Explore the nuanced distinctions between a lawyer and an advocate in our comprehensive guide. Learn about their roles, responsibilities, and the legal contexts in which they operate. Clarify your understanding of legal professionals with expert insights and examples.

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Difference Between Lawyer and Advocate

Lawyers and advocates are tangible elements of the legal profession who uphold justice and safeguard the rights of individuals and entities. It is widespread for the term advocate and lawyer to be used interchangeably. Though there are similarities between the two, there are also some differences.

In this Blog

The difference between a lawyer and an advocate lies not only in the role they play within the judicial system but also in their experience, practice and representation in the court of law. This blog aims to help you distinguish between a lawyer and an advocate on the basis of their roles and functions in society.

Defining the Terms

Lawyer: Roles and Responsibilities

A lawyer is a person who has completed a law degree and has an LLB degree certificate. They are licensed to provide legal advice and practice law.

Advocate: Understanding the Scope

When a lawyer enrols in a state bar council and passes the All India Bar Examination, he becomes an advocate. An advocate is qualified to represent a client in a court of Law. 

Clarifying Misconceptions

Every advocate is a lawyer, but every lawyer is not an advocate. Though both are in the legal profession, an advocate has more responsibility and can advise clients in legal matters and represent them in the court of Law.

Educational and Professional Requirements

Legal Education for Lawyers

It would help if you had a law degree from a recognized university to become a lawyer. You can pursue a three-year course after graduation or a five-year course after 12th grade.

Qualifications and Training for Advocates

It would help if you had a law degree from a recognized university to become an advocate. To train yourself to become an advocate, you need to gain experience as a lawyer by providing legal advice, drafting legal documents and handling non-litigation legal matters. You can even work under senior advocates to gain courtroom experience.

Licensing and Certification Processes

It would help if you cleared the all-India Bar examination to be eligible to practice as an advocate and enrol in a state bar council. 

Roles and Functions

Lawyer: Legal Advice and Representation

The rule and function of the lawyer is to give clients legal advice and draft legal documents. 

Advocate: Courtroom Advocacy and Representation

The duty and function of an advocate is to represent the client in the court of law, defend or fight for their rights, and get the judgement in their favour. 

Overlapping Duties and Specializations

Both lawyers and advocates can provide legal representation, advice, guidance, and advocacy to their clients on legal matters. They both often specialize in specific areas of law, such as corporate law, criminal law, family law, civil law, etc.

Legal Practice Settings

Law Firms and Corporate Settings for Lawyers

Lawyers work in large law firms with a variety of practice areas, in small law firms with one speciality, and even as in-house legal advisors. 

Advocates in Courtroom Settings

Advocates focus on courtroom expertise, litigation, and trial work. They specialize in presenting the cases and arguments before a judge. 

Ethical Considerations

Professional Codes of Conduct for Lawyers

  1. They should not accept and appear in a case where he is a witness.
  2. They should not reveal confidential details of the clients.

Advocates' Ethical Obligations in Courtroom Advocacy

  1. They should always appear in court in the prescribed dress.
  2. They should exercise independent judgment and refrain from being influenced by others.
  3. They should act in the best interest of their client and be honest with them.
  4. They should not communicate with a judge for any pending matter. 

Collaboration and Interdisciplinary Approaches

Opportunities for Lawyers and Advocates to Work Together

In most cases, lawyers and advocates work together. Lawyers handle the paperwork, and advocates represent the client in the court. 

Conclusion

Recapitulation of Key Differences

The critical difference between a lawyer and an advocate is that an advocate is licensed to practice in the court of law, advise and represent their clients. In contrast, a lawyer can only give legal assistance to the client.

Importance of Recognizing and Respecting Both Professions

Both lawyers and advocates play an integral role within the judicial system. Both possess comprehensive knowledge of laws and are well-trained to understand complex legal matters.

FAQ's

In what settings do lawyers typically practice law?

Lawyers typically practice law in law firms, government organizations, and public interest organizations. 

What distinguishes the role of an advocate, particularly in the context of courtroom advocacy?

As compared to a lawyer, an advocate specializes in courtroom advocacy. They are adept in oral arguments, witness examination, and courtroom procedures.

Can a lawyer also be an advocate, or are these roles mutually exclusive?

Every advocate is a lawyer, but every lawyer is not an advocate. For a lawyer to become an advocate, you must enrol in the state bar council and clear the All India Bar Examination. 

How can the general public differentiate between the services offered by a lawyer and those provided by an advocate?

A lawyer provides legal advice to clients, whereas an advocate offers legal advice and represents clients in court. 

 

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