4 min
12 February 2025
The legal profession in India is vast, with different roles and designations that often confuse people. One of the most common misconceptions is regarding the difference between lawyer and advocate. While these terms are used interchangeably, they are not the same. Every advocate is a lawyer, but not every lawyer is an advocate. If you are considering a legal career or need legal assistance, understanding what is difference between lawyer and advocate is crucial.
Who is an advocate?
An advocate is a legal professional who is registered with the Bar Council of India and has the right to represent clients in court. Advocates argue cases before judges and provide legal advice to their clients. They undergo rigorous training and must pass the All India Bar Examination (AIBE) to practise in a court of law.Key responsibilities of an advocate:
- Represent clients in courts, tribunals, and legal forums.
- Provide legal opinions and draft legal documents.
- Argue cases before judges on behalf of clients.
- Ensure compliance with legal procedures and ethical standards.
Who is a lawyer?
A lawyer is anyone who has obtained a degree in law (LLB) from a recognised university. However, a lawyer may or may not be eligible to represent clients in court. They can work in various fields such as legal advisory, corporate law, legal research, or as consultants in legal firms.Key Responsibilities of a lawyer:
- Provide legal consultation and guidance.
- Draft legal contracts, agreements, and other documents.
- Work in corporate firms handling legal compliance.
- Specialise in areas like intellectual property, taxation, or civil law.
Difference between a lawyer and an advocate
Here is a table showcasing the differences between lawyers and advocates:| Lawyer | Advocate |
| A lawyer is a broad term for anyone in the legal profession, including solicitors, barristers, and attorneys. | An advocate is a qualified legal professional who has cleared the AIBE and obtained a licence to represent clients in court. |
| Lawyers cannot represent clients in court unless they enrol in a State Bar Council and pass the AIBE. | After passing the AIBE and enrolling in a State Bar Council, a person becomes an advocate and can practise in court. |
| Lawyers have limited experience in courtroom proceedings as they cannot argue cases until they qualify as advocates. | Advocates gain more experience by practising in courts across India and handling various legal matters. |
| A lawyer primarily provides legal advice and drafts legal documents for clients. | An advocate represents clients in court, pleads on their behalf, and fights for their legal rights. |
| Lawyers generally charge lower fees as they lack courtroom experience and do not argue cases. | Advocates charge higher fees due to their expertise, qualifications, and ability to represent clients in court. |
How can a lawyer become an advocate?
Lawyers can transition into advocates by following the necessary legal steps. After earning a law degree, a lawyer must pass the Bar Council of India (BCI) exam, commonly known as the All India Bar Examination (AIBE). Upon passing, they must register with a state bar council. Once they obtain their licence, they can practise law in court and officially become an advocate.Here’s a step-by-step process to become an advocate:
- Educational qualificationThe journey begins after Class XII, where aspiring lawyers must enrol in a recognised law college. Admission is typically secured through exams like CLAT or AILET. After selection, students pursue a bachelor’s degree in law, such as LLB or an integrated degree like BA LLB, BCom LLB, or BSc LLB. They can also specialise in fields like corporate law, criminal law, or taxation law.
- Bar Council examAfter completing their LLB degree, candidates must pass the All India Bar Examination (AIBE) conducted by the Bar Council of India. They need to submit necessary documents and pay the required fees to qualify.
- Register with State Bar CouncilAfter clearing the AIBE, the next step is to enrol with the Bar Council of the state where they wish to practise. Once registered, they receive a Certificate of Practice, allowing them to represent clients in court.
- Optional specialisationTo gain additional expertise, lawyers can pursue a master’s degree (LLM) in a specialised area of law. This helps in career advancement and provides in-depth knowledge of a particular legal domain.
- TrainingPractical experience is crucial in the legal field. After graduation, aspiring advocates should work as interns or associates with experienced lawyers or law firms to gain hands-on experience.
- PracticeAfter completing all the above steps, lawyers can start practising independently or join a law firm. This involves providing legal advice, drafting documents, handling non-litigation matters, and representing clients in court.
Similarities between lawyers and advocates
Despite their differences, both lawyers and advocates share certain common aspects. Here are the key similarities between a lawyer and an advocate:- Legal professionals: Both lawyers and advocates hold a law degree and possess the necessary qualifications to practise law.
- Legal knowledge: Both have a deep understanding of laws, regulations, and legal precedents relevant to their practice areas.
- Client representation: They offer legal advice, guidance, and representation to clients, ensuring their rights and interests are protected.
- Ethical obligations: Lawyers and advocates must adhere to professional codes of ethics, maintaining integrity, confidentiality, and loyalty while upholding their duty to the court and justice system.
- Legal specialisation: Both can specialise in specific areas of law, such as criminal, civil, family, corporate, or intellectual property law, to serve their clients effectively.
- Advocacy skills: While not all lawyers focus on courtroom representation, advocates are trained in advocacy skills, enabling them to present arguments and negotiate on behalf of their clients.
