DIFFERENCE BETWEEN ADVOCATE AND ADVOCATE ON RECORD

Before I start the difference between an advocate and an advocate on record I must say that An advocate is a person who publicly supports a problem.  In the legal system, a lawyer represents his client in the court of law. An advocate is one of the most important parts of the legal system in any country.  He is solely responsible for presenting the case and judging the victim with his arguments.  The court of law ruled based on the facts and arguments presented by him.  He has the skills and expertise to make a case somewhere or to ruin the case.

Who is the Advocate?

  An advocate is a person authorized to appear in a court of law on behalf of a party.  Advocates must have a law degree and be listed with the Bar Council as determined by the Lawyers Act, 1961. Advocate is the only class of lawyers who are legally allowed to practice law.  Lawyers give legal advice to clients deliver that after a client approving a letter of intent is allowed to appear in the case, the lawyers prepare the cases and argue them in court. 
The Bombay and Calcutta High Court have separate classes of lawyers, known as solicitors, who prepare the case but do not argue in court.  When appearing in the courtroom, a lawyer usually wears a black coat and white dress, and a band and gown.  Any complaint against a lawyer is made to the Bar Council of India.  See Junior Advocate, Advocate on Record, Senior Advocate, Amicus Curiae, Vacalath.

  How to become an advocate?

  Bachelor of Laws (LLB) –
  To become an advocate in India, a person must have a bachelor’s degree in law, LLB .  The bachelor’s degree in law can be 3 years or 5 years.

Three-year course-
  Anyone can do the three-year bachelor’s degree course in law after graduation, the eligibility criteria for this course is that the candidate must secure at least 50% to pass his / her graduation.

Five-year course-
  A candidate can enter the five-year course of a Bachelor’s degree directly after completing his 12th.  One of the most popular entrances conducted for this course is the CLAT.  By cracking the CLAT can go to the prestigious National Law University which is present in most of the states.

Enroll in the State Bar Council-

  The final step in becoming a lawyer is to clear the All India Bar Examination (AIBE) after completing the state registration in any of the State Bar Councils regulated by the Advocates Act 1961.  Repeatedly the test is conducted by the Council of India and the examinee gets the certificate of practice after clearing the test.  The test is performed to determine basic analytical ability and knowledge of the law.

  Criteria for enrollment as a lawyer Section 24 of the Advocates Act [1]

  If a person meets the following conditions, he will be eligible to be listed as a lawyer:

He is a citizen of India.  Provided, however, that citizens of any other country may practice only if Indians are permitted to practice in that other country

1. he has attained the age of 21 years;

2. he has graduated in law;

  3. He has paid the required stamp duty, which is applicable under the Indian Stamp Act, 1899 and a listed fee payable to the State Bar Council. He has to pay Rs.600 to the State Bar Council and Rs.150 to the Bar Council of India.  If such a person is a Scheduled Caste or Scheduled Tribe, he has to pay one hundred rupees to the State Bar Council and twenty-five rupees to the Bar Council of India.

On the other hand we going to discuss about Advocate on record –

Who is the Advocate on Record (AOR)?  What are the qualifications?

  Advocate on Record is a lawyer who has passed a qualification test conducted by the Supreme Court of India.  An Advocate who has completed one year of training with an Advocate-on-Record of being admitted to the Bar Council for at least five years and not lasting less than five years took the test.  An AOR can only be submitted to the Supreme Court on behalf of a party in a baccalaureate, an application, an affidavit or any other application.  All procedural aspects of a case are handled with the assistance of a clerk registered by the AOR.  This is the name of the AOR that appears in the cause list.  The court held the AOR accountable for handling the case.  No notice or letter from the court is sent to the AOR, not to the party.

Record Advocate:

  Following the pyramidal structure of the court system in India, the Supreme Court is the country’s highest appellate court and the country’s last resort court has to deal perfectly with every issue that has evolved before them.  Hence, it is reasonable that these matters should be filed by an experienced and educated person.

  Thus the Advocate on Record system was introduced by the Supreme Court for the formulation of Rule 2, Rule 4, and Rule 6 of the Supreme Court Rules 1966.

  Advocate-on-Record can be deemed a title for practice in the Supreme Court based on the experience of an advisor and the knowledge of a lawyer.

  Eligibility of Advocate-on-Record –

  AOR is a person who has qualified for an examination conducted by the Supreme Court and who has been admitted to the bar for at least five years and has worked with an AOR of less than five years status.
  In the Supreme Court, only the Advocate on Record can sue on behalf of the party.  All procedural aspects need to be completed by AOR with the assistance of a registered clerk.  It is the name of the AOR that appears in the list of reasons, the notice from the court is sent in the name of the AOR.
  The legitimacy of the AOR system in the light of constitutional and statutory provisions
  Once you have fulfilled all the conditions to become an Advocate in the light of the Bar Council Rules, you will have the right to practice under Section 30 of the Advocates Act, 1961.[2]

  Section 30 of the Advocates Act, 1961-

Section 30- The right of lawyers to practice subject to the provisions of this Act, all lawyers whose names are entered in the State Roll shall be entitled to the right to practice in the territories to which this Act has been extended.”
  In all courts, including the Supreme Court; before any tribunal or individual is legally allowed to accept evidence, And Such a lawyer is entitled to practice before any other authority or person as he is subject to law enforcement at any time. 

By Moumita Muhuri

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[1] Advocates Act, 1961 | Bare Acts | Law Library | AdvocateKhoj-https://www.advocatekhoj.com/library/bareacts/advocate/index.php?Title=Advocates%20Act,%201961.

[2] Section 24 in THE ADVOCATES ACT, 1961-https://indiankanoon.org/doc/739001/.

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