difference between lawyer and advocate

Difference Between Lawyer and Advocate: Meaning, Appointment, Eligibility & How to Become an Advocate in India

Updated for 2025 | Law Career & Legal Education Guide

The legal profession in India is often surrounded by confusion—lawyer vs advocate, advocate vs barrister, who appoints the Advocate General, and even academic questions like “do you think the poet advocates total inactivity and death?”

This comprehensive guide explains every meaning of “advocate”, its legal, constitutional, philosophical, and literary usage, along with a step-by-step roadmap to become an advocate in India.

how to become an advocate

What Is the Meaning of Advocate?

The word “advocate” comes from the Latin advocare, meaning “to speak for or support”.

Meaning in Different Contexts:

  1. Legal Meaning
    An advocate is a person who is:
    • Enrolled with a State Bar Council
    • Authorized to practice law and argue cases in court
  2. General Meaning
    Someone who supports or recommends a cause, idea, or policy
    (e.g., He advocates social reform)
  3. Literary Meaning
    Used metaphorically, such as a poet advocating an idea or philosophy.

📌 In India, “advocate” has a strict legal meaning under the Advocates Act, 1961.


Who Is an Advocate?

An advocate is a qualified law graduate who:

  • Has completed LLB
  • Is enrolled with a State Bar Council
  • Has passed the All India Bar Examination (AIBE)

Legal Definition:

Under Section 2(1)(a) of the Advocates Act, 1961, an advocate is a person entered in any roll under the Act.

✔ Can argue cases
✔ Can file vakalatnama
✔ Can practice before courts and tribunals


Difference Between Lawyer and Advocate (Most Asked Question)

BasisLawyerAdvocate
MeaningLaw graduateLawyer enrolled with Bar Council
Court Practice❌ Not allowed✅ Allowed
Bar Council EnrollmentNot mandatoryMandatory
Can argue cases❌ No✅ Yes
Legal advice✅ Yes✅ Yes

Simple Explanation:

  • Lawyer = Education
  • Advocate = License to practice

👉 Every advocate is a lawyer, but not every lawyer is an advocate.


How to Become an Advocate in India (Step-by-Step)

Step 1: Complete Law Degree

  • BA LLB / BBA LLB / BCom LLB (5 years) – After 12th
  • LLB (3 years) – After graduation

Step 2: Enroll with State Bar Council

Submit:

  • LLB degree
  • Internship certificate
  • Character certificate

Step 3: Clear AIBE

  • Conducted by Bar Council of India
  • Mandatory for practice

Step 4: Start Practice

  • District Court
  • High Court
  • Supreme Court (after eligibility)

📌 Only after these steps can you legally call yourself an advocate in India.

How to Become Advocate After 12th

If you are a 12th-pass student, this is the best route:

  1. Choose BA LLB / BBA LLB / BCom LLB
  2. Clear entrance exams (CLAT / CUET / State exams)
  3. Complete 5-year integrated course
  4. Enroll with Bar Council
  5. Clear AIBE

🎯 BA LLB after 12th is the most popular choice for litigation and judiciary.


Difference Between Lawyer, Advocate and Barrister

FeatureLawyerAdvocate (India)Barrister (UK)
CountryGlobalIndiaUK
Court Practice
QualificationLLBLLB + Bar CouncilBar Training Course
FocusAdvisory / DraftingCourt PracticeCourt Advocacy

📌 Barrister system does not exist in India, but the term is still used historically.


Who Appoints Advocate General of State?

Constitutional Provision:

Article 165 of the Constitution of India

Appointment:

The Governor of the State appoints the Advocate General

Eligibility:

  • Must be qualified to be a High Court Judge
  • Senior advocate with constitutional expertise

Role of Advocate General:

  • Legal advisor to State Government
  • Represents state in High Court & Supreme Court
  • Constitutional authority

📌 The Advocate General is the highest law officer of a State.


Who Appointed Advocate General of State? (Clarification)

Governor of the State
✔ Appointed on the aid and advice of the Chief Minister & Council of Ministers

(This question is often repeated differently in exams.)


Who Advocated “Aham Brahmasmi”?

The Mahavakya “Aham Brahmasmi” (I am Brahman) was advocated by Adi Shankaracharya.

Philosophical Meaning:

  • Central doctrine of Advaita Vedanta
  • Emphasizes non-duality of soul and Brahman

📌 Here, advocated means philosophically promoted, not legally argued.


Do You Think the Poet Advocates Total Inactivity and Death?

This question commonly appears in English literature exams.

Standard Answer:

No, the poet does not advocate total inactivity or death.

✔ The poet may:

  • Temporarily suggest rest
  • Criticize mechanical life
  • Emphasize reflection, not escapism

📌 “Advocates” here means metaphorically supports, not legally promotes.

LLB & BA LLB Admission Support (Expert Guidance)

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Legal & Career Consultant | New Delhi

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If you need admission support for LLB or BA LLB, expert guidance can save years of mistakes.


Final Thoughts

The word “advocate” has multiple meanings—legal, philosophical, and literary—but in India, it carries constitutional and professional authority. Understanding the difference between lawyer and advocate, the appointment of Advocate General, and the path to advocacy is essential for every law student.

📌 Law is not just a profession—it is representation, responsibility, and reasoning.

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