Difference Between Lawyer and Advocate: Roles, Rights & Responsibilities
By upGrad
Updated on Apr 23, 2025 | 9 min read | 4.1k views
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By upGrad
Updated on Apr 23, 2025 | 9 min read | 4.1k views
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The terms lawyer and advocate may seem similar, but they refer to different roles within the legal profession. A lawyer is someone who has completed formal legal education, such as a law degree, and is qualified to provide legal advice, draft contracts, handle legal research, or work in legal departments of companies. However, not all lawyers are permitted to represent clients in court.
An advocate, on the other hand, is a lawyer who has met additional requirements, such as registering with a bar council or passing a specific examination, that legally authorize them to appear before a court and argue cases on behalf of clients. The difference between lawyer and advocate depends on what legal functions the person is licensed or recognized to perform within the legal system.
This blog explores their roles, qualifications, and how to choose the right legal professional for your needs.
When exploring legal careers, it is helpful to clearly understand the difference between lawyer and advocate. The confusion around legal professional titles typically arises when terms overlap. Although these terms are often used interchangeably, they refer to distinct positions, qualifications, and roles within the legal profession. Let’s have a detailed look:
A lawyer is a person who holds a law degree, usually a Bachelor of Laws (LLB), obtained from a recognized university or institution. Through their legal education, lawyers learn about various branches of law, including civil law, criminal law, constitutional law, corporate law, and procedural rules that govern how the law is practiced. In some regions, the term attorney is used interchangeably with lawyer, though its meaning may vary depending on local legal practice. For those exploring how to become a lawyer in India, the process typically begins with enrolling in a 5-year integrated program after high school or a 3-year LLB after graduation.
Lawyers generally perform duties such as:
However, holding a law degree alone does not automatically grant a lawyer the privilege of representing clients directly in court. Typically, lawyers must complete additional steps if they wish to appear before a judge and argue cases formally.
An advocate is a lawyer who has taken additional formal steps enabling them towards legal practice in India within the courts. The term barrister is often used in countries like the UK to refer to a legal professional who represents clients in court, similar to the role of an advocate. To become an advocate in India, an individual must first earn an LLB degree and then complete two further mandatory requirements:
Upon successfully completing these requirements, the State Bar Council registration and the All India Bar Examination, the lawyer officially becomes an advocate authorized to represent clients before courts of law throughout India. Without completing bar council enrollment, a law graduate may be limited to advisory or research roles and cannot appear in court.
Advocates have responsibilities that include:
Here is a clear summary of lawyer vs advocate:
Parameter | Lawyer | Advocate |
Legal Qualifications | Holds a Bachelor of Laws (LLB) degree | Holds a Bachelor of Laws (LLB) degree, registered with the State Bar Council, and cleared the All India Bar Examination |
Court Representation | Generally cannot represent clients directly in court without additional certification | Legally permitted to represent and argue cases for clients in courts |
Registration Requirement | Registration with the Bar Council not mandatory for advisory practice | Mandatory registration with the State Bar Council for courtroom practice |
Scope of Work | Legal advice, preparing legal documents, negotiating, mediating disputes, and conducting research | Direct courtroom advocacy, litigation management, and case presentation |
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If you're planning to start a legal career in 2025, it's important to know what’s required to become a lawyer or an advocate in India. A clear understanding of the difference between lawyer and advocate allows aspiring legal professionals to plan their academic and professional path more effectively. Choosing the right law programs can significantly impact your legal career, especially when considering faculty, curriculum, and practical exposure.
The journey to becoming a lawyer in India involves pursuing legal qualifications such as a Bachelor of Laws (LLB) degree, which can be undertaken through two primary routes law schools durations:
The five-year integrated law program is specifically structured for students who wish to pursue legal education immediately after completing high school (Class 12). It merges undergraduate studies with legal coursework, offering a combined degree within a five-year period.
Students can enroll directly after completing their Class 12 (10+2) education from a recognized board with a minimum of 50–55% marks.
This program combines an undergraduate degree with legal studies, such as BA LLB, BBA LLB, B.Com LLB, or B.Sc LLB. It spans five years and is divided into ten semesters.
