The Terms Between Lawyer, Advocate And Barrister
The difference between a Barrister, an Advocate and a Lawyer is that if you have studied law in INDIA, you become a Lawyer and a lawyer turns into an advocate after enroll his name in any of the State Bar Council in India and then he should pass the AIBE exam within 2 years and whereas if you have studied in England, then you become a Barrister. This is one of the major differences between a Barrister and an Advocate and a Lawyer. It is not necessary that every lawyer can be called an advocate. Every advocate, however, can be termed a lawyer.
When people talk about the terms law, lawyers, advocates and barristers, they are considered equivalent. These words, however, have different meanings, importance and nature. The word lawyer can be used generally, anyone who has acquired their LL.B (Bachelor of Legislative Law) or LLM (Master of Law) is a lawyer. A lawyer can give legal advice to anyone but cannot fight a case on their behalf. It can include both solicitors and barristers, as well as other legal professionals
On the other hand, the person who is an advocate gets the authority to represent the client’s case in court after pursuing his studies in law. It is not necessary that every lawyer can be called an advocate. Every Advocate, however, can be termed a lawyer. To become an advocate in India, people have to get themselves registered with the Bar Council. For this, one has to qualify for the Bar Council exam as per the Advocates Act, of 1961.
A Barrister is someone who secures a law degree from a university or college in England. When we talk about barristers, Mohandas Karamchand Gandhi’s name comes to our mind. He went to London at the age of 19 to study law and become a barrister. Gnanendramohan Tagore was the first Indian barrister. The terms lawyer and barrister are almost the same to some extent. The only difference is that while the former secures a degree from India, the latter gets a law degree from England.
Read Also : || Meaning of Crime and Torts || Difference between Crime and Torts ||
As per the Law Colloquy, Lawyers can provide their services in various capacities. They can work as legal adviser, consultants, academicians, in-house legal counsel or in a corporate firm. They can also draft documents such as contracts, deeds wills, etc. As per the definitions of in Advocates Act 1961 -2(a) “advocate" means an advocate entered in any role under the provisions of this Act; 2(i) “Legal practitioner" means an advocate or vakil or any High Court, a pleader, mukhtar or revenue agent.
Read More : || What is Industrial Dispute and the Acts Scope and Object with Case Lawsuit ||
Most Barristers are self-employed and work in Chambers with other barristers. They do this so that they can share the costs of accommodation and administrators. They can also be employed in-house as advisers by banks, corporations and solicitors firms. Barristers often receive instructions from solicitors and are hired to represent clients in court.
The law aspirants should pursue a 3-year undergraduate degree Bachelor of Laws (LLB.) (Honours) after finishing the Graduation or students who have completed 10+2 in any stream, he/she elligible for 5 year integrated law programme (e.g. BA LL.B).
Conclusion :-
It is important to remember that each country has its system. For example, South Africa, Bangladesh, India, Sri Lanka, and Pakistan have very identical structures and hierarchies. As a result, these nations have the exact words. However, in some legal systems the United Kingdom, Wales, and many other nations use other terminology, like the United Kingdom, the legal profession is divided into solicitors and barristers, each having distinct roles. Solicitors generally handle legal matters outside of court, such as client consultation, drafting legal documents, and negotiations. Barristers, on the other hand, specialize in court advocacy.
In other jurisdictions, such as the United States, the terms "lawyer" or "attorney" are more commonly used, and the role of advocacy is often fulfilled by attorneys who can represent clients both in and out of court.
I hope this article has helped you understand the difference between a Barrister and an Advocate and Lawyer. Thank You 🙏