Difference between an Advocate and a Lawyer

Pooja Sethi (Querist) 08 October 2009 This query is : Resolved
Please advice what is difference between an advocate and a lawyer .Somebody told me it’s related to registration with Bar Coucil of state.

If somebody get registered with BCI become advocate & if only holding law degree what he/she will call ?

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A V Vishal (Expert) 08 October 2009
Pooja

An Advocate and a lawyer are both holding a law degree, but whereas an Advocate is Registered/enrolled under the Advocates Act,1961 with the Bar Council of India and is entitled to practise law in any court in India and a lawyer is not enrolled and hence cannot appear before a court of law. Further there are restrictions on an advocate on employment whereas a lawyer can profess any vocation or business and can undertake private employment.

Sachin Bhatia (Expert) 08 October 2009
A Lawyer is somebody who can give legal advice and has been trained in the law.

An Advocate is somebody legally empowered to represent another person, or act on their behalf.

An advocate in fact is an agent who conducts business under authority that is controlled and limited by a written document called vakalatnama, or power, of attorney granted by the principal. An Advocate is Registered/enrolled under the Advocates Act,1961 with the State Bar Council.
While on the other hand a Lawyer does not required such written document for giving legal advice

Are Advocate and Lawyer are synonyms?

Basically yes, but they are not necessarily Interchangeable terms, you cannot for instance say I give you the Power of a Lawyer, but you definitely might say I give you the power of Attorney...

Jithendra.H.J (Expert) 08 October 2009
As per the advocates Act 1961

Section 2. Definitions.

1[(1)] In this Act, unless the context otherwise requires,-

(a) "advocate" means an advocate entered in any roll under the provisions of this Act;

(i) "legal practitioner" means an advocate 6[or vakil] of any High Court, a pleader mukhtar or revenue agent;

29. Advocates to be the only recognised class of persons entitled to practice law.

Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates.

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