The curriculum of the five-year integrated law program combines arts or business-related subjects with core legal studies. Students study subjects like history, sociology, economics, or business administration alongside legal subjects such as constitutional law, criminal law, family law, jurisprudence, property law, and contract law. The program also includes practical components like moot courts, internships, and legal drafting to provide hands-on experience.
To gain admission into a five-year integrated law program in India, candidates must clear one of the following entrance exams:
The three-year LLB program is ideal for graduates who decide to study law after completing their bachelor’s degree in another discipline. This program provides focused legal education over a shorter period, preparing students directly for careers in the legal profession.
This program is designed for graduates who have already completed a bachelor's degree in any discipline from a recognized university.
Spanning three years and six semesters, it focuses exclusively on core legal subjects such as contract law, property law, torts, and civil procedure.
The curriculum for the three-year LLB program is designed to provide a comprehensive understanding of legal principles, statutes, and their application. Below are the key subjects covered:
This blend of theoretical and practical components equips students with the skills necessary for legal practice
To gain admission to a three-year LLB program in India, candidates must clear competitive entrance exams. Some of the most popular exams include:
Both pathways provide comprehensive training in legal theory and practice, preparing students for careers in litigation, corporate law, legal consulting, or judicial services. Learning about the lawyer and advocate difference makes it easier to understand how legal services work.
Must Read: Answer to Why and How to Pursue a Career in Law after Graduation
Transitioning from a lawyer to an advocate involves specific educational and professional steps. While a law degree qualifies an individual to offer legal advice and draft legal documents, additional requirements must be fulfilled to represent clients directly in court as an advocate. The following outlines the clear, step-by-step process to move from being a qualified lawyer to becoming a practicing advocate in India.
Step 1: Complete an LLB Degree
Step 2: Register with the State Bar Council
Step 3: Pass the All India Bar Examination (AIBE)
Step 4: Begin Practicing Law in Courts
How upGrad Can Help:
upGrad’s courses provide in-depth legal knowledge and practical skills to help learners advance their careers in the legal field. These include:
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Law and Justice in a Globalizing World
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LL.M. in Corporate and Financial Law (Blended Learning Program)
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Understanding the roles and responsibilities within the legal profession helps clarify what lawyers and advocates actually do in their day-to-day work. This section outlines the main duties involved in both legal advisory and courtroom practice, giving a clear picture of what to expect in each professional role.
Lawyers play a vital role in the legal system, serving as advisors, representatives, and guardians of justice. Their responsibilities are multifaceted and critical to ensuring that clients receive fair and effective legal services
Advocates, as officers of the court, have additional responsibilities that are crucial to the administration of justice. Their responsibilities extend beyond those of lawyers and include:
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Lawyers and advocates are granted certain rights and privileges that allow them to carry out their professional duties effectively. These rights are not only important for protecting the legal professional but also for ensuring that clients receive proper representation. These are detailed below.
Lawyers have the right to provide legal advice to individuals, businesses, and organizations on matters involving laws, regulations, and rights. Although lawyers are not automatically allowed to represent clients in court without enrolling with a State Bar Council and passing the All India Bar Examination, they are still involved in many aspects of dispute resolution. Lawyers may participate in negotiations, mediations, or arbitrations to help settle disputes before legal action becomes necessary. Their practice rights enable them to work closely with clients, prepare cases, and support advocates who appear in court, forming a vital part of the legal support system.
Advocates hold the exclusive right to represent clients in court and argue cases before judges at various levels, including District Courts, High Courts, and the Supreme Court of India. This includes presenting oral arguments, examining witnesses, filing petitions, and making legal submissions on behalf of clients. Advocates are authorized to appear in both civil and criminal matters and are central to the litigation process.
In addition to the right of audience in court, advocates can access case files, attend in-camera proceedings (where permitted), and engage directly with the judicial system. These privileges come with the responsibility to follow court procedures, maintain decorum, and uphold professional conduct as outlined by the Bar Council of India. The ability to act and speak for clients in legal proceedings is a distinct professional right that sets advocates apart from lawyers who are not certified for courtroom practice.
Rights of Advocates:
Under Section 29 of the Advocates Act, 1961, only individuals enrolled as advocates with a State Bar Council are legally entitled to practice law before courts in India. Lawyers must fulfill additional qualifications to gain these rights. This distinction ensures professionalism and competency in courtroom representation.
