When it comes to seeking legal redressal the term Judiciary, Lawyers and Advocate are used in courts. Also, When you were attending those history lectures in your classes, you shall have come across the fact that Mahatma Gandhi (Bapu) was South Africa returned “BARRISTER”.
And when you were attending your contract or business lectures you must have countered with the term “ATTORNEY”. Also, if you are pursuing law, you must have dealt with many times the word LAWYER that soon you will be a “LAWYER”.
Advocate, Barrister, Attorney, and Lawyer, these are the terms you must have faced most of the time. And you must always be curious what is the difference between them. Because these terms are presumed to be synonyms. But, what is the exact meaning?
So, in this article, we cover the Difference between LAWYERS, ADVOCATES, BARRISTERS, SENIOR ADVOCATE, ADVOCATE ON RECORD, ADVOCATE GENERAL, ATTORNEY GENERAL, SOLICITOR GENERAL, AND PUBLIC PROSECUTOR.
Table of Contents
Who is a Lawyer?
A lawyer is basically a general term that is used for any person who has a law degree LL.B which stands for Legum Baccalaureus, a Latin term which means Bachelor of Law. Therefore, various types of lawyers includes advocates, attorneys, solicitors, law professors etc. All of these are considered to be experts in different fields of law. A Lawyer are eligible to give legal advice to any person but they can not eligible to stand in a court to represent a client.
Who is an Advocate?
Advocate is a person who has completed a law degree and is eligible to stand in court on behalf of his/her clients. The term Advocate is usually used only for a lawyer.
After a student completes his or her law degree, he or she needs to give an exam conducted by the All India Bar Association (AIB). After clearing the exam, the student gets ‘COP ’. COP is the eligibility criterion to practice in courts of law in India.
Law Graduate who has a certificate of practice, COP number can be called an advocate
Section 2(1) (a) of Advocates Act 1961 defines “Advocate” as
Advocate” means an Advocate entered in any roll under the provision The Advocate Act 1961.
All Advocates are Lawyers but all Lawyers are not Advocates.
Who is a Barrister?
If a person gets a degree in law from England is called a barrister.
A barrister is a legal practitioner whose main purpose is to practice advocacy in court. They regularly have less interaction with clients. Barristers devote their working hours in chambers where they prepare their cases.
Who is a Senior Advocate?
Section 16 in THE ADVOCATES ACT, 1961
16. Senior and other advocates.—
(1) There shall be two classes of advocates, namely, senior advocates and other advocates.
(2) An advocate may, with his consent, be designated as a senior advocate if the Supreme Court or a High Court is of opinion that by virtue of his ability 1[standing at the Bar or special knowledge or experience in law] he is deserving of such distinction.
(3) Senior advocates shall, in the matter of their practice, be subject to such restrictions as the Bar Council of India may, in the interest of the legal profession, prescribe.
(4) An advocate of the Supreme Court who was a senior advocate of that Court immediately before the appointed day shall, for the purposes of this section, be deemed to be a senior advocate: 2[Provided that where any such senior advocate makes an application before the 31st December 1965 to the Bar Council maintaining the roll in which his name has been entered that he does not desire to continue as a senior advocate, the Bar Council may grant the application and the roll shall be altered accordingly.]
A senior Advocate is an advocate who has been elected as such by either the Supreme Court or the High Court. Senior advocates wear gowns that have flaps on the shoulders. A Senior Advocate cannot file a vakalathnama. They can not appear in the Court without another advocate or advocate-on-record or cannot directly accept an appointment to appear in a case or draft pleadings. A senior advocate argues cases in Court upon orders from another advocate.
Who is an Advocate on Record?
An advocate on record is an advocate who has cleared a qualifying examination conducted by the Supreme Court of India.
The examination is taken by an advocate who has been enrolled with a Bar Council for at least 5 years and has completed 1-year training with an Advocate On Record of not less than 5 years standing.
Only an AOR, Advocate on Record can file a vakalathnama, a petition, an affidavit or any other application on behalf of a party in the Supreme Court.
All the procedural course of action of a case is dealt with by the AOR, with the assistance of a registered officer. AOR’s name appears on the cause list. The AOR is held answerable, by the Court, for the conduct of the case. Any notices from the Court are sent to the AOR, and not to the party.
Who is an Advocate General?
Article 165 of the Indian Constitution defines Advocate General for the State
1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.
(2) It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.
(3) The Advocate-General shall hold office during the pleasure of the Governor and shall receive such remuneration as the Governor may determine.
Who is an Attorney General of India?
Article 76 of the constitution mentions that he/she is the highest law officer in India. As a chief legal advisor to the government of India, he advises the union government on all legal matters.
- The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney General for India
- it shall be the duty of the Attorney General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force
- In the performance of his duties, the Attorney General shall have the right of audience in all courts in the territory of India
- The Attorney General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.
Solicitor General of India?
The Solicitor General for India is subordinate to the Attorney General of India. They are the second law officer in the country and assists the Attorney General. Four Additional Solicitors General assisted them.
Who is a Public Prosecutor?
If a person has a degree in law, passed the BCI exam, works with the State Government, and takes the side of the Victim is called Public Prosecutor. In short a law officer who conducts criminal proceedings on behalf of the State in the public interest.
Conclusion
A lawyer is a class that includes every individual who has a degree in law and an advocate is a specie that includes only those lawyers who are qualified to practice in the court of law as an advocate.
We hope you must know the meaning of the above terms.
FAQ
- Pleader:- An advocate appearing on the side of a private party or on behalf of the client is a pleader.
- Advocate General:- An Advocate who fights the case on behalf of the State Government.
- Attorney General:- An Advocate who fights the case on behalf of the central government of India is called as Attorney General
- Solicitor General:- Assistant of the Attorney general is known as the Solicitor General
- Barrister:– If a person gets a degree in law from England is called a barrister.
- Advocate on Record:- An advocate on record is an advocate who has cleared a qualifying examination conducted by the Supreme Court of India.
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