Difference Between Advocate And Solicitor​

In the world of law, the terms "advocate" and "solicitor" are often used interchangeably, especially by those outside the legal profession. However, these designations have distinct meanings, responsibilities, and recognition in different legal systems.

Whether you're a client seeking legal help, a law student exploring career options, or simply someone trying to understand legal titles better, knowing the difference between an advocate and a solicitor is crucial.

In this blog, you'll learn about:

• Who is an advocate, and what are their roles under Indian law
• Who is a solicitor and how do they function in the UK and Indian contexts
• Key differences between an advocate and a solicitor
• How India and the UK treat these roles legally and professionally
• Whether a person can be both a solicitor and an advocate
• Licensing and regulatory bodies are involved in both systems

Who Is An Advocate?

An advocate is a person who is legally qualified to represent clients in court. The term is defined under the Advocates Act, 1961, which governs the legal profession in India.

Eligibility and Enrollment (Bar Council of India)

To become an advocate in India:

• One must complete a law degree (LL.B.)
• Pass the All India Bar Examination (AIBE)
• Enroll with a State Bar Council under the Bar Council of India (BCI)

Role and Responsibilities

Advocates are:

• Courtroom professionals
• Representing clients in civil and criminal trials
• Preparing pleadings and submissions
• Arguing before judges and handling litigation procedures

Example

Advocates practice across various courts—District Courts, High Courts, and the Supreme Court of India.

Who Is A Solicitor?

Definition and Origin (UK/Commonwealth Countries)

The term solicitor originates from the UK legal system. A solicitor is a legal professional who typically handles:

• Client consultation
• Drafting legal documents
• Negotiating settlements
• Advising on legal matters without necessarily appearing in court

Role in Practice

Solicitors primarily work outside the courtroom. In the UK system, if the case goes to court, a solicitor may refer it to a barrister to handle oral arguments.

Solicitors in India: Limited Recognition

While India follows a unified legal profession (no separate titles like barrister or solicitor officially), solicitors are recognized in specific contexts, especially in Mumbai under the Bombay Incorporated Law Society, which conducts solicitors’ exams.

Example

Solicitors are common in corporate law firms, handling contracts, M&A deals, intellectual property issues, and compliance matters. Key Differences Between Advocate and Solicitor

Comparison Table – Advocate vs Solicitor

Advocate vs Solicitor In India

India follows a unified legal profession, which means there is no official or legal distinction between an advocate and a solicitor in the way the UK system differentiates between them. Under the Advocates Act, 1961, only the title "advocate" is recognized for those legally authorized to practice law and appear before courts. However, the term solicitor is still in use—particularly in Mumbai—due to historical legacy and the influence of the Bombay Incorporated Law Society.

This society conducts a Solicitor’s Examination, and those who pass it may use the designation “Solicitor.” While this title holds considerable prestige in corporate and commercial legal practice, especially in Mumbai, it does not carry any independent statutory recognition across India. As such, a solicitor in India:

• Cannot appear in court unless also enrolled as an advocate under the Bar Council of India.
• Has no independent "rights of audience" before courts.
• It is not regulated by any national legislation like the Advocates Act.

In many large law firms, the term “solicitor” is still used informally to refer to professionals who handle non-litigation work, such as:

• Contract drafting
• Mergers and acquisitions
• Regulatory compliance
• Corporate advisory services

However, most of these professionals are registered advocates who have simply chosen to focus on advisory rather than litigation. Therefore, while someone may function like a solicitor, they must be an advocate to appear in court and practice law in the formal sense under Indian law.

Advocate vs Solicitor In the UK (Common Law System)

The United Kingdom has a formally bifurcated legal system with two distinct categories of legal professionals—solicitors and barristers.

• Solicitors are the legal professionals who interact directly with clients, offer legal advice, prepare documentation, and manage out-of-court legal matters.
• Barristers, on the other hand, are specialists in courtroom advocacy and are usually engaged by solicitors when a case requires litigation.

