What’s the Difference Between a Lawyer and an Advocate?
Introduction
Many people use the terms lawyer and advocate interchangeably — but in the eyes of law, they are not the same. Both play vital roles in the Indian legal system, yet their rights, responsibilities, and qualifications differ.
In this article, we break down the difference between a lawyer and an advocate in simple terms, so you can make the right choice for your legal matter.
1. Who is a Lawyer?
A lawyer is anyone who has completed a Bachelor of Laws (LLB) degree from a recognized university.
They have the academic qualification to practice law but may or may not have the license to appear in court. Lawyers can:
- Offer legal consultation and advice
- Draft documents such as contracts, wills, or petitions
- Work in corporate firms, NGOs, or legal departments
- Assist senior advocates or research on legal matters
However, a lawyer cannot represent clients in court unless they have enrolled with a State Bar Council and cleared the All India Bar Examination (AIBE).
2. Who is an Advocate?
An advocate is a lawyer who is authorized to appear in court and plead on behalf of clients.
To become an advocate, a person must:
- Complete an LLB degree,
- Enroll with a State Bar Council, and
- Pass the All India Bar Examination (AIBE) conducted by the Bar Council of India.
After fulfilling these conditions, they receive a Certificate of Practice, allowing them to appear before any court, tribunal, or authority in India.
3. Key Differences Between Lawyer and Advocate
| Criteria | Lawyer | Advocate |
|---|---|---|
| Qualification | Holds an LLB degree | Holds LLB + enrolled with Bar Council |
| Right to Practice in Court | No | Yes |
| License Requirement | Not required | Mandatory (Certificate of Practice) |
| Work Areas | Legal advice, drafting, research | Court appearances, arguments, client representation |
| Recognition by Bar Council | Not recognized | Recognized and regulated by the Bar Council of India |
4. Which One Should You Hire?
If your case requires court representation, you must hire an advocate.
If you only need legal advice, contract drafting, or document verification, a lawyer can handle it efficiently.
In practice, every advocate is a lawyer, but not every lawyer is an advocate.
5. The Legal Perspective in India
Under the Advocates Act, 1961, only enrolled advocates have the exclusive right to practice law in India.
Section 29 of the Act clearly states:
“Only advocates are entitled to practice the profession of law in India.”
This means that even if someone has a law degree, they cannot appear before courts or tribunals without enrollment.
Conclusion
The distinction between a lawyer and an advocate may appear subtle, but it has legal significance. Understanding this difference helps you choose the right professional for your specific legal needs.
Whether you need inheritance advice, property recovery, or representation in court — always check if your legal professional is a registered advocate with a valid Certificate of Practice.
At Inheritance Recovery, we connect you with experienced advocates specializing in inheritance, probate, and estate matters.
Contact us today for professional legal guidance and court representation you can trust.
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