represent the client who is presenting the case before a judge.

Advocate: Advocates enjoy exclusive rights to represent clients in courts. They may plead, examine witnesses, and institute or defend suits and petitions in courts. The advocates are also authorized to plead their clients in whatever courts. This entails all the lower courts going to the Supreme Court depending on the area of their practice and experience.

Conclusion

In short, a lawyer and an advocate are terms often used synonymously, but, in Indian legal parlance, they refer to two completely different roles. A lawyer could be somebody who has passed his or her law degree and is authorized to offer legal advice, though he or she may not practice before courts. On the other hand, advocates are lawyers who have passed the bar exam and are so licensed to practice before courts.

A difference exists between a lawyer and an advocate that is highly important for people planning to practice law and for litigants looking for a lawyer. The advocate has greater legal standing in a court of law as opposed to a lawyer who could work in everything from acting as a policymaker to being a consultant and does not necessarily need to appear in court. Such differences not only explain their roles but also go into decision-making when getting legal advice in India.

Difference between Lawyer And Advocate FAQs

1. What is the difference between lawyer and Advocate?

The difference between a lawyer and an advocate is that a lawyer has a law degree, which usually is abbreviated as LLB, but they cannot appear in court. Advocates are lawyers who have cleared the AIBE or All India Bar Examination and are licensed to practice law. Only selected advocates get the opportunity to practice in courts and present cases for their clients.

2. Are all lawyers eligible to become advocates?

Yes, after the completion of LLB, a lawyer can take a degree of Advocate by merely registering with the State Bar Council and clearing the All India Bar Examination.

3. Do advocates need to clear any exams?

Yes, for becoming an advocate, he has to clear the All India Bar Examination after the registration with the concerned State Bar Council.

4. Can a lawyer represent his clients in court even though he isn't an advocate?

No, only enrolled advocates and those who have cleared the AIBE are allowed to plead the case of clients in court.

5. What is the job that a lawyer, being not an advocate, does?

A lawyer can practice law either as legal advisor, consultant, in-house counsel to companies or in other non-litigation jobs like drafting contracts, giving advice, doing research on law, etc.