diff between lawyer & advocate in India
D Narasimhan
(Querist) 05 July 2015
This query is : Resolved
1.What is the difference between lawyer & advocate..?
2.i hv compltd by LL.B and graduated.
Am in the process of Bar Council Regn.Pending BCI regn ,Can i use professional logo of lawyer and Can i mention as Advocate or Lawyer in my business card,letters & communication etc. If so Which Word advocate or lawyer is correct.?
Gulshan Tanwar
(Expert) 06 July 2015
1. Lawyer is one who has got LL.B degree and is not registered with bar council whereas Advocate is registered with bar Council and is governed by the Advocates Act.
2. Without registration dont use Advocate in any of your letters but you can use Lawyer as it is academic recognition.
Rajendra K Goyal
(Expert) 06 July 2015
Get registration with the Bar Council of India before using any logo etc.
M V Gupta
(Expert) 06 July 2015
With due respect I disagree. The titles Lawyer and Advocate are synonymous. By merely passing LLB exmn one cannot use the above titles in his business card, unless he or she is enrolled with the State Bar Council.
M V Gupta
(Expert) 06 July 2015
On further examination of the issue, I find that the word "Lawyer" is not used in the Advocates Act, 1961. It uses the word "Advocate" which is defined in Sec 2 (1) (a) as meaning a person entered in any roll under the provisions of this Act. The other expression used is "Legal Practitioner" which is defined in Sec 2(1)(i) of the Act to mean an advocate or Vakil or Pleader or Mukhtar or a revenue agent." However the word Lawyer is used in common parlance as synonymous with Advocate. Oxford dictionary provides the meaning of the word Lawyer to mean a person pursuing law as a profession- a solicitor or expert at law". Blacks law dictionary provides - " Lawyer is person learned in the law as an Attorney, Counsel or Solicitor; a person licensed to practice law.'In view of the above it may be appreciated that a person who is not enrolled with a Bar Council in India cannot use either of titles Advocate or Lawyer as mentioned in my above posting.
Gulshan Tanwar
(Expert) 06 July 2015
In practice, legal jurisdictions exercise their right to determine who is recognized as being a lawyer. As a result, the meaning of the term "lawyer" may vary from place to place.
In Australia, the word "lawyer" is used to refer to both barristers and solicitors (whether in private practice or practicing as corporate in-house counsel).
In Canada, the word "lawyer" only refers to individuals who have been called to the bar or, in Quebec, have qualified as civil law notaries. Common law lawyers in Canada are formally and properly called "barristers and solicitors", but should not be referred to as "attorneys", since that term has a different meaning in Canadian usage. However, in Quebec, civil law advocates (or avocats in French) often call themselves "attorney" and sometimes "barrister and solicitor" in English.
In England and Wales, "lawyer" is used to refer to persons who provide reserved legal activities and includes practitioners such as barristers, attorneys, solicitors, registered foreign lawyers, patent attorneys, trade mark attorneys, licensed conveyancers, public notaries, commissioners for oaths, immigration advisers and claims management services. The Legal Services Act 2007 defines the "legal activities" that may only be performed by a person who is entitled to do so pursuant to the Act.
In South Asia, the term "lawyer" is often colloquially used, but the official term is "advocate" as prescribed under the Advocates Act, 1961.
In Scotland, the word "lawyer" refers to a more specific group of legally trained people. It specifically includes advocates and solicitors. In a generic sense, it may also include judges and law-trained support staff.
In the United States, the term generally refers to attorneys who may practice law. It is never used to refer to patent agents or paralegals. In fact, there are regulatory restrictions on non-lawyers like paralegals practicing law.
Other nations tend to have comparable terms for the analogous concept.
M V Gupta
(Expert) 07 July 2015
A good piece of information on the global practice in the usage of word "Lawyer". It shows that the word is used to refer to a person who is in the profession of law or practicing law and not to a person who has merely acquired a degree in law or legal studies.This is exactly what I stated in my postings above.
M/s. Y-not legal services
(Expert) 20 July 2015
Well discussion by our team.. In addition to the information
Lawyers mean who are having law decree.. But advocate mean who one is appearing before the courts on behalf of their clients in litigation..
M V Gupta
(Expert) 20 July 2015
As per the Advocates Act, a person who has obtained law degree but not enrolled is called "Law graduate" and not Lawyer.See section 2(1) (h) of the Act.