Solicitors typically do not have rights of audience in higher courts. However, there is an option to gain those rights by qualifying as a Solicitor-Advocate. This allows them to:

• Represent clients in higher courts
• Handle litigation directly without briefing a barrister
• Manage a case from start to finish without any hand-off

Solicitors in the UK can apply for "rights of audience" by:

• Completing additional training
• Passing the Higher Rights of Audience examination
• Meeting practice and ethics requirements under the Solicitors Regulation Authority (SRA)

This creates flexibility in the UK system. A Solicitor-Advocate can effectively combine both advisory and courtroom roles, especially in areas like criminal law, family disputes, or complex commercial litigation. This structure allows clients the benefit of continuity, where one professional handles both the paperwork and the courtroom proceedings.

Can A Person Be Both Solicitor And Advocate?

Yes, a person can be both, but how that happens depends on the country in which they practice.

In India:

Since the legal profession is unified, anyone enrolled as an advocate can perform both roles. An advocate can:

• Represent clients in court
• Handle advisory and documentation work typically done by solicitors

If a lawyer wishes to use the title “Solicitor” formally, especially in Mumbai, they can do so by passing the Bombay Incorporated Law Society's Solicitor’s Examination. However, this title doesn’t carry legal authority on its own, and they must still be enrolled with the Bar Council to appear in court.

So, practically speaking, many Indian lawyers function in dual roles but are only legally recognized as advocates.

In the UK:

In the UK, a lawyer can become both a Solicitor and later a Solicitor-Advocate by:

• Completing a recognized law degree or GDL (Graduate Diploma in Law)
• Completing the Legal Practice Course (LPC)
• Undergoing practical training and qualifying as a solicitor
• Later passed the Higher Rights of Audience exam to gain advocacy rights

Once qualified as a Solicitor-Advocate, they can represent clients in higher courts, just like barristers.

Licensing Implications:

• In India, the Bar Council of India regulates all practicing advocates, whether they handle litigation or non-litigation work.
• In the UK, the Solicitors Regulation Authority (SRA) and Bar Standards Board (BSB) handle licensing for solicitors and barristers, respectively. Solicitor-Advocates fall under the SRA but need special certification.

Conclusion

In India, the legal profession is unified, and only the title of advocate is officially recognized under the law. Advocates are authorized to appear in court and handle litigation, while the term solicitor is used informally, mainly in Mumbai, for those focusing on advisory and corporate legal work. However, solicitors must also be enrolled as advocates to represent clients in court.

In contrast, the UK legal system formally distinguishes between solicitors and barristers, with solicitor-advocates bridging both roles through additional qualifications. While both systems serve different structures, understanding these distinctions helps clients choose the right legal support and guides professionals in shaping their legal careers effectively.

FAQs

Still confused between an advocate and a solicitor? Here are some frequently asked questions that will help you better understand their roles and legal standing in India and abroad.

Q1. Is an advocate the same as a solicitor in India?

No, they are not the same. In India, only advocates are legally recognized under the Advocates Act, 1961. Solicitor is a title used informally, especially in Mumbai, and does not carry independent legal authority unless the person is also enrolled as an advocate.

Q2. Can a solicitor represent someone in court in India?

Not unless they are also registered as an advocate. Only advocates enrolled with a State Bar Council under the Bar Council of India are permitted to appear and plead before Indian courts.

Q3. What is the role of a solicitor in the UK?

In the UK, a solicitor provides legal advice, drafts documents, and handles out-of-court legal matters. If the case goes to court, the solicitor typically engages a barrister for courtroom representation—unless the solicitor is also qualified as a solicitor-advocate.

Q4. Can an Indian lawyer use the title “solicitor”?

Yes, but only if they have passed the Solicitor’s Examination conducted by the Bombay Incorporated Law Society. Even then, it is more of a professional credential than a legally recognized designation under Indian law.

Q5. What is a Solicitor-Advocate in the UK?

A Solicitor-Advocate is a legal professional in the UK who has obtained higher rights of audience, allowing them to represent clients in higher courts, similar to barristers, while still performing the traditional advisory role of a solicitor.