Difference Between Lawyer and Advocate: All About Legal Professions

Legal professions are confusing, isn’t it? We are sure that some of you didn’t even know that being a lawyer is completely different from being an advocate. To be more specific Lawyer is the first step to becoming an advocate.

In countries like India, these two professions are often misunderstood. People think that lawyer and advocate are just two different terms used for the same profession. But the reality is completely different.

Though apparently, the difference feels like a minor one. It is actually not. To put it in simple words, advocates have a legal stamp on their profession, whereas; lawyers don’t. So, who is better? Lawyers or advocates? Well, we would say Advocates. They have more power and recognition than lawyers.

Further in this article, we will break down the entire concept of law and its practitioners. Moreover, if you are planning to build a career in this field. This blog will be beneficial for you. 

It will not only make you aware of the career options that you can have in this field but also give you a close insight into how the legal process actually works. So, that being said, let us dive deep into the topic.

Difference Between Lawyer and Advocate: Who is a Lawyer?

A lawyer is a person who studies law. You can be a lawyer too. But yes, by studying law, we do not mean studying books at your home. It is having law degrees like LLB, LLM, etc. These degrees are just like any other graduation or master’s degree.

You can enroll for the course after you pass your 12th board exams. The selection process depends on the institution you are applying to. If you are going to private universities, you need to clear their entrance exams.

If your goals are higher and you want to receive your law degree from a reputed government institution, you need to sit for CLAT. After passing the exam, you will be eligible to enter the colleges assigned to you on the basis of your ranks.

Generally, there are two study plans for law. A three-year study plan and a 5-year study plan. You can choose it as per your preference. Studying law right after the 12th requires a 5-year study plan. The three-year plan is suitable for those who are already graduates.

What Do Lawyers Do?

After you graduate, You are a lawyer, which means you are eligible to give legal advice to people, organizations, businesses, and many more. But this is all you can do. Lawyers cannot fight a case in court. Those who do it are called advocates.

So, a lot of you with a law degree must be thinking that you can also give legal advice to people and start your own business! Yes, you are absolutely allowed to do that. The entire profession of lawyers is not a job but a business between people stuck in a problem and the lawyers helping them out with their knowledge about laws.

Difference Between Lawyer and Advocate: Who is an Advocate?

An advocate is a lawyer who has obtained a license from the Bar Council of India for practicing law. How does that work? Just like you enroll for the entrance examination, here as well, you need to enroll for an examination. 

Those who successfully clear that are honored with a license that says that the beholders are eligible and allowed to practice law in the court and assist their clients in any kind of case.

But the license is not something that you can misuse. If it is found out that an advocate is misusing his/her power, their license will be canceled for an undefined time. It means that they will no longer be able to work in the same profession.

Sometimes, certain disputes happen in the courtroom during trials, leading to these situations. It depends on Judge who is eligible to suspend a lawyer or an advocate for committing such crimes. This suspension is sometimes temporary and sometimes permanent.

So, it can be stated that advocates have greater powers with greater responsibilities.

Difference Between Lawyer and Advocate: Why are They Often Confused with Each Other?

Now you all know that there is a difference between lawyer and advocate. But it is not the case with everybody. Despite knowing the difference between lawyer and advocate, people often confuse them with each other.

Moreover, the term lawyer is far more popular than the term advocate. People often call the advocates fighting cases for the clients in court are called as lawyers. Surprisingly, they don’t seem to mind it either.

We have often seen advocates saying that they have to tell other people that they are lawyers to make them understand what they do. Different countries choose different terms to address something, and the term lawyer is what most countries choose.

Nowadays, both the terms are now being used interchangeably. So, the reason that these two terms are confused is the fact that people are unaware of the roles of lawyers and advocates.

Difference Between Lawyer and Advocate: Roles of Lawyers and Advocates in India

The difference between lawyers and advocates is marked by the roles they play in the law system. Both professions play a pivotal role in protecting the laws of a country and using them for the welfare of society. But to mark a solid difference between lawyer and advocate, we can state that an advocate holds a lot more value and power than a Lawyer. Here are some differences in roles – 

• Any Law student can be a lawyer in India. But to become an advocate, they must enroll in the bar council and have a license to practice law.
• A Lawyer in India is not allowed to fight on behalf of his client. The least he can do is just provide legal advice to the client that can be used further in the process.
• A Lawyer in India is as reputed as an advocate. So, if you are in the middle of a legal problem, you can consult a lawyer first, and then you can go for an advocate who will be taking the case in the courtroom.
• You don’t need any criminal case to take legal advice from lawyers or advocates in India. Even if you are about to set up a business and want to know about the rules, they can help you.
• Advocates in India do not only fight in the courtroom; they can help you with all the things that a lawyer could have done. 

Difference Between Lawyer and Advocate: How Are They Different?

As we have already told you that the difference between lawyer and advocate is about their roles and responsibilities. An advocate has much bigger responsibilities than a lawyer. Moreover, as advocates handle real-life cases in the courtroom, they are not freshers. All advocates are experienced enough to handle cases. There are some other differences too. Refer to the Table to know more.

The Step by Step process of becoming an Advocate

Step 1 –  Get Your Law Degree from any reputed private or government institution. We would suggest you to go for the government ones because they can provide you with wider exposure and increased numbers of opportunities.

Step 2 – Choose your study plan accordingly. If you have just completed your schooling and want to become an advocate, enroll for the entrance examination for LLB (5 years). If you are a graduate and willing to build a career in the legal field, enroll for LLB (3 years).

Step 3 –  After getting the degree, gain some experience as a lawyer. Doing internships can help. You can also work under an advocate. It will give you real-life experience.

Step 4 – As a next step, start preparing for the AIBE examination. On passing this examination, you will be eligible to practice in the courtroom and fight cases on behalf of your clients.

Conclusion

We hope this blog was able to give you a clear idea about how the legal profession in India works and how you can start your journey if you are also interested in this field. Remember, theoretical knowledge is as important as practical knowledge in this profession.

Something which does not have any valid evidence is not accepted in Indian law. So it is very important to be clear about every concept. 

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