Legal Guide

What is the difference between barrister and advocate?

by Bhavya Choudhary · 4 min read

difference between barrister and advocate

Every subject has its own set of work opportunities. When it comes to the law, though, there are several options. After graduation, a law graduate has various options. Beyond becoming a lawyer, the legal area offers a wide range of opportunities, many of which are interconnected. The word “lawyer” brings up ideas of a suit, high shoes, and a courtroom for many people. This blog will deal with the differences between a barrister and an advocate.

The name “barrister” brings up thoughts of a white wig and a black robe as well. However, beyond their legal attire, attorneys and barristers are unique — and this distinction is more obvious in other nations. The average individual believes that lawyer, advocate, and barrister are all the same thing. However, there are significant variances between them. We’ll go over the differences between BARRISTER and ADVOCATE in this blog but before knowing the difference between barrister and advocate, let us first understand them individually.

What exactly is a “barrister”?

A barrister is someone who has obtained a legal degree from England. He is a seasoned lawyer. They provide expert legal assistance in certain areas of law. The majority of barristers are self-employed and work in chambers with other barristers to share the costs of settlement and officials. Furthermore, banks, businesses, companies, and law firms might hire them as in-house advisers (consultants).

Barristers are experts in courtroom advocacy, expert legal counsel, client representation in court, and written guidance. Clients rarely engage barristers, unlike lawyers, who have far more direct contact with their clients. Solicitors usually instruct barristers on behalf of their clients.

A barrister, sometimes known as a jurist, is a lawyer who acts as an advocate for a plaintiff before a court of competent jurisdiction. A barrister is a lawyer who represents a client in court and delivers the case to a judge or jury. A barrister may acquire extra instruction in evidence law, ethics, and court practice and procedures in various countries. A solicitor, on the other hand, interacts with clients, undertakes preliminary and administrative work, and gives legal advice. He or she may develop and review legal documents, contact clients as needed, prepare evidence, and oversee the day-to-day administration of a case in this capacity.

Solicitors can act on behalf of their clients, but barristers can only do so when a solicitor or other competent authority instructs them to.

Generally, they will focus on a certain area of law (e.g., criminal, family, or commercial), and their day-to-day concentration will change as a consequence. Many of them are self-employed and work in ‘chambers.’ They are both in charge of operating them. There are those who work for the government, as well as for commercial and public organizations.

Barristers cover the following activities in their profession, depending on their specialization, employment status (e.g., self-employed or not), and seniority:

  1. Providing legal assistance to clients. This necessitates extensive study, which they subsequently deliver to a client or solicitor in either written or conversational form.
  2. Understanding and interpreting the law in order to give broad legal advice to clients as part of a company or at events.
  3. Client representation in court. This might entail things like presenting the case, interviewing witnesses, and providing summaries, among other things.
  4. Settlement of negotiations.

Barristers might be involved in the formation of legal policy and strategy at a higher level. 

Advocate

According to the Advocates Act of 1961, advocates are attorneys who have passed the Bar Council Exam. In layman’s terms, an advocate is a member of the legal profession who holds a law degree and also represents clients in court. He represents his client in order to assist them to win the case and escape punishment or receive compensation, depending on the client’s position, i.e. whether the client is a defendant or a complainant. The Advocates Act of 1961 provides various rights and protection to advocates.

An advocate is someone who openly promotes or advocates for a topic or policy. The advocate is qualified to present his or her clients’ arguments in court, but the lawyer is unable to do so since he or she is still studying law/LLB.

 A lawyer can be an advocate, but an advocate cannot be a lawyer. An advocate’s responsibilities include: representing a client in a court of law, speaking on a client’s behalf, and defending their case, whereas a lawyer’s responsibilities include: providing legal assistance, can handle legal matters depending on the sort of lawyer, the role, and responsibilities may differ.

Difference between a barrister and an advocate

The difference between a barrister and an advocate is that, if you have studied law in INDIA, you become a lawyer and a lawyer turns into an advocate after passing the Bar Council exam of India, whereas if you have studied in England, then you become a Barrister. This is one of the major differences between barrister and advocate.

The next difference between a barrister and an advocate is that a barrister might be involved in the formation of a legal policy but an advocate is not involved in the formation of legal policy.

A barrister is appointed by the solicitor whereas an advocate is directly appointed by his/her client. This is an important difference between a barrister and an advocate.

Another difference between a barrister and an advocate is that the barristers can only act on behalf of their clients when a solicitor or other competent authority instructs them to, but an advocate can act on behalf of their clients.

The above-mentioned points are some of the differences between a barrister and an advocate.

Conclusion

It is important to remember that each country has its own system. South Africa, Bangladesh, India, Sri Lanka, and Pakistan, for example, have very identical structures and hierarchies. As a result, these nations have the same words. However, the United Kingdom, Wales, and many other nations use other terminology. We hope this blog has helped you in understanding the difference between a barrister and an advocate.

A lawyer becomes an advocate when he gets enrolled in Bar Council. Read on to know the difference between a barrister and an advocate.

Bhavya Choudhary

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Bhavya Choudhary

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