Difference Between Advocate and Lawyer In India

Dear readers, today through this article we will study in detail about the difference between the advocate and the lawyer in India , in which we will study in detail about the definition and role of the lawyer, the definition and role of the advocate and the role of both. The role of both in the judicial system

Difference Between Advocate and Lawyer In India

The difference between advocate and lawyer in India is an important and comprehensive topic, which helps in understanding the roles, duties and qualifications of professionals working in the legal field. Both the terms are often used as synonyms, but there are legal and some practical differences between them. In this article, we will understand the roles and responsibilities of both of them in detail and also try to know how these professionals play different roles in the legal system.

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Definition and role of lawyer

A lawyer is a person who has obtained a degree in law (LLB or its equivalent). Lawyers are able to give legal advice, guide in the legal process and prepare documents, do legal research. Lawyers can specialize in legal fields such as corporate law, civil law, family law etc. To become a lawyer, a person has to go through the following processes-

• Law degree: To become a lawyer, a person has to obtain a law degree from any recognized university. This is a minimum qualification that is required for a person to enter the legal field.
• Providing legal advice: Lawyers can give advice on legal matters, prepare legal documents for clients, interpret the law. However, lawyers are not eligible to fight cases in court unless they register themselves as advocates.
• Legal research and writing: Lawyers often also do research on legal matters, interpret complex laws and prepare various legal documents such as contracts, wills, legal notices. They also keep advising clients about their rights and duties.
• Guidance in judicial processes: Lawyers cannot fight cases directly in court, but they can guide clients in judicial processes. They also ensure that the client presents his case according to the law.

After becoming a lawyer, if a person wants to practice in court, he must first register with the Bar Council and get recognition as an advocate. The main work of a lawyer can be limited to giving legal advice and administrative work.

Definition and role of an advocate

An advocate is a person who gets the right to practice in court after getting registered with the Bar Council. After completing law studies, an advocate becomes eligible to fight cases in court after going through the registration process and fulfilling the standards set by the Bar Council. To become an advocate, one has to go through the following processes-

• Registration in Bar Council: To become an advocate, a person must first get registered with the Bar Council. Only after this registration, he can be eligible to fight cases on behalf of clients in court. The Bar Council is an independent body that determines the code of conduct of advocates, their professional conduct and qualifications.
• Right to fight a case: All advocates have the right to appear in court on behalf of clients, defend their cases and present their arguments before the judges. The main work of an advocate is to directly represent his client in the court.
• Privileges in court: Advocates can also fight cases in various types of cases in the court, whether it is criminal, family or corporate matters. They are involved in every process of the case, such as presenting evidence, cross examining witnesses and giving arguments based on law.
• Participation in legislative and judicial process: Advocates not only fight cases in the court but they can also actively participate in various government bodies, legal organizations and legislative processes. They also help in getting the necessary legal solutions for the clients.

Main Difference Between Lawyer and Advocate

• Qualification and Registration: The biggest difference between both is that a lawyer is entitled to give legal advice only after completing the study of law, while an advocate gets the right to fight cases in the court after getting registered with the Bar Council.
• Scope of Practice: Lawyers are mainly involved in legal advice, document preparation and legal research, while advocates directly represent the clients in the court and present arguments in their favor.
• Right to fight case: A lawyer cannot appear in court directly, whereas an advocate can appear in court and fight cases. An advocate also has the right to participate in every process of the case.
• Legal responsibilities: An advocate is also responsible for presenting the clients’ cases in court, cross examining witnesses and presenting legal arguments before the judge. Lawyers can participate in this process but cannot fight the case directly.

Role of both in the judicial system

Both lawyers and advocates have an important role in the Indian judicial system. Lawyers play an important role in providing legal research and advice, whereas advocates are a direct part of the judicial process. The help of a lawyer in preparing for any case is very important for the advocate.