Difference between Lawyer and Advocate – Explained!

What is the Difference Between Lawyer and Advocate?

If you are looking for legal help, you may have come across the terms “lawyer” and “advocate” and wondered what they mean. Are they the same thing? Or do they have different roles and responsibilities? In this article, we will explain the difference between lawyer and advocate and how to choose the right one for your case.

Lawyer vs Advocate: Definition

A lawyer is a general term for anyone who has legal education and can provide legal services such as counselling, advising, drafting documents, or conducting research. However, a lawyer cannot represent clients in court unless they have a license to do so.

An advocate is a specific type of lawyer who has specialized training in the law and has passed the Bar Council of India exam. An advocate can represent clients in court and argue on their behalf. They can also give legal advice, but their main function is to plead cases before judges and juries.

Lawyer vs Advocate: Interchangeability

The reason why many people use the terms “lawyer” and “advocate” interchangeably is because all advocates are lawyers, but not all lawyers are advocates. Anyone with legal education can call themselves a lawyer, but only those who have cleared the All India Bar Exam can call themselves an advocate. This means that there are many professionals in the legal field who are lawyers but not advocates, such as legal consultants, corporate lawyers, or law professors.

How to Choose Between Lawyer and Advocate?

The choice between lawyer and advocate depends on your legal needs and preferences. If you need someone to help you with drafting contracts, negotiating deals, or filing paperwork, you may want to hire a lawyer who has expertise in those areas. If you need someone to represent you in court and fight for your rights, you may want to hire an advocate who has experience in litigation and advocacy. You can also hire both a lawyer and an advocate if you want to get the best of both worlds.

Differentiating Lawyer and Advocate

The difference between lawyer and advocate is not always clear-cut, but it is important to understand their distinctions and qualifications before hiring one. By knowing the difference between lawyer and advocate, you can make an informed decision and find the best legal professional for your case.

Advocate vs Lawyer: Legal Education and Licensing

One of the main differences between advocate and lawyer is their legal education and licensing. Lawyers are individuals who have completed legal education and are authorized to give legal advice. They can provide guidance and assistance to clients in areas such as contracts, real estate, and criminal law. In India, anyone with legal education is considered a lawyer.

On the other hand, advocates have undergone specialized training in the law and have a license to represent clients in court. To become an advocate in India, one must pass the Bar Council of India exam or AIBE. Advocates have a wider range of court knowledge and experience compared to lawyers, and are considered the more experienced legal professionals at representation.

Advocate vs Lawyer: Representation in Court

Another key difference between advocate and lawyer is their representation in court. Lawyers are not authorized to represent clients in court unless they pass the All India Bar Exam. They can only provide legal advice and assist clients with legal issues, but cannot appear in court on behalf of the client.

Advocates, on the other hand, are authorized to represent clients in court and present their cases to judges and juries. They can cross-examine witnesses and argue legal points in court. The advocacy skills and courtroom experience of an advocate are crucial in ensuring the best possible outcome for the client.

Advocate vs Lawyer: Salary, Career, and Skills

Besides the differences in education and representation, there are also some differences in salary, career, and skills between advocate and lawyer. Here are some of them:

1. Advocate vs Lawyer Salary: The salary of an advocate depends on various factors such as their experience, reputation, location, and type of cases they handle. Generally speaking, advocates earn more than lawyers because they have more opportunities to represent clients in court and charge higher fees. According to Payscale.com, the average salary of an advocate in India is ₹5,93,000 per year, while the average salary of a lawyer is ₹4,66,000 per year.
2. Advocate vs Lawyer Career: The career path of an advocate is different from that of a lawyer. Lawyers can work in various sectors such as corporate law firms, government agencies, NGOs, or academia. They can also specialize in different areas of law such as civil law, criminal law, family law, or intellectual property law. Advocates, on the other hand, mainly work as independent practitioners or join chambers of senior advocates. They can also specialize in different types of litigation such as civil litigation, criminal litigation, constitutional litigation, or arbitration.
3. Advocate vs Lawyer Skills: The skills required for an advocate are different from those required for a lawyer. Lawyers need to have good research skills, analytical skills, communication skills, and drafting skills. They need to be able to advise clients on legal matters and prepare documents such as contracts, agreements, or petitions. Advocates need to have good advocacy skills, presentation skills, negotiation skills, and interpersonal skills. They need to be able to represent clients in court and persuade judges and juries with their arguments.

How to Choose Between Advocate and Lawyer?

The choice between advocate and lawyer depends on your legal needs and preferences. If you need someone to help you with legal advice or documentation, you may want to hire a lawyer who has expertise in those areas. If you need someone to represent you in court or fight for your rights, you may want to hire an advocate who has experience in litigation and advocacy. You can also hire both an advocate and a lawyer if you want to get the best of both worlds.

The difference between advocate and lawyer is not always clear-cut but it is important to understand their distinctions before hiring one. By knowing the difference between advocate and lawyer in India you can make an informed decision and find the best legal professional for your case.

Recap

In conclusion, it is important to understand the difference between lawyers and advocates in legal matters. Both have a role to play in the field of law, but it is important to recognize the distinction between the two. Lawyers have a legal education and can serve as a counsellor, advisors, solicitors, or barristers, but they cannot represent clients in court unless they pass the All India Bar Exam. On the other hand, advocates are legal experts with specialized training in the law and have a license to represent clients in court after passing the Bar Council of India exam.

It is crucial to understand the distinction between the two in order to navigate the legal system effectively. Whether you are seeking advice on a legal matter or requiring representation in court, it is important to choose the right professional for your needs. Lawyers can give legal advice, but their role is limited in comparison to advocates who have a wider range of knowledge and experience.

In conclusion, lawyers and advocates play a crucial role in the legal system, and it is important to understand the difference between the two. The distinction between the two is important in making informed decisions about legal matters and choosing the right professional for your needs. Whether you need legal advice or representation in court, it is essential to understand the role of lawyers and advocates in legal matters.