A Lawyer And An Advocate

Know The Differences Between A Lawyer And An Advocate

Online Legal India LogoBy Online Legal India Published On 02 Nov 2022 Updated On 06 Jan 2023 Category Legal

Whether it be a three-year LLB program or a five-year one, a legal student or a law graduate who is pursuing or has received a law degree is a lawyer.

Is it feasible for a lawyer to represent a client in court with merely a law degree? It's not true, no. Legal education does not automatically qualify someone to represent a client in court. To represent a case before the Court, one must enlist. He is an advocate, and this is how an advocate differs from a lawyer.

Who is an Advocate?
 

A lawyer is referred to as an advocate if they join a bar council. It shows that a person has registered with the bar council if they represent themselves. He has the right to speak for his clients in court. The main distinction between an advocate and a lawyer is this.

Difference between an Advocate and a Lawyer
 

You should have a general idea of the distinctions between an advocate and a lawyer after reading the definitions of lawyer and advocate. You might find it easier to appreciate the distinction between an advocate and a lawyer if you consider the points that follow:

  • An advocate is a person who has completed their legal education and is registered with the bar council, as opposed to a lawyer, who is a phrase used to describe a student who is pursuing or has completed their legal education.
     
  • The third distinction between an advocate and a lawyer is that although lawyers are more inexperienced in the field, advocates have more experience.
     
  • An advocate has considerable legal knowledge and competence, whereas a lawyer only has the ability to advise his clients on legal matters; they cannot represent them in court. This is the fourth distinction between an advocate and a lawyer. They are more qualified to offer legal advice, and they may also submit a written statement or plaint on a client's behalf in a court of law.
     
  • An advocate charges significantly more due to his legal expertise and experience, in contrast to a lawyer who charges less because all they can do for their clients is provide legal advice. In exchange for payment, he can also represent his client in court.
     
  • The final distinction between an advocate and a lawyer is that an advocate can also be referred to as a lawyer, whilst a lawyer cannot.

How can a lawyer become an Advocate?

A person who has completed their legal school is referred to as a lawyer, although they are not authorized to represent their clients in court. The primary distinction between an advocate and a lawyer is this. A lawyer must fulfil specific standards in order to become an advocate.

Let's say you've earned your legal degree and are now an attorney. You must take the BCI test, which is given by the Bar Council of India, after receiving your degree. The lawyer must pass this test in order to be listed on the BAR Council's roster of attorneys. The bar council will then grant you a license to practice law in the Court after that.

As a result of this process, a lawyer gains the ability to represent his clients in court as an advocate.

There are presently three separate terms used to describe an advocate. the following terms:

  • Advocate
  • Senior advocate
  • Advocate on record

Advocate
 

A person who has a legal education and is enrolled with the Indian Bar Council is known as an advocate. He is authorized to appear in court and represent his client by the bar council.

Senior Advocate
 

An attorney with a law degree who is qualified to represent his clients in court is known as a senior advocate. Senior advocates may be chosen by the Supreme Court or the High Court.

The prerequisites for becoming a senior advocate are as follows:

  • He ought to have been 45 years old by then.
  • He needs to have been an advocate for at least ten years.
  • The person must show up in a variety of circumstances.
  • The Court may also look at how many cases he prevailed in.

After taking into account all of these factors, this Supreme Court or High Court may designate an advocate as a senior advocate. Therefore, the definition of a senior advocate is essentially determined by the knowledge and experience of the advocate. There is no senior lawyer, which is the distinction between an advocate and a lawyer.

Advocate on record (AOR)
 

The Supreme Court of India states that only the attorney on record has the authority to bring a case before the Supreme Court. On the other hand, any other counsel may draught and present the case, but not before the Supreme Court.

To become an AOR, a lawyer must pass the Supreme Court's AOR examination. An advocate is not a lawyer because there is no record of a lawyer representing a client.

Conclusion

The distinction between an advocate and a lawyer is highlighted in this blog. In the event of a legal disagreement, a lawyer or advocate must be consulted. However, the only person who can speak on behalf of their client before the court is the advocate; this is how an advocate differs from a lawyer. Any legal problem should, it is urged, be discussed with an advocate.


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