In India, the terms lawyer and advocate are often used as if they mean the same thing. While both professionals work in the field of law and are knowledgeable about legal rules and procedures, they actually play different roles. Simply put, every advocate is a lawyer, but not every lawyer is an advocate.
Let’s break this down in simple words to help you understand the clear difference between the two.
Who is a Lawyer?
A lawyer is someone who has completed their law degree (LLB or integrated law program). They have studied various laws and legal systems but may not be qualified to represent anyone in court unless they take further steps.
Think of a lawyer as someone who:
- Has a legal education.
- Can give legal advice.
- May work in law firms, corporations, or legal departments.
- Cannot argue cases in court unless they’re registered with the Bar Council.
Who is an Advocate?
An advocate is a lawyer who has passed the Bar Council of India (BCI) exam and is officially registered with a State Bar Council. This gives them the license to represent clients in court.
So, an advocate:
- Can appear before judges in court.
- Has legal experience in fighting or defending cases.
- Has taken the All India Bar Examination (AIBE).
- Is a fully practicing legal professional in the courtroom.
Main Differences Between Lawyer and Advocate
Let’s compare both roles under specific points for better clarity:
1. Definition
- Lawyer: Someone with a law degree.
- Advocate: A law graduate who is enrolled with a Bar Council and qualified to appear in court.
2. Responsibilities
- Lawyer:
- Gives legal advice.
- Researches cases.
- Prepares legal documents.
- May work behind the scenes in legal firms or companies.
- Advocate:
- Represents clients in courts.
- Prepares and argues cases.
- Presents evidence in court.
- Follows courtroom rules and procedures.
3. Courtroom Practice
- Lawyer: Cannot argue in court unless registered and certified.
- Advocate: Has full rights to represent and defend clients in any court in India.
4. Experience
- Lawyer: Often fresh law graduates with limited practical experience.
- Advocate: Usually has courtroom experience and practical knowledge of legal processes.
5. Area of Expertise
- Lawyer: May have general legal knowledge.
- Advocate: Often specializes in specific legal areas like criminal, civil, corporate, or tax law.
6. Legal Recognition
- Lawyer: A broader term including legal professionals who might not be practicing in courts.
- Advocate: A specific role, legally recognized and licensed for court representation.
7. Fees/Charges
- Lawyer: May charge less due to less experience or non-court-based work.
- Advocate: Generally charges more for courtroom representation and expert advocacy.
8. Titles
- Lawyer: Used for any legal professional or law graduate.
- Advocate: A formal title for those qualified to represent clients in court.
9. In the Eyes of the Law
In India, the word “advocate” carries a legal and professional recognition to appear in courts, while “lawyer” remains a general term for anyone with a law degree.
How Can a Lawyer Become an Advocate?
To become an advocate in India, a lawyer must follow these steps:
Step 1: Earn a Law Degree
- Complete a 3-year LLB or a 5-year integrated course after 12th.
- Choose a specialization (optional) in areas like criminal, corporate, or civil law.
Step 2: Clear the Bar Exam
- After graduating, appear for the All India Bar Examination (AIBE).
- This test is conducted by the Bar Council of India.
Step 3: Enroll in a State Bar Council
- Register with the Bar Council of the state where you wish to practice.
- You will receive a Certificate of Practice, allowing you to legally argue in courts.
Step 4: Gain Practical Experience
- Work under senior lawyers or in a law firm as an intern or junior associate.
- Learn how real legal work is done beyond textbooks.
Step 5: Optional – Specialize Further
- You can pursue an LL.M. degree for expertise in a specific branch of law.
Step 6: Start Practicing
- After fulfilling the above requirements, you’re ready to represent clients in court as an advocate.
What About Salary?
- Lawyer: Starting salaries range from ₹1 Lakh to ₹11 Lakhs per annum, depending on role and location.
- Advocate: Because they have more responsibilities and courtroom access, their income ranges from ₹1.1 Lakhs to ₹9 Lakhs per annum, and can be higher for senior advocates.
FAQs
1. Can every lawyer argue in court?
No. Only lawyers who are enrolled with the State Bar Council and have cleared the Bar Exam can practice as advocates in court.
2. Is an advocate higher than a lawyer?
Not exactly “higher,” but more qualified in terms of court practice. All advocates are lawyers, but not all lawyers are advocates.
3. Can a lawyer work in a company?
Yes, many lawyers work as legal advisors or consultants in corporate firms but may not handle court cases.
4. Can a lawyer become an advocate later?
Yes. By clearing the Bar Exam and registering with a State Bar Council, a lawyer can become an advocate.
5. What is the role of the Bar Council of India?
It regulates legal education and grants licenses to practice law through the AIBE.
Conclusion
Understanding the difference between a lawyer and an advocate is important if you’re thinking about entering the legal field or hiring legal help. Lawyers are law graduates who may work in legal advisory roles, while advocates are certified professionals who argue cases in court. With experience, any lawyer can become an advocate by passing the required exams and registering with the Bar Council.
So, whether you aim to give legal advice, help in documentation, or stand confidently in court defending a client — the legal field has room for both paths.