Difference Between Lawyer and Advocate

By : Neha Dhyani

Updated : May 6, 2022, 12:02

Advocate and lawyer are two terms that are often used interchangeably. Both of them have a lot in common, and yet, there are some fundamental differences between the two. The Difference Between Lawyer and Advocate is in their work.

To understand the Difference Between Lawyer and Advocate in India, one must know who is an advocate and who is a lawyer.

Who is an Advocate?

An advocate is a person who has received legal training to act on behalf of their client, who can either be an individual or an entity like a company, bank, etc. This legal training includes professional certification from a law program in a recognized institution and the license to practice law in India.

An advocate earns this license by clearing the Bar Council exam conducted by the Bar Council of India.

Who is a Lawyer?

A lawyer is a legal professional who has studied law. He or she is an attorney, counsellor or advisor, solicitor, or barrister. The person who has the requisite qualification to practice law after undergoing the prescribed course of study can be called a lawyer.

Lawyers are the people who have complete knowledge of the laws that govern the country. They study and research the law to give justice to their clients. The primary function of lawyers is to advise their clients about their legal rights and responsibilities. In addition to this, lawyers can also prepare legal drafts and documents for both individual clients and companies.

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The Indian legal system is a common law system. It has the same basic structure as England. Legal education in India is conducted through a 5-year course (integrated BA-LLB or BBA-LLB).

The Difference Between Lawyer and Advocate is that after completing this course, one is eligible to appear for the All India Bar Examination conducted annually by the Bar Council of India. and if you pass it, you can practice law in any court in India and become an advocate.

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Primary Differences between a Lawyer and an Advocate

Let's take a look at the major Difference Between Lawyer and Advocate in India.

LawyerAdvocate
Any person with knowledge of the law or who has studied law for 5 years is called a lawyerThe title 'Advocate' can only be used by people who have obtained a license from the Bar Council of India after clearing the Bar exam
The primary duty of a lawyer is to give their clients legal advice. They can also conduct research and prepare legal documents such as contracts and briefsThe primary job of an Advocate is to represent clients in courts
Lawyers are less experienced since they have just graduated from law school and haven't practised independentlyAdvocates are experienced professionals who have several years of experience in representing clients in courts
Lawyers charge less than advocates since they are less experienced and do not represent clients in courtsAdvocates can charge hefty compensation for representing a case in the court as they are much more experienced and has more knowledge

 

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FAQs on the Difference Between Lawyer and Advocate

Q.1. Is there any Difference Between Lawyer and Advocate?

Yes, lawyer and advocate are two different terms often used interchangeably in India. The primary Difference Between Lawyer and Advocate is that advocates are licensed professionals who can practice law. They represent clients in courts, whereas lawyers can only give legal advice to their clients.

Q.2. What is the Difference Between Lawyer and Advocate in terms of qualification?

The Difference Between Lawyer and Advocate in terms of qualification is that anyone with a degree in law is called a lawyer, but to be an advocate in India, you must qualify for the All India Bar Examination conducted by the Bar Council of India.

Q.3. What is the Difference Between Lawyer and Advocate work in India?

The Difference Between Lawyer and Advocate work in India is that a lawyer cannot appear in any court of law. He cannot argue a case. Only an advocate can appear in court to present a case.

Q.4. What is the Difference Between Lawyer and Advocate in terms of jurisdiction of work?

The Difference Between Lawyers and Advocates in terms of jurisdiction of work is that a lawyer may provide legal advice to their clients and prepare legal documents and drafts but they cannot represent a case in court unless they have qualified for the All India Bar Exam.