Under the advocate act 1961, advocates are the person who is well qualified in their profession and provide a legal base for their working system. An advocate is generally known to put up a legal case and do pleading the whole matter in front of the jury and fight in the name of law on someone else’s behalf.
While talking about a lawyer the case turns up to any person who has got a degree in an LLb or is been properly qualified and knows about the conditions and sections of law.
Lawyer vs Advocate
Advocates are called to be a level ahead of that of the lawyers, as the lawyers have less experience regarding the law and jurisdictions as well as they have only graduated in the examination degree of law and still not have appeared for the next level of it.
The advocates are called to be more experienced along with expertise in their field and background, they have the right as well as have the permission of representing their client’s case in the court, as they have specialized knowledge to put up a case and plead it for the client and do the required compensation.
Difference Between Lawyer And Advocate In Tabular Form
|A lawyer is a qualified person who is a knower of law and can give appropriate knowledge to the ones seeking it.
|An advocate is a person who is qualified more than a lawyer who is capable of giving appropriate knowledge to the justice seekers, as well as can put the case in front of the jury and can fight on behalf of the victim/ party.
|The lawyers are said to have cleared the All-India Bar Exam and should have the basic knowledge of discipline and decorum to get the position of an advocate, they have only appeared for the degree in LLB.
|The advocates have done the graduation and afterward, they have also appeared and cleared the All- India Bar Exam.
|Lawyers have only academic experience and no courtroom experience as they have never pleaded for any case in the court.
|Advocates have academic as well as courtroom experience, they have pleaded cases and compensations.
|Lawyers have the duty of providing legal advice and terminologies on put in a matter of the client.
|Advocates have the duty of representing a client’s case in court.
|Lawyers can be taken under the group of moderately charged as the only task they do is legal advising.
|Advocates are highly charged as they do the main task of providing justice to the client.
|Lawyers can be engaged in different activities at the same time, as they are free from any type of commitment.
|Advocates cannot be engaged in any other activity; they must be committed to one and only one profession.
Who is a Lawyer?
A lawyer is much more of a generalized term that is referred to any person having a degree of law, who knows the law, and who can give lawful knowledge. He/she can be recognized as more of a legal adviser rather than a practitioner. Bar council of India does not come in between the practices of a lawyer, they are free to opt for any other profession also, they can be an active partner, sleeping partner, a full-time teacher, or maybe opting around any other likely profession.
Lawyers may also be categorized into various types, each one having a unique operational style, and task. The lawyers in general are found much more than that of the advocates.
Types of Lawyers
Intellectual Property Lawyer
Any case regarding the intellectual properties; as such are copyrights, trademarks, graphical indication, patents, goodwill, etc., if any individual or a company has stolen someone else’s intellectual property directly or indirectly then the legal advice is sought from intellectual property.
Public Interest Lawyer
These are the lawyers that give legal advice with minimal charges to the public by advising on public matters like criminal cases and others too. These are in the favor of the public as they are legal advisors.
Integral matters like paying taxes from different areas and spectrums and legal advice are always needed for managing the wealth. Many cases require specialized knowledge from attorneys, which tax lawyers come up as a better and cheap option.
Paying off the taxes, and having huge wealth as the gift can be a big problem at times to resolve, these lawyers sort out the taxes to be paid and the difficulties arising in the process.
These are in demand on the day as they provide legal advice to the growing firms, the pieces of advice are such that they are within the boundaries of the law. They have specialization in tax law, security rights, intellectual property rights, and many more.
These lawyers are a boon to the organizations and individuals who want to have the appropriate knowledge but somehow they are not having that much knowledge.
The rise in immigration all over the world in search of work has given birth to a different type of lawyer, the people who immigrate to the different countries must be allowed for working efficiently yet legally, and any problem arising at that point is corrected by or taught by immigration lawyers.
Any criminal activity such as murder, kidnapping, and other issues are advised by these lawyers, for what are the procedures to put a case on the guilty. The lawyer then analyses the whole case and goes through a proper methodology of research on it and then concludes.
The crime done is not a mistake always they should be given punishment as severe as the crime, such the rape cases should be given equal punishment which according to every person present here is, the death that may be the best and the worst for the rapists.
