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Difference Between Advocate and Barrister

The judicial system is often misunderstood. For instance, the terms lawyer and advocate are often used interchangeably. To make it even more complicated, there are barristers. All of them are basically lawyers who specialize in legal matters. Barrister is the British term for an advocate. Anyone who studied law and is practicing in England is usually regarded as a barrister. People often consider the profession of advocate and barrister as common, but that’s not the case. Anyone in the legal field must know the difference between the two. We help you understand the difference between an advocate and a barrister.

Advocate

To best understand the term advocate, let’s first understand who is a lawyer. Any person who has completed his/her law degree can be called a lawyer. Basically anyone who practices law and is licensed to prosecute or defend a court action on behalf of a client is a lawyer. A lawyer can be a legal counsel, adviser, or a consultant. Now, those lawyers who qualified the Bar Council Exam are called advocates. So, an advocate is the one who is qualified to represent his/her client in the court of law. An advocate can support or speak in favor of a particular person, cause or policy. The role of an advocate somewhat varies because different countries has their own legal systems. An advocate can be called an attorney or a lawyer in the United States. In India, anyone who has completed his/her law degree and passed the Bar Council of India exam can be called an advocate.

Barrister

Barrister is one of the two types of practicing lawyers in England. The other one is the solicitor. So, any person who pursues law degree from England is called a barrister. A barrister is a legal practitioner who practices advocacy and defends his/her clients during court proceedings. You must be thinking all lawyers practice law, then why they are not called barristers. Like advocates, barristers also represent their clients in court proceedings but are involved extensively because of their vast knowledge and experience in legal matters. So, barrister is basically a lawyer who represents clients in the higher courts of law. They are best qualified to represent clients at all levels of court and tribunals. Barrister specializes in a specific area of law, but there are some who practice law in multiple legal areas. All barristers are lawyers, but not all lawyers are barristers.

Difference between Advocate and Barrister

Client Representation

– Advocates are legal professionals or lawyers who have passed the Bar Council Exam and can support or speak in favor of a particular person, cause or policy. Advocates represent their clients and advocate for their interests. Although all lawyers do that, advocates particularly represent clients in the court of law. Barrister is an expert in courtroom advocacy and also represents his/her clients in court proceedings but is involved extensively because of his/her vast knowledge and experience in legal matters.

Legal Advice

– If you have studied and practiced law in India, you are called a lawyer, but if you have studied your law in England and passed the bar exam there, you become a barrister. Barrister is an expert advocate who gives legal advice and represents clients at all levels of court and tribunals. Both advocates and barristers are qualified to defend their clients in specific areas of law. Barristers often work in quarters called chambers, which is like a shared space. Besides, barristers and advocates both are highly qualified legal professionals who provide clients with expert legal advice.

Advocate vs. Barrister: Comparison Chart

Summary

The line between a barrister and an advocate is becoming narrower and narrower as both are legal professionals who provide clients with expert legal advice. Traditionally, one would go first to a lawyer regarding some legal matters, and then the lawyer studies the case and goes to the barrister for expert advice perhaps a specialist opinion. The barrister would actually do the advocacy. Now, the roles have become less defined. Barristers do advocacy and advocates run the case and get it ready for tribunal. 

Is barrister the same as advocate?

Both are legal professionals, who provide clients with expert legal advice and practice advocacy is the court of law. Both advise their clients in legal matters and obligations. Barrister is an expert advocate who obtained the degree of law from England.

Are Canadian lawyers called barristers?

Canadian lawyers call themselves barristers or solicitors. Traditionally, the term litigator was often used instead of barrister.

What is an advocate called in Canada?.

Canada uses the term barrister or solicitor or sometimes litigator.

Is barrister higher than a lawyer?

Barrister is a highly qualified lawyer who has obtained his/her law degree and passed the Bar Council Exam in a particular area of law. So, barrister is better qualified and more experienced than a lawyer.

What does an advocate do in court?

An advocate can support or speak in favor of a particular person, cause or policy in the court of law. He/she is the officer of the court and plays a crucial role in the administration of justice.

What is an example of advocate?

A lawyer who represents and defends the interests or cause of someone or a group of people in a specific legal area is an advocate. An advocate is the one who helps people find their voice.

Is barrister the same as lawyer?

Anyone who obtained his/her law degree and passed the Bar Council Exam from England is called a barrister. Barristers are basically lawyers, but not all lawyers are barristers. Unlike barristers, lawyers cannot represent their clients in the court of law.

What is a barrister called in USA?

Barristers are similar to trial lawyers or litigators in USA.

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References :


[0]Mendelson, Jason and Alex Paul. How to Be a Lawyer: The Path from Law School to Success. New Jersey, United States: John Wiley & Sons, 2022. Print

[1]Model Rules of Professional Conduct. Illinois, United States: American Bar Association, 2007. Print

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