Difference between lawyer and advocate
Lawyer vs. Advocate: Know the Difference
Legal terminologies can sometimes be confusing, especially
when terms like lawyer and advocate are used interchangeably in
India. However, these roles have distinct meanings and functions under Indian
law. If you're wondering about the difference, this blog is for you! Let’s
break it down.
1. Who is a Lawyer?
A lawyer is a broad term used for anyone who has
obtained a law degree (LL. B) from a recognized university in India. Lawyers
can provide legal advice, draft documents, and work in various legal fields.
However, they are not automatically allowed to represent clients in court
unless they are registered with the Bar Council.
Key Roles of a Lawyer:
?? Legal research and drafting
?? Advising clients on legal matters
?? Working in corporate legal teams, law firms, or
academia
?? Cannot argue cases in court without Bar Council
enrollment
2. Who is an Advocate?
An advocate is a lawyer who has been enrolled with
the Bar Council of India and is authorized to represent clients in a court of
law. Advocates can argue cases before magistrates, district courts, high
courts, and even the Supreme Court of India.
Key Roles of an Advocate:
?? Represents clients in Indian
courts
?? Drafts legal pleadings and arguments
?? Defends or prosecutes cases
?? Must be registered with the Bar Council of India
Main Differences at a Glance
|
Feature |
Lawyer |
Advocate |
|
Definition |
A person with a law degree |
A lawyer enrolled with the Bar Council |
|
Court Appearances |
Cannot represent clients in court |
Legally allowed to represent clients in court |
|
Bar Council Registration |
Not mandatory |
Mandatory for practice in court |
|
Work Scope |
Can provide legal advice, work in corporate firms, NGOs,
etc. |
Primarily involved in litigation and legal proceedings |
|
Dressing |
Regular professional attire |
Wears black robe and gown in court |
Conclusion
In India, all advocates are lawyers, but not all lawyers are
advocates. If you only have a law degree, you are a lawyer. However, to
practice in court and represent clients, you must enroll with the Bar Council
and become an advocate.
Understanding this distinction is crucial for choosing the right legal professional based on your needs. Whether you need legal advice, contract drafting, or courtroom representation, now you know whom to approach!