Civil Rights Lawyer
Commonly called human rights lawyers, they are the ones who help the common people to seek help for the violation of the fundamental rights in any way or other. If any person is exploited against any right given to the citizens by the government then he/ she is liable to put up a suit against the one exploiting it.
Every person is under the umbrella of some basic rights, they can not be cheated in any kind of transaction, in any kind of freedom, equality in every term, to be informed, to have a choice, and the right to be heard.
Any domestic case such as domestic violence, theft is done by children under the age of 18, divorce, house issues among the members, or any other are taken into account by family lawyers. Any immature deed done may also need a family lawyer.
These lawyers sometimes try to clear out misunderstandings that arose in the families, so that to combine them again and don’t let the happy lives split out for any misunderstood task. These are considered to be a holy task of making lives together, and sorting out the familiarised matters.
Lawyers specialized in fighting on the side of nature against the forces that are affecting it worse, forces like pollution, and excessive industrial waste inscribed in nature continuously. The ones producing these bad norms for the environment must be punished, and so the task is taken under the environmental lawyers.
They are considered to be more of a nature preserver, as the steps like these are a wide step in commencing the world to a metaverse view, preserving it, and punishing those who try to harm it in any way.
Estate Planning Lawyer
The wills create for the progenies of a generation, creating the beneficiaries capable of transferring properties from their parents and ancestors. The upcoming generations of a family have a say in their parent’s property, for that purpose a will must be prepared and the plannings and distribution documents should be made, all these tasks are completed by estate planning lawyers.
Who is an Advocate?
An advocate is a legally identified person who is capable of putting forward another’s case on behalf of themselves, they are highly paid, have specialized knowledge, as well as they are experienced in courtrooms. He particularly follows a set ideology and works upon it with efficiency.
Advocates are seen as high-profile fighters against injustice as they are seen to be pleading cases on behalf of another person, and if the person in opposition is found guilty, then they give their best to provide the compensation/ justice to the victim. The fee they charge is much higher than the lawyers for one case, the nominal fee that they charge is around 5-6 lakh for one hearing, and the fees can be much higher/ greater if the lawyer has to travel to any other place for the cause of any case or its pleading in the court.
Types of Advocates
These are the common advocates that do the task of pleading compensation in front of the jury in the respected court on behalf of someone else. They are paid a higher amount as the task done by them is also better and upfront. They have also appeared and therefore must have passed the India bar council exam, they collect evidence, study the whole report, see the pros and cons of the whole situation and then fight the case wisely.
He/ she must be a person who has a wider view of looking into the matter of the world.
Any advocate recognized by the supreme court or the high court can be categorized as a senior advocate, in general, these advocates have a higher say in the courtrooms, because of the experience of their previous cases, won cases, and different points to plead at every say. He does not have to go and find evidence or do any such task to fight up the case, instead all the matter is arranged up by the juniors working along. No senior advocate can come into court without the presence of an advocate-on-record or a junior advocate as such is the position of a senior advocate.
Crucial matters or the brutal cases that are in turn for years or decades at times are to be handled by these advocates, as their previous experience helps them to explore more at times and to plead the case more wisely and appropriately.
These are the ones practicing the law, as such, they also have quite an experience in their field. Any case that has been not satisfied in the district court ahead following the high court has to have been passed on to the supreme court. Not every advocate has the authority to do so, hence these are the ones that have the right to put forward a case for pleading in front of the respected supreme court.
Advocates and lawyers are the ones acting as mediators. The victim is to be given the equality and the right to be heard which is given to them by the lawyers and the advocates, the ones who don’t have the right information about what is done to them and what actions they can take up. These are the persons who get compensation according to the legal advice they provide and the services they render.
The divisions and sub-divisions are also created from the point of view that every type of law breakage will be taken into account and suitable action will be taken upon it at an accurate time. The difference between both of them must be clear now as a brief note we are aware that the lawyers are taken to be only giving legal advice and see/analyzing the whole situation accurately, whereas the task of advocates is a little up to the brim. They are the ones who come up and sue the case in front of the jury.