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The legal profession demands a high standard of integrity, responsibility, and fairness. Lawyers and advocates are expected to follow a strict code of professional conduct and ethical behavior, both inside and outside the courtroom. These rules, set by the Bar Council of India, are designed to promote trust, protect client interests, and uphold the dignity of the legal system. This section explains the ethical principles and professional responsibilities that legal practitioners must follow throughout their careers.
Lawyers are bound by ethical obligations that guide their professional conduct. These include the following:
Duty to Uphold Client Interests
Lawyers must represent their clients to the best of their ability using fair and lawful means. Personal opinions about a client’s guilt, innocence, or character should not influence the quality of legal representation provided.
Confidentiality
Maintaining client confidentiality is a core duty. Lawyers must not disclose any sensitive or private information shared by a client, unless required to do so by law. This protection is essential for building trust.
Professional Conduct
Lawyers should conduct themselves with respect and professionalism, especially in court. They must not engage in private communication with judges regarding ongoing cases or behave in a manner that disrupts court proceedings.
Duty to Accept Cases
In general, lawyers should not refuse cases if they are available and the client agrees to their fee. However, they must avoid taking on cases where there may be a personal interest, conflict of interest, or if they are likely to be called as a witness.
Withdrawal from Cases
Once a lawyer has accepted a case, they should not withdraw without a valid reason, such as non-payment of fees or ethical concerns. If withdrawal is necessary, they must give the client reasonable notice and return any unearned portion of the fee.
Compliance with Legal Standards
Lawyers are required to stay informed about current laws, court rules, and regulations. They must follow all professional guidelines set by the Bar Council and comply with any changes in the legal framework.
Reporting Misconduct
If a lawyer becomes aware of unethical or improper behavior by another legal professional, they are expected to report it to the appropriate authority. Cooperation with disciplinary investigations is part of their responsibility to the profession.
Advocates are expected to follow a clear set of professional and ethical standards that guide their behavior in and out of court. These principles are designed to uphold the integrity of the legal system and ensure that advocates serve both their clients and society responsibly.
Respect for the Court
Advocates must maintain respect and decorum in court at all times. This includes speaking and acting with dignity and avoiding any behavior that could disrupt proceedings or show disrespect. Private communication with judges on pending matters is strictly prohibited.
Client Representation
Advocates are required to act in the best interest of their clients, using fair, lawful, and honorable means. They must refuse to represent clients who demand the use of dishonest or unethical practices in their cases.
Professional Integrity
Confidentiality and impartiality are central to legal practice. Advocates must avoid conflicts of interest and never agree to fees that are dependent on the outcome of a case. They are also prohibited from sharing in the profits or property involved in a case.
Dignified Conduct
Advocates must dress in accordance with the prescribed court dress code and maintain a professional appearance. During court proceedings, they should remain calm and avoid making personal remarks or showing anger.
Social Responsibility
Advocates have a role in promoting justice and strengthening public confidence in the legal system. They are expected to support the rule of law and avoid any conduct that harms the reputation or functioning of the legal profession.
Compliance with Legal Standards
Advocates must follow all applicable laws, rules, and professional guidelines. They are also expected to report any misconduct by fellow advocates to the appropriate regulatory authorities.
Failing to follow the code of conduct can result in disciplinary actions such as warnings, suspension from practice, or permanent removal from the State Bar Council's roll. Upholding these standards is essential for maintaining public confidence and the credibility of the legal profession.
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A career in law offers a wide range of professional paths, both within and beyond the courtroom. Whether starting out as a junior advocate or working as a legal advisor, the legal profession provides opportunities for steady growth, specialization, and leadership. As law students progress in their studies, the difference between lawyer and advocate becomes more relevant to their career choices.
This section explores the typical career trajectory and the various options available to legal professionals as they advance in their field.
The legal profession in India offers a diverse range of career opportunities, catering to various interests and specializations. Lawyers can choose traditional roles such as litigation or explore emerging fields like legal technology and consultancy. When comparing different legal roles, understanding the average lawyer salary in India can help candidates make informed decisions. Below is an overview of some prominent career paths:
Traditional Career Paths:
These roles have long been the foundation of the legal profession in India. They include courtroom practice, corporate law, and judicial service, offering structured growth and well-established responsibilities.
