What is the difference between solicitor and lawyer in india

Some of these titles of legal persons are lawyer, solicitor, attorney, advocate, barrister and counselor. Let us take a closer look and try to differentiate between a lawyer and a solicitor in this article. A lawyer is a generic term that is used to describe a person who has taken a degree course and is qualified to work as a lawyer, a person who is certified to take up cases of clients and to represent them in a court of law.

He is also the person who is qualified enough to give legal advice on all sorts of matters. Solicitors were the one who drew pleadings or written statements in a case filed before the court and performed functions of attorney for the clients.

Barristers argued the cases in the court on behalf of the same clients. Solicitor was the important link between the two. The solicitor briefed the barrister about the case. Moreover, in case of negligence on part of the solicitor, the barrister could advice their clients about the possible claims in the case.

However, the two dividends of the English judiciary are no more limited to their traditional roles. They are now exploring other sides of the legal practice. India provides no expressed distinction between these terms because of the integrated system.

However, the distinction may be slightly determined by the practical nature of the tasks of each position. The difference between an advocate and a lawyer is nowhere mentioned. Not even provided by any court of law in India. Section 2 1 a of the Advocates Act, provides the definition of advocate. While, Bar Council allows law graduates to practice in courts even without appearing in any bar exam after graduation. A lawyer , according to Black's law dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person taught to practice law.

A solicitor is a term for Lawyer in many Common law jurisdictions that may make a distinction regarding the type of work done; it is also a title used by government attorneys in some government agencies in the United States. In some common law countries the legal profession is split between solicitors who represent and advise clients, and a barrister who is retained by a solicitor to advocate in a legal hearing or to render a legal opinion.

Where the legal profession is not "fused" in cases where a trial is necessary a client must retain a solicitor, who will advise him or her and then may deliver a brief to a barrister to act on the solicitor's instructions. Outside government agencies the term "solicitor" is merely "one who solicits", not a legal professional.

A solicitor is an attorney, which means they can act in the place of their client for legal purposes as in signing contracts , and may conduct litigation by making applications to the court, writing letters in litigation to the client's opponent and so on.

A barrister is not an attorney and is usually forbidden, either by law or professional rules or both, from "conducting" litigation. This means that while the barrister speaks on the client's behalf in court, the barrister may only do so under supervision of the client's solicitor.

This difference in function explains many of the practical differences between the two professions. More ». You can also submit your article by sending to email. Let us grow stronger by mutual exchange of knowledge. Home Articles Students. Share on Facebook. In general, a barrister provides expert legal advice and represents individuals and organizations in courts and tribunals and through written legal advice.

Barristers specialize in various fields of law, such as criminal law, state and trust law, corporate law, entertainment law, sports law, and common law, including family and divorce law, housing, and personal injury law.

Lawyers or attorneys serve as advocates and advisors. As advocates, they represent one of the parties to a criminal or civil trial by providing evidence and arguing in favour of their client. As advisers, lawyers advise clients on their legal rights and responsibilities and recommend courses of action in corporate and personal matters.

Lawyers also oversee support staff, such as paralegals, legal assistants, and legal secretaries. Lawyers can have different titles and responsibilities, depending on where they work. In law firms, lawyers, also referred to as partners, conduct legal work for individuals or corporations. Those who advise and protect the accused can be called criminal lawyers or defense attorneys.