What is the work done by Lawyers vs Advocates in India?
Introduction:
When you hear the word lawyer, what comes to mind? A person who fights for your rights and gets justice for you? Or maybe someone who helps people negotiate contracts and other legal matters. Well, there's a third option: an advocate. An advocate is someone who practices law in India and has certain qualifications that must be fulfilled before becoming one. In this article, we'll explore what it means to be an advocate, how they differ from lawyers, how they're different than court judges, etcetera!
The practice of law in India is often categorized into two distinct categories: Advocate and Lawyer. Both professionals perform essentially the same work, but there are many different aspects that differentiate between them. This article will help you see where the differences lie so that you can make an informed choice about which profession might be best for you.
First and foremost, it is important to understand the difference between a lawyer and an advocate.
First and foremost, it is important to understand the difference between a lawyer and an advocate. A lawyer can represent you in lower courts such as magistrate courts or police stations, while an advocate represents you in high courts or supreme court.
A lawyer has legal training that helps him/her understand laws better and provides legal advice on different issues related to the law so that they can help their clients get justice from various courts across India. The term “advocate” means someone who advocates for others when they cannot afford legal representation themselves; however; there are some areas where one needs an advocate but not necessarily a lawyer (such as divorce cases).
A lawyer has a legal degree, which means they have studied law in college and passed the bar exam. They are then able to practice law in India and represent people who need legal counsel or representation. In order to become a lawyer, one should complete their undergraduate studies first with at least 50% marks and then go on to graduate law school.
Advocates are those who are permitted to plead cases in the Superior Courts of India.
Advocates are those who are permitted to plead cases in the Superior Courts of India. Advocates may also be referred to as senior advocates based on the experience they have acquired during their careers. They have the exclusive right to practice law in higher courts than that trial courts and subordinate courts (such as High Court, and District Court).
The Advocates Act, of 1961 defines the term “advocate” as a person who has been admitted to practice in the Supreme Court or any high court of India and is entitled to plead or act on behalf of parties in any proceedings.
The Legal Services Authorities Act, 1987 defines the term “advocate” as a person who is enrolled with a State Bar Council or a Bar Council of India and permitted to practice in any court.
In the High Court of Mumbai and the Supreme Court of India, advocates are called Senior Advocates based on their experience.
In the High Court of Mumbai and the Supreme Court of India, advocates are called Senior Advocates based on their experience.
Senior advocates can argue in the Supreme Court. They have to pass an examination called "Lis Chambers". If they pass this examination then they are entitled to become a senior lawyer and they will be known as senior lawyers.
They also have a lot of other benefits like:
-They get a seat in the Supreme Court. -They have the right to argue in any court in India.
Advocates have the exclusive right to practice law in higher courts.
The advocate's profession is regulated by the Advocates Act, which lays down the qualifications, practice, and powers of all advocates. The Act also provides for the establishment of an association to govern the affairs of advocates.
Advocates are entitled to argue cases in higher courts (Supreme Court, High Courts, and Tribunals). They cannot however argue cases before lower courts like district courts or Sessions Courts.[2]
Apart from this, Lawyers can also be appointed as judges in a lower court but advocates cannot be appointed as judges.
Apart from this, Lawyers can also be appointed as judges in lower courts but advocates cannot be appointed as judges. Advocates are entitled to argue only before the high court and not in lower courts. Lawyers are not entitled to practice law in any court of law other than the high court or supreme court.
In general, a lawyer can practice in any court of law but an advocate is entitled to argue only before the high court.
In general, a lawyer can practice in any court of law but an advocate is entitled to argue only before the high court. There are some exceptions to this rule, however. A lawyer can appear in any court except the Supreme Court (SC), while an advocate cannot appear before the SC.
The Advocate-General of India is appointed by the President of India as a constitutional head of defense for defending his actions before him/herself or others against criminal prosecution under Section 197 or other laws falling within his/her jurisdiction; i.e., he/she defends people accused by public servants who have committed crimes like corruption, etc., but does not defend them when charged with murder or rape, etc., unless specifically directed by law otherwise
There are certain qualifications required for a person who wants to become a lawyer or an advocate.
To become a lawyer, you must have completed a degree in law. There are certain qualifications required for a person who wants to become a lawyer or an advocate.
You need to:
- Be a graduate of a recognized university and have completed your LLB course from that university.
Conclusion:
Litigation is one of the most important activities in the Indian system. The majority of the individuals are associated with litigation cases, however, they may not be having enough knowledge of it. Therefore, we have discussed what actually is litigation and the roles which are performed by a lawyer and an advocate.
In conclusion, the difference between a lawyer and an advocate is that while both work on the same legal principles, they have different roles in society. The lawyer is responsible for handling all legal issues while the advocate can only argue cases before the high court.
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