Emerging Career Paths
As the legal industry evolves, new roles are developing at the intersection of law, technology, media, and policy. These paths offer dynamic opportunities for those looking to work beyond conventional legal settings.
Alternative Career Options:
For those seeking non-traditional roles, there are several options that apply legal expertise in new ways. These careers often focus on global collaboration, social impact, or resolving disputes outside the courtroom.
Skills Required for Success:
Read More: Types of Law in India: Everything to Know
Advocates in India have access to a wide range of professional opportunities from courtroom litigation to corporate counsel, government service, and international legal roles. Gaining career opportunities in law depends on building practical experience, developing specialization, and building strong professional connections. Below is a step-by-step roadmap outlining how advocates can advance their careers at different stages.
The initial years of legal practice are focused on building a strong foundation. Advocates gain practical knowledge, learn procedural skills, and begin developing professional relationships through training and mentorship.
Start as an Apprentice or Assistant
Fresh law graduates usually begin their journey by working under senior advocates or law firms. This helps them gain practical knowledge of courtroom procedures, case strategy, legal drafting, and client handling.
Build Expertise Through Internships
Internships during or after law school are essential for exposure to different areas of law such as litigation, corporate advisory, human rights, or public policy. Practical experience helps sharpen legal skills and prepares young advocates for independent practice.
With a few years of experience, advocates can explore more independent or structured roles. This stage often involves choosing a specialization, growing a client base, or advancing within law firms or corporate settings.
Independent Practice
After gaining foundational experience, many advocates choose to set up their own practice. This allows them to focus on specific areas such as criminal, civil, constitutional, or family law and build a personalized client base.
Join Law Firms
Advocates can join law firms as associates and move up to senior roles such as partners or team leads. Law firms offer structured growth, mentorship, and access to high-profile clients and transactions.
Corporate Legal Departments
Corporate roles involve working in-house for companies, managing contracts, regulatory compliance, internal legal disputes, and risk assessment. Advocates with combined legal and business qualifications (e.g., BBA LLB) are particularly suited for these roles.
Government Positions
Advocates can serve in various government legal roles, including Public Prosecutor, Legal Advisor, or Solicitor General. These roles contribute to public service and offer job stability and long-term career growth.
Judicial Services
Advocates can appear for state and central judicial service examinations to become judges in subordinate courts. With experience and promotions, they may rise to higher judicial positions in High Courts or the Supreme Court.
As advocates gain expertise and recognition, they can transition into leadership, academic, or international roles. These opportunities offer greater responsibility, influence, and the chance to shape the legal profession more broadly.
Specialized Legal Practice
With years of experience, advocates may focus on niche fields such as tax law, arbitration, intellectual property, or environmental law. Specialization can bring in higher fees, a strong reputation, and greater professional recognition.
Legal Academia
Senior advocates may choose to enter teaching and research by joining law schools or universities. This path allows them to shape future legal professionals while contributing to academic discourse.
International Practice
Advocates can practice law internationally by qualifying under the legal requirements of other jurisdictions (e.g., the New York Bar or the UK Solicitors Qualifying Examination). This opens doors to global opportunities in cross-border transactions or international arbitration.
Leadership Roles in Law Firms
With experience and client trust, advocates can become equity partners or lead practice areas within large firms. These roles come with both responsibility and influence in shaping firm strategy and mentoring junior lawyers.
Skills Required for Career Advancement:
To grow in the legal profession, advocates must consistently develop a mix of technical and interpersonal skills:
Read More: Top 5 Law Books to Read to Increase Your Skills
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How the public views lawyers and advocates plays an important role in the legal system. Trust in legal professionals affects how comfortable people feel seeking legal help and how confident they are in getting fair treatment. This section looks at what influences public perception and how lawyers can build and maintain trust through their actions and behavior.
Lawyers are generally seen as important professionals who help people solve legal problems and protect their rights. Many respect them for their knowledge and role in the justice system.
At the same time, some people feel that lawyers are too expensive or hard to understand. Public opinion can depend on personal experiences, how lawyers are shown in the media, and how they treat clients in real life.
Despite some challenges, lawyers are respected for their contributions to justice, governance, and social support. Their expertise and dedication are seen as valuable in many areas of public and private life.
