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Differences Between Lawyers and Advocates

Lawyers handle legal advice and documentation, while advocates specialize in court representation and litigation. Both play crucial roles in supporting clients through legal matters.

Who is a lawyer?

A lawyer is a broad term that encompasses various professionals in the legal field, including solicitors, barristers, and attorneys. The primary role of a lawyer is to offer legal advice, prepare legal documents, and help clients understand their rights and obligations under the law. However, in Bangladesh, lawyers who have not yet passed the bar exam cannot represent clients in court.

  • Legal Profession: Lawyers are individuals who may work in different areas of the legal field but are not necessarily authorized to practice in court until further qualifications are obtained.
  • Court Representation: Without enrolling in the Bangladesh Bar Council and passing the bar exam, a lawyer cannot appear before a judge or engage in courtroom proceedings.
  • Experience: Typically, lawyers have less courtroom experience than advocates. Their roles are often limited to legal consultation, drafting contracts, handling wills, and advising on compliance with various regulations.
  • Responsibilities: Lawyers mainly focus on providing legal advice and preparing documentation, such as contracts, agreements, and wills.
  • Fees: Lawyer fees tend to be lower, as their services generally do not extend to courtroom representation, which requires higher qualifications and experience.

Who is an Advocate?

An advocate is a lawyer who has gone through additional training and qualifications, passed the bar exam, and registered with the Bangladesh Bar Council, which grants them the authority to represent clients in court. Advocates play a vital role in defending clients' rights in the courtroom, presenting evidence, and making arguments to secure favorable outcomes.

  • Legal Profession: Advocates are legal professionals licensed by the Bangladesh Bar Council, which gives them the credentials to argue cases in court.
  • Court Representation: Upon passing the bar exam and becoming registered, advocates are fully authorized to represent and defend clients in various court cases.
  • Experience: Due to their courtroom expertise, advocates generally have more experience handling complex legal matters compared to lawyers.
  • Responsibilities: Advocates are responsible for courtroom representation, preparing cases, presenting evidence, and persuading judges and juries.
  • Fees: Due to the specialized nature of their work and their authorization to appear in court, advocate fees are usually higher than those of lawyers.
FeatureLawyerAdvocate
DefinitionA professional offering legal advice and documentation services.A legal professional authorized to represent clients in court after passing the bar exam.
Courtroom AccessCannot represent clients in court without additional qualifications.Licensed to represent clients in court and argue cases.
Experience LevelGenerally has less experience in courtroom matters.More experienced in courtroom representation and litigation.
Primary DutiesProviding legal advice, drafting documents, advising on rights and compliance.Representing clients in court, preparing and arguing cases, striving for favorable judgments.
Fee StructureTypically lower due to the non-representational nature of their services.Generally higher because of specialized courtroom representation and legal expertise.

Summary

In Bangladesh, lawyers and advocates serve distinct roles. While lawyers provide valuable legal consultation and documentation, advocates specialize in courtroom advocacy. Understanding the difference between the two is essential for clients seeking legal assistance, as it helps them choose the right professional based on their needs.