In the legal world, the terms lawyer and advocate are often used interchangeably, but there are important differences between the two. Both are trained in law, but their roles, responsibilities, and authority differ. Here’s a detailed explanation to help you understand the distinction.
Who is a Lawyer?
A lawyer is a professional who has completed a law degree, such as LLB (Bachelor of Laws). Lawyers can provide legal advice, draft documents and contracts, and guide clients on legal matters. However, they cannot directly represent clients in court unless they are licensed to practice law by the Bar Council of India.
Who is an Advocate?
An advocate is a lawyer who has registered with a State Bar Council and obtained a license to practice. They have passed the All India Bar Examination (AIBE) and are authorized to represent clients in civil, criminal, or constitutional matters. Advocates can argue cases in court, present evidence, and make legal submissions before a judge.
Key Differences Between a Lawyer and an Advocate
| Feature | Lawyer | Advocate |
|---|---|---|
| Qualification | Holds an LLB degree | Holds an LLB degree and is licensed by the Bar Council |
| Court Representation | Cannot represent clients in court | Can represent clients and argue cases in court |
| Legal Advice | Can provide legal advice and draft documents | Provides legal advice and represents clients in court |
| Certification | No enrollment required with Bar Council | Must be enrolled with a Bar Council and pass the AIBE |
| Scope | Limited to consultancy and documentation | Full-fledged legal practice including courtroom representation |
Who Can Argue Cases in Court?
Only those enrolled with a Bar Council as advocates can represent clients in court. Lawyers who have not yet obtained this license are restricted to giving legal advice. To become eligible to argue in court, a lawyer must pass the Bar Council of India exam and obtain the Certificate of Practice.
How to Become a Lawyer or Advocate
- Lawyer: Complete an LLB degree from a recognized university. After this, one can work as a legal advisor, consultant, or corporate legal professional.
- Advocate: After completing an LLB, the graduate must enroll with a State Bar Council and pass the All India Bar Examination (AIBE) to obtain a Certificate of Practice. Only after this can they represent clients in court.
In summary, all advocates are lawyers, but not all lawyers are advocates. Understanding this distinction is crucial for anyone seeking legal advice or representation in court.
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