Lawyer vs Advocate: Difference Between Lawyer and Advocate
Updated on Aug 29, 2023 | 9 min read | 4.0k views
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Updated on Aug 29, 2023 | 9 min read | 4.0k views
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Lawyers and advocates play crucial roles within the legal system, advocating for justice and representing clients in legal matters. As legal professionals, they possess comprehensive knowledge of laws, regulations, and precedents and are adept at analysing complex legal issues. The primary difference between lawyer and advocate lies in their specialised roles within the legal system, with lawyers providing legal advice and advocates primarily representing clients in court proceedings.
A lawyer is a legal professional who has completed a formal education in law and obtained a degree in the field. They are licenced to practise law and provide legal advice and representation to individuals, businesses, organisations, and governments. Lawyers have in-depth knowledge of the law, including statutes, regulations, and legal precedents. They use this expertise to assist clients in various legal matters, such as drafting contracts, giving legal advice, negotiating settlements, and representing clients in court proceedings.
An advocate is a legal professional specialising in representing and defending their clients’ interests in legal proceedings, particularly in court. Advocates are trained to present arguments persuasively and effectively before judges and juries, aiming to achieve the best possible outcome for their clients. While “advocate” is commonly used in some legal systems, it may be synonymous with a “barrister” in countries following the British legal system. In other legal systems, “advocate” may refer to any legal professional practising law, including lawyers and attorneys.
A barrister is a legal professional, particularly in countries that follow the British legal system, such as England, Wales, Australia, and some other Commonwealth countries. Barristers are lawyers who specialise in advocacy and representation in court. They are usually experts in specific areas of law and are often engaged by solicitors or directly by clients to provide specialist legal advice and advocacy in court proceedings. Barristers typically wear distinctive black gowns and wigs when appearing in court.
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The lawyer and advocate difference lies primarily in their roles.
Here are the fundamental similarities between a lawyer and an advocate:
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The difference between lawyer, advocate, and barrister lies in their roles within the legal system. The key differences are:
Lawyer | Advocate | Barrister |
Studied law and is licenced to practise | Advocates are lawyers who have passed the Bar Council Exam of India, allowing them to represent clients in court. | Typically found in countries with a British-based legal system, like England and Wales. |
Can work in various legal areas, including providing legal advice, drafting legal notices, deeds, wills and negotiating contracts | Specifically trained and primarily engaged to argue cases and present evidence before judges and juries. | Specialise in representing clients in court and arguing their case before a judge and jury. Experts in specific areas of law, barristers are often engaged by solicitors or clients to provide specialist legal advice and advocacy in court proceedings. |
Often hired as a legal adviser, in-house legal counsellor to corporates and organisations and consultants. | Specialises in courtroom advocacy and representing clients in court proceedings | Wear distinctive black gowns and wigs when appearing in court. |
Understanding the lawyer, advocate, barrister difference is crucial for comprehending the varied roles and specialisations within the legal profession.
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To become a lawyer in India, follow these steps:
To become an advocate in India, follow these steps:
In some legal systems, the terms “lawyer” and “advocate” are used interchangeably, and there may be no formal distinction between the two. However, assuming that “lawyer” refers to a legal professional who primarily provides legal advice and handles non-courtroom legal matters, and “advocate” refers to a legal professional who specialises in courtroom representation, the process of becoming an advocate typically involves the following steps:
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The comparison between a lawyer and an advocate as better professions depends on individual preferences, career goals, and the legal system in which one practices.
Lawyers may find satisfaction in transactional work, corporate law, intellectual property, or family law. On the other hand, advocates may thrive in the excitement of courtroom advocacy, presenting arguments, and litigating cases.
Ultimately, the better profession is subjective and depends on an individual’s passion, strengths, and career objectives within the context of the legal system in which they practise.
Both lawyers and advocates are integral to the legal profession, upholding justice and safeguarding the rights of individuals and entities. While the terms may vary in meaning across legal systems, lawyers generally encompass a broader range of legal work, including advisory roles and courtroom representation, whereas advocates specialise in courtroom advocacy.
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