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Difference Between Advocate and Lawyer

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What is the Difference Between Advocate and Lawyer?

The entire legal world consists of a lot of complicated terms and positions that include advocates, lawyers, barristers, solicitors, attorneys, and many others. It can be quite difficult for people who are outside the legal field to properly designate the meaning of these professions and terms. 

For example, lawyers, as well as advocates, are often used commonly and they are basically used as synonyms too. However, there is a difference between advocate and lawyer. For a layman, this might not be that important but for someone who is interested in the law field, it is essential to understand the difference here. 


Why Do We Need To Understand the Difference Between Advocate and Lawyer?

When it comes to the legal world, there are different terms used to denote people of different positions. Not to mention that the people in these professions also have different duties too. For common people, it is important to understand what the difference between these professions is. 

Otherwise, they will not be able to distinguish properly between the positions and hence will not know whether they actually require an advocate or a lawyer in the first place. In the legal profession, advocates and lawyers have certain differences that only someone with proper knowledge of the law will get to know. However, in this article, we are going to talk about the difference between lawyer and advocate and barrister so that you can have an idea. 


Understand the Difference Between Lawyer and Advocate and Barrister

In order to understand the difference between advocate and lawyer, one needs to understand what they are and what their duties are in the first place. 

A lawyer is someone who is currently in the process of studying law and hasn’t had his/her degree provided to him/her yet. That means they are not really ready to be admitted to any legal profession or maintain and represent any clients in the court of law. Besides, any person who is in possession of a law degree but is not practicing and representing clients in court will be considered as a lawyer by profession. 

An advocate on the other hand is someone who will be having a legal duty towards the court. The individual will have his/her law degree and they will also be able to properly admit to the court and maintain as well as represent several clients in the court. The advocate is responsible for presenting the pleadings of their clients and they attempt to ensure that their clients win the case or avoid certain terms of jail as well as are relieved from any form of compensation. An advocate will be able to represent the cases of both the accused as well as the complainant. 

A Barrister on the other hand is someone who represents advocating according to the British legal system. This is a very good difference between advocate and barrister that most people don’t know about. They draw the pleadings in court and perform the arguments on the basis of the case. 


Major Differences Between a Lawyer and an Advocate

There are some major differences between a lawyer and an advocate. These differences are the ones that set these two professions apart. Here we are going to talk about these differences in detail. With the help of these differences, students will easily be able to distinguish between a lawyer and an advocate very easily. Also, this will help people who are trying to decide whether they require the services of a lawyer or advocate.

  • Difference in Standard Description 

A very primary difference between an advocate and a lawyer can be done through the description that they have. While the term lawyer can be used for describing an individual that is currently going through a law degree or has a law degree. That means the person who is studying law or has already graduated can be considered as a lawyer. The term is pretty generally used and it can represent any particular person in the profession of the law. This might also include barristers, solicitors, and attorneys. However, when it comes to the advocates, the term is particularly used to describe someone who will represent their clients in court and will plead for their cases. 

  • Admission to the Bar

Another main difference here between these two professions is that not all individuals that are lawyers will be allowed admission to the Bar. So, they won’t be able to represent the clients in court. However, advocates on the other hand are completely eligible to do so. They have the full eligibility to serve their clients according to the situations that they are in. While the term lawyer belongs to a public domain, the term advocate is pertaining to a particular category. 

  • Experience Level 

In the case of an advocate, it is certain that they have gone through years of rigorous training in some of the best law schools and they have also graduated with their degree. Not to mention that they have been allowed admission to the Bar as well. Hence, there is definitely no doubt that advocates are generally considered to be more experienced and skillful in several legal aspects than lawyers. Since they have already practiced in the legal profession, they have an idea of how things work in the court. This can be an added bonus to their experience level. 

  • Responsibilities and Duties of Both 

It is a given that advocates tend to have vast knowledge and experience when it comes to legal matters. They are mostly representing the clients in court and they plead their cases while representing the complainant or the accused. Their main goal is to ensure that they are able to achieve the best verdict for their clients. It is also an important thing to keep in mind that it is the responsibility of the advocate to speak on behalf of their client in a calm and composed manner. They will be responsible for answering as well as asking the important questions in court as well. That is not something that lawyers get to do in the first place. Neither are they allowed to represent clients, nor are they allowed to be admitted to the Bar. However, they are eligible to provide certain legal advice to some of the clients in different matters that concern the law. 


Some Other Differences That You Need To Know About


Lawyer

Advocate

A lawyer is a term that is used in a very general form and can be used in order to designate any particular member of the law profession who has a degree of law.


An advocate is a more restricting category and can be used to designate someone who is not just a law graduate but also someone who has admission in the bar council and is completely allowed to represent their clients on the court. 


In India, the Bar Council is not responsible for the regulation of the Lawyer’s conduct. 

In the case of advocates, the Bar Council of India has a very important role to play in the controlling and regulation of the different activities performed by the advocates. 


Lawyers tend to not have any experience of being in a court and they just have an academic experience to show for themselves since they are not allowed to represent the clients. 

The advocates do possess the courtroom experience and they are also allowed to represent their clients in court. They can plead the different cases of the clients and ensure their victory. 

Lawyers can have other engagements such as business or any other profession. Lawyers can also engage in academic careers such as teaching. 

Advocates are not allowed to be in any other profession apart from their own. They might be able to teach but not full-time. 

FAQs on Difference Between Advocate and Lawyer

1. What is the Difference Between Advocate and Barrister?

Ans. An advocate is a term used to represent an individual of the legal system that has a law degree and is able to represent his/her client in court. The advocates have the eligibility to be admitted to the Bar Council and hence they are able to properly address the court and fight for their client's cases in the best way. They are often confused with Barristers because most of the time, they have the same responsibilities. However, there is a certain difference between an advocate and a barrister. A barrister is someone who will fight the cases based on the arguments made by the solicitor. Also, a barrister is someone who represents the British Legal system. 

2. Are a Lawyer and an Advocate the Same Thing?

Ans. Absolutely not. While there are some people who might confuse the professions of lawyers and advocates to be the same thing, there are certain differences between what they do and what their profession is. For example, a lawyer is a term used generally for someone who is pursuing a law degree or has one. This gives it a very public domain as it can include solicitors, attorneys, barristers, and others. Moreover, lawyers aren’t admitted to the Bar Council and hence are not able to represent their clients. However, advocates are the ones who not only have their law degree but they are also able to practice law by representing the case of their clients in court.