Difference Between Lawyer and Advocate: Deciphering Two Faces of Law

Lawyer and advocate are legal terms often used interchangeably by people. The general connotation of both words is that they advise clients and represent them in court in matters of legal dispute.

While in layman terms, the difference between both the terminologies may not seem striking, the two professions vary by definition, roles and scope of practice.

The difference between lawyer and advocate delineates two essential facets within the legal realm. A lawyer can advise the clients on legal matters and draft their documents for court proceedings, however, a lawyer cannot represent a client in court.

That is where an advocate’s role gets significance. An advocate holds the qualification to present a case in the court of law.

If you have been using both the terms with a limited understanding, then here in the article, we will unveil the major differences between lawyer and advocate, on the basis of their education, scope of practice and earnings.

Who is a Lawyer?

A lawyer encompasses a broader spectrum of legal practice, offering counsel, drafting documents and engaging in negotiations across various domains such as corporate, criminal, or family law.

Responsibilities of a Lawyer

The core responsibility of a lawyer is to handle the cases outside the courtroom. It is to note that not all lawyers are advocates. Key responsibilities of a lawyer include:

• Providing legal counsel
• Gather evidence and build case strategy
• Draft documents
• Negotiate and settle cases outside the courtroom

Who is an Advocate?

An advocate predominantly focuses on courtroom advocacy, passionately representing clients during trials, presenting arguments and navigating the intricate dynamics of litigation.

Responsibilities of an Advocate

The core responsibility of an advocate is to represent the client in the courtroom. All advocates are lawyers. Key responsibilities of an advocate include:

• Represent clients in court
• Provide legal advice
• Conduct legal research and prepare documents
• Argue cases before judges

Differences between Lawyer and Advocate - An Overview

Though lawyers and advocates share similarities, their differences predominantly stem from their specialised focuses and practices within the legal domain.

While in certain jurisdictions these titles can be used synonymously, in others, they may denote varying roles or levels of legal representation.

Differences in Responsibilities - Lawyer vs Advocate

Differences in Educational Qualification - Lawyer vs Advocate

Similarities Between Lawyer and Advocate

Despite the key difference between lawyer and advocate, there are a number of similarities between the two.

Skillset

Both advocate and lawyer require excellent communication skills along with strong analytical, research and time management skills.

Education

Both advocates and lawyers need to have legal education and academic qualifications like LLB.

Specialisation

Lawyers and advocates can specialise in specific areas of law like criminal, civil, family, corporate and more.

Ethical Duties

Both lawyers and advocates require an ethical and professional code of ethics to maintain the integrity of the profession. They need to be loyal and confidential and uphold their duty to the court and justice system.

Scope of Practice: Advocate vs Lawyer

Lawyers can offer legal counsel to their clients - individual or business. They can also do legal research, gather evidence and draft legal documents for the clients, but they cannot practice law in a courtroom.

Advocates are known to specialise in representing and advocating clients in the court of law. They are permitted to practice law in the courtroom if they enroll with a state bar council.

For which, they must first register and then pass the All India Bar Exam (AIBE) which qualifies them to represent and defend clients in court.

Experience: Who is More Powerful – Lawyer or Advocate?

The key difference between lawyer and advocate is that of courtroom authority. An advocate gets to defend the client in the real court setting whereas a lawyer with no bar registration misses on the litigation skills and real-world legal insight.

A lawyer's strength can be counted on legal theories, research, consultation and advisory roles and an advocate on the other hand can boast of real world experience of a courtroom.

The courtroom authority provides an extra edge to advocates, hence for some advocates appears a better and more powerful choice.

But the ultimate answer to who is better depends on the client's specific needs and individual's career aspirations.

Who Earns More – Lawyer or Advocate? 

The ability to represent the clients in the courtroom makes the earning potential of an advocate even though both lawyers and advocates start their careers with salaries around ₹1–2 LPA.

• Average salary of Lawyers: ₹3 to ₹10 LPA
• Average salary of Advocates: ₹5 to ₹15 LPA

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Named in honour of the Hero Group's chairman and founder, Dr Brijmohan Lall Munjal, BML Munjal University is dedicated to cultivating, safeguarding and disseminating globally acclaimed expertise and competencies to a diverse cohort of students worldwide.

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• BA LLB(Hons.) 

Within the B.A. LL.B. (Hons.) programme, BMU empowers students to cultivate a comprehensive understanding of law by integrating studies in history, political science, sociology and economics.

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