Understanding Legal Terms: Lawyer, Barrister, Advocate, and More

The Difference Between Lawyer and Barrister

Let's start by clarifying the difference between a lawyer and a barrister. In India, if you have studied law, you become a lawyer. Similarly, if you have studied law in England, you become a barrister. Although the terms are used differently, the meaning is the same. However, both lawyers and barristers cannot represent clients in court or argue on any case.

The Role of an Advocate

An advocate is someone who has cleared the Bar Council exam and obtained a license to practice in court. Unlike lawyers and barristers, advocates have the ability to represent clients in court. So, if someone introduces themselves as an advocate, it means they have the license to practice and can represent their clients in court.

Different Types of Advocates

Within the legal profession, there are different types of advocates with varying roles and responsibilities:

1. Senior Advocate

A senior advocate is designated by the Supreme Court or High Court based on their extensive knowledge and experience. To become a senior advocate, one must have more than 10 years of practice experience and have appeared in many cases. They wear a distinctive gown and coat, and their fees are generally higher due to their expertise.

2. Advocate on Record (AOR)

An Advocate on Record (AOR) is the only person who can file a case in the Supreme Court. This designation is important because every court, including the Supreme Court, has its own rules and procedures. Only registered AORs are authorized to file cases in the Supreme Court, as they are familiar with its functions and rules. To become an AOR, one must pass the Supreme Court AOR exam, which requires at least 5 years of experience, including 1 year of practice experience under a qualified AOR.

The Role of Advocate General

Every state's governor appoints an Advocate General for their respective state. The Advocate General's primary responsibility is to represent the state government in court. They are considered the "first law officer" of the state and also serve as legal advisors to the state government. If the state government requires representation in any court matter or legal advice, the Advocate General handles the case or provides legal guidance.

Understanding the Role of Attorney General

Similarly to the Advocate General representing the state government, the Attorney General represents the central government. Appointed by the President of India, the Attorney General is responsible for dealing with central government cases and representing them in court. They are also known as the "first law officer" of the country. The Attorney General provides legal advice to the central government on various matters.

The Role of Solicitor General

The Solicitor General assists the Attorney General in their tasks and work. They are known as the "second law officer" of the country. The Solicitor General plays a supporting role in representing the central government and providing legal assistance as required.

Representing the State and the Society

If you have completed your law degree and are interested in serving society, there are opportunities to represent the state in criminal and civil cases. When representing the state in criminal cases, such as rape cases, you would be known as a public prosecutor. In civil cases, you would be called a government pleader. The majority of criminal cases are represented as the state vs. the offenders. In such cases, the state acts as the victim, and you, as a public prosecutor, would represent the state's side. Similarly, in civil cases where the state is involved, you would represent the state as a government pleader.

Conclusion

In this video, we have discussed various legal terms, such as lawyer, barrister, advocate, senior advocate, AOR, Advocate General, Attorney General, and Solicitor General. Each term has its own significance and role within the legal profession. It is important to understand the differences between these terms to use them correctly and avoid any confusion. If you have any further questions or suggestions, please feel free to leave a comment. For more informative content like this, you can follow me on my Instagram page @finologylegal.