In common usage, the terms lawyer and advocate are often used interchangeably. However, under Indian law, they are not identical. While every advocate is a lawyer, not every lawyer is an advocate. The distinction primarily arises from statutory recognition under the Advocates Act, 1961 and the right to practice before courts.
Below is a detailed comparative analysis highlighting the key differences.
| NO. | Basis Of Difference | Lawyer | Advocate |
| 1. | Definition | A person who has obtained a law degree (LLB) | A lawyer enrolled with a State Bar Council |
| 2. | Statutory Status | Not specifically defined under the Advocates Act | Recognised under the Advocates Act, 1961 |
| 3. | Right to Practice in Court | Cannot automatically represent clients in court | Has the legal right to appear and plead in courts |
| 4. | Enrollment Requirement | No mandatory enrollment | Must be enrolled with a State Bar Council |
| 5. | Bar Council Membership | Not a member | Mandatory membership |
| 6. | Appearance Before Courts | Not permitted | Permitted before all courts (subject to seniority) |
| 7. | Bar Examination | Not required | Must pass the All-India Bar Examination (AIBE) |
| 8. | Professional Title | Academic qualification | Professional legal status |
| 9. | Drafting & Advisory Role | Can give legal advice and draft documents | Can advise, draft, and also argue cases |
| 10. | Client Representation | Cannot represent clients in litigation | Can represent clients in litigation |
| 11. | Ethical Code | Not governed by Bar Council rules | Bound by Bar Council of India Rules |
| 12. | Disciplinary Control | No disciplinary authority | Subject to disciplinary action by Bar Councils |
| 13. | Court Dress Code | Not applicable | Mandatory court dress prescribed |
| 14. | Right to File Vakalatnama | Cannot | Can file and act through vakalatnama |
| 15. | Practice Certificate | Not issued | Issued after enrollment and AIBE |
| 16. | Professional Privileges | Limited | Enjoys statutory privileges |
| 17. | Legal Standing | Academic/legal knowledge holder | Court-recognised legal practitioner |
| 18. | Scope of Work | Consultancy, corporate roles, teaching | Litigation, advisory, and consultancy |
| 19. | Senior Designation | Not applicable | May be designated as Senior Advocate |
| 20. | Relationship | A broader term | A specialised category of lawyer |
In essence, a lawyer is someone who knows the law, while an advocate is someone who practices law before courts. The distinction is crucial in legal education, professional ethics, and courtroom practice. Indian law clearly recognises advocates as the only class of legal professionals authorised to practice law before courts, tribunals, and authorities.
Thus, every advocate is a lawyer—but every lawyer does not become an advocate unless duly enrolled and qualified.