Advisory Roles
Lawyers are appreciated for helping individuals and businesses with legal advice on contracts, taxes, disputes, and compliance. Their non-litigation work—like drafting documents and negotiating agreements—is seen as important in preventing legal problems before they reach court.
Gatekeepers of Justice
Lawyers are recognized for helping people understand their rights and guiding them through legal procedures. Their role in supporting justice and fairness strengthens public trust in the system.
Social Contributions
Many lawyers take up pro-bono cases for those who can’t afford legal help. This improves access to justice for underprivileged communities and challenges the idea that legal services are only for the wealthy.
Although lawyers play a vital role, certain issues have led to concerns and criticism from the public. These include the affordability of legal services, delays in the justice system, and ethical conduct in the profession.
Accessibility Issues
Legal services are often seen as expensive and mainly available to wealthier clients. This creates a perception that lawyers are out of reach for common people, especially in rural or lower-income areas.
Cost and Delays
Lawyers are sometimes associated with high fees and long delays in court cases. These issues can affect how the public views the legal profession as a whole.
Ethical Concerns
Cases of unethical behavior or malpractice damage public trust. Media sometimes reinforces negative stereotypes, showing lawyers as being more focused on profit than justice.
Workplace Risks
Lawyers face threats and violence in some areas, highlighting the need for better safety measures. These challenges can also affect how the public sees the security and seriousness of the profession.
Advocates hold a respected position within the legal community due to their active role in representing clients before courts and upholding the rule of law. Their responsibilities in litigation, arguing cases, interpreting laws, and ensuring fair trials give them a prominent and influential status among legal professionals.
Their work requires strong legal knowledge, ethical conduct, and persuasive communication, which earns them recognition not only from peers but also from judges, clients, and institutions. Advocates who consistently demonstrate integrity, professionalism, and skill in court often build a reputation that contributes to their standing and trust within the broader legal system.
Starting and growing a legal career requires more than just a degree; it takes practical skills, industry exposure, and continuous learning. upGrad offers structured programs and expert guidance to help law students, graduates, and working professionals build strong foundations and advance confidently in their legal careers. This section highlights how upGrad's offerings can support you at every stage of your journey in the legal field.
In today’s competitive legal landscape, having practical skills and specialized knowledge can make a significant difference in career growth. upGrad’s certification programs are built to match current industry demands and help legal professionals gain the skills that employers look for. These programs not only strengthen legal understanding but also focus on hands-on training that improves job readiness.
Here’s how upGrad’s certification programs support your legal career:
Mentorship from industry leaders provides students and professionals with personalized guidance as they navigate their careers. These mentors offer insights into industry trends, role expectations, and effective career strategies, particularly when it comes to salary negotiation. Their experience helps mentees understand their market value and advocate for competitive compensation packages.
In addition, strong alumni networks create valuable pathways to job placement. Alumni can offer referrals, share firsthand experiences about employers, and provide tips for succeeding in interviews. These connections often lead to early access to job openings and a deeper understanding of company cultures, giving candidates a competitive edge in the hiring process.
Career transition services offer structured guidance to help individuals successfully navigate the job market. Resume-building workshops teach participants how to tailor resumes to specific industries by focusing on relevant skills, quantifiable achievements, and clear formatting. These sessions often include personalized feedback from career coaches to ensure that resumes meet current industry standards. Interview preparation adds another layer of support, helping candidates practice responses to both behavioral and technical questions through mock interviews and coaching.
Many programs also maintain strong placement partnerships with top companies, providing participants with direct access to exclusive job openings, recruitment events, and networking opportunities. These connections significantly increase the chances of securing interviews and landing roles that align with each candidate’s goals and expertise.
Choosing the right legal professional depends on understanding the difference between lawyer and advocate. If you need legal advice, contract drafting, or corporate legal support, a lawyer can assist you. However, if your case requires courtroom representation or litigation, an advocate is the right choice, as they are authorized to argue cases in court. Since all advocates are lawyers but not all lawyers are advocates, knowing this distinction ensures you select the right professional for your legal needs.
Boost your legal career with upGrad’s expert-led courses. Enroll now to gain practical skills and industry insights for success in the legal field! Have questions or need assistance? Contact upGrad today and let our team guide you on your learning journey!
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