Words like lawyer, advocate, barrister are heard many times but do you know what is the difference between lawyer, advocate, barrister, pleader, etc.
Who is called Advocate General, Attorney General, and Solicitor General, Public Prosecutor? Let us study through this article to know the answers to questions like who appoints them, how they are done, what is their work, etc.
Often one gets to hear about Lawyer, Advocate, Barrister, Attorney General, Pleader, etc. But do you know what is the difference between all these?
Are Lawyer and Advocate the same person or do they have different names? Let us study through this article the questions and terminology like whether it is necessary to take a degree in law to become an attorney, solicitor, etc.
Who is the Lawyer?
A Lawyer is someone who has a degree in Law, is trained in the field of law, and provides advice and assistance on legal matters. That is, law graduates, knowledgeable in the law. One who has taken an LLB degree becomes a lawyer. He does not have permission to fight the case in court. But as soon as he gets the Sanad from the Bar Council of India (BCI), if he passes the BCI examination, then he is authorized to stand in any court, then he becomes an advocate.
Read: How to Become a Lawyer? or Types of Lawyers
What is LLB after all?
LLB is also called Legum Baccalaures which is a Latin word i.e. Bachelor of Law. After 12th class or even after graduation, children choose the law options and get knowledge related to law. They are called lawyers.
Who are Advocates?
That is, the official speaker who has the right to speak on behalf of someone, let us tell you here that advocate is a verb in English which means to take sides.
An advocate is one who has the right to make representations on behalf of any other person in the court. Simply put, the advocate presents the arguments on behalf of the other person in the court. To become an advocate, it is mandatory to complete the studies of law.
That is, first lawyers are made and then advocates.
Who is called a Barrister?
If a person obtains a law degree from England, then he is called a barrister.
You must have also read that the family members of Mahatma Gandhi wanted him to become a barrister, so he went to London to study law at the age of 19, and there he obtained the degree of a barrister. Mahatma Gandhi had only returned from South Africa as a barrister in India.
That is, it shows that a barrister is a type of lawyer who practices himself in a common-law court.
Who is known as Public Prosecutor?
A person who has a degree in Law has the potential to be an Advocate, who has passed the BCI examination, and if such person appears in the court on behalf of the victim i.e. on behalf of the State Government. If so, we call it Public Prosecutor.
Section 24 of CrPC deals with Public Prosecutor in 2(u). Public Prosecutor is a person appointed by the Central Government or the State Government under the provisions of CrPC to represent the cases on behalf of the State in criminal matters.
The main role of a public prosecutor is to provide justice in the interest of the public. The work of a public prosecutor begins when the police have concluded their investigation and filed a charge sheet against the accused in court.
The public prosecutor is expected to act impartially and present all the facts, documents, and evidence of the case so as to assist the court in arriving at the right decision.
Who is called a Pleader?
If this degree holder or this advocate comes to the court on behalf of the private party, then he becomes a pleader. It is also called a pledge.
A pleader is actually a person who petitions and pleads in a court of law on behalf of his client. In the Civil Procedure Code, 1908, a government petitioner is also made under section 2 (7), who is appointed by the state government for all government work, according to the Civil Procedure Code 1908. That is, anyone acting under the instructions of the government would plead.
Who is called the Advocate General?
A person who has a degree in law, who has the ability to be an advocate, and if he comes to the court to present his case on behalf of the state government, then he is called Advocate General or Advocate General. In India, an Advocate General is a legal advisor to a state government.
This post has been created by the Constitution of India. Let us tell you right here that the Governor of each state, the Advocate General, appoints a person who is qualified to be appointed as a judge of the High Court.
Who is called the Attorney General?
If this person who has a degree in law has the ability to be an advocate and if he appears on behalf of the central government to represent them in the court, then he becomes the Attorney General.
The post of Attorney General of India has been arranged under Article 76 of the Constitution. He is the highest law officer in the country. They are appointed by the President. It is necessary to possess those qualifications, which are necessary for the appointment of a Judge of the Supreme Court.
In other words, he is required to be a citizen of India, having five years’ experience of working as a High Court Judge or 10 years experience of practice in a High Court or as the President may consider. He should be a person capable of judicial matters.
Read: How to Become Judge?
Let us tell you here that the tenure of the Attorney General has not been fixed by the Constitution. Apart from this, no basic system has been given in the constitution for its removal.
Who is called the Solicitor General?
If the same person who has a law degree, has the ability to be an advocate and becomes an assistant to the Attorney General, then he is called Solicitor General.
He is the country’s second legal officer, assisting the Attorney General, and the Solicitor General is assisted by four Additional Solicitors General. In India, like the Attorney General, the Solicitor General in India advises and appears on behalf of the Government in terms of the Solicitor General and Law Officers (Terms and Conditions) Rules, 1972.
However, unlike the post of Attorney General, which is a constitutional post under Article 76 of the Constitution of India, the posts of Solicitor General and Additional Solicitor General are only statutory. The Appointments Cabinet Committee appoints the Solicitor General.
Hope you now know what is the difference between the terms lawyer, advocate, pleader, public prosecutor, advocate general, attorney general, solicitor general, etc.
