What is the difference between advocate and counselor?
October 9,2023
This article is written by Adv. Simran Acharya and this article is focus on advocate, counselor and what is the difference between both, what is advocate under the advocate act 1961, and who is counselor.
And this article has been published by Adv. prakash Chand Sharama.
Table of contents:- 1.Introduction. 2.Who is advocate? 3.Who is a counsel? 4.What is the difference between advocate and counselor? 5.Conclusion. 6.Researcher and writer. 7.Reference. |
1.Introduction:-
This article aims to highlight the difference between an Advocate and a Counselor. An Advocate is a person who has been registered with the Bar Council of India, and is authorized to represent clients in court and file lawsuits on their behalf. On the other hand, a Counselor is not registered with the Bar Council of India, but provides legal advice to people on various legal issues. A Counselor cannot file a suit in court, but can become a representative of a lawyer in court. It is important to note that the term "lawyer" is often used interchangeably with the term "advocate".
2.Who is the advocate?
The term 'advocate' has been defined under Section 2(1)(a) of the Advocates Act, 1961. As per the Act, a person who has been registered on any roll created by this Act is an advocate. It is important to note that before the enactment of the Advocates Act, 1961, there were various classifications of legal professionals, such as pleaders, vakils, lawyers, and attorneys. The Advocates Act, 1961 brought about a uniform system of legal professionals in India and established the Bar Council of India as well as the State Bar Councils. The Act also lays down the qualifications and conditions for admission as an advocate, as well as the rights, privileges, and duties of advocates.The term 'advocate' has been defined under Section 2(1)(a) of the Advocates Act, 1961. As per the Act, a person who has been registered on any roll created by this Act is an advocate. It is important to note that before the enactment of the Advocates Act, 1961, there were various classifications of legal professionals, such as pleaders, vakils, lawyers, and attorneys. The Advocates Act, 1961 brought about a uniform system of legal professionals in India and established the Bar Council of India as well as the State Bar Councils. The Act also lays down the qualifications and conditions for admission as an advocate, as well as the rights, privileges, and duties of advocates.
3. Who is a counselor?
A Counsel or a 'Counselor' at law is a person who provides legal advice and deals with various legal matters. The term 'Counsel' is often used interchangeably with the term 'lawyer'. However, the word counsel can also mean advice given outside of the context of the legal profession. In general, a Counsel is an individual who provides guidance, support, and advice to others in any field. In the legal profession, Counsel refers to an individual who has been admitted to the bar and is authorized to represent clients in court and provide legal advice on various legal issues. It is important to note that the term 'Counsel' is used in different ways in different countries and legal systems.
4.Difference between advocate vs counselor:-
The main difference between an Advocate and a Counselor is that an Advocate is a lawyer who represents clients in court and has the right to practice law, while a Counselor is a lawyer who provides legal advice and guidance to clients but does not represent them in court.
In India, an Advocate is someone who is enrolled with a Bar Council and has the right to practice in court. On the other hand, Counsel in India appears in court as a representative of the Advocate, but is not enrolled with the Bar Council and is not entitled to practice law.
In common law countries like the United Kingdom, Advocate is a term used to refer to a lawyer who has the right to speak and plead in court, while Counsel is used to refer to a lawyer who is retained to give advice on a case but does not appear in court.
In summary, an Advocate is a general term for a lawyer who practices law and appears in court, while a Counsel is a more specific term for a lawyer who provides legal advice but does not represent clients in court.
5. Conclusion:-
This article explains the difference between advocates and counselors in the legal system. Advocates are authorized to file suits and plead cases in court, while counselors can only provide advice on legal issues and cannot file a suit. Advocates are registered under the Bar Council of India, whereas counselors are not. Additionally, counselors can represent lawyers in court. It is important to understand the roles and responsibilities of advocates and counselors in order to navigate the legal system effectively
6. Researcher and Writers:-
Intellectual Property Owner:-Techalam Legal Solution LLP*,
Author & Writer:- Simran Acharya*(B.Com, LLB, LLM, Adv.), Adv. Naya Jain **(LLB, ADV)
Researcher & Scientific Work:- Prakash Chand Sharma***
Technology & Intelligence Director:- Devendra Choudhary******
Founders, Designated Partners & Associate of Zumosun Group
Mobile:- +91 9116098980/9119112929 email:- thelegalbank@gmail.com
7. Reference:-
