Solicitors advise with clients, create pleadings and other paperwork, but they also hire attorneys to represent them in court. To become a solicitor, an attorney must pass an exam. throughout India. Before an Indian lawyer can become a solicitor, two years of practice are also necessary. Unlike an advocate, a solicitor can handle a huge clientele. Typically, lawyers operate on a retainer basis for large firms in exchange for a significant salary. Lawyers are consulted by business clients for guidance on a variety of issues, including litigation, property, tax, and finance.

Personal legal problems like wills, property conveyancing, divorce, and child custody are frequently dealt with in private client services. There are a variety of sizes and types of law firms, so it’s vital to do your homework to choose which one is best for you. A variety of abilities are required for solicitors. They must be able to work closely with colleagues, pay close attention to detail, and be willing to put in long hours in addition to being able to engage with clients and establish good working relationships with them. To deal with complex information, they also require initiative and sound judgment.

What is the difference between advocate and solicitor in India?

An advocate who represents the central government or government is called an attorney general. He provides legal advice to the central government as well as represents its cases. The Solicitor general assists the attorney general in his work.

Difference between Lawyer, Barrister, Solicitor, Advocate

Lawyer

To make things easier, any law student will be referred to as a lawyer. But this person needs to finish graduation. He or she will be referred to as a lawyer after graduating. Of course, duration is irrelevant. Academic course length varies from nation to nation. For instance, India offers both a 3 and a 5 year program. A student can become a lawyer if they have completed one of these two courses. But the most important query is now.

 Whether a lawyer can represent their clients?

The answer is NO. A lawyer can’t represent his or her client in court. 

Barrister

Just like a lawyer, Barrister is also a similar concept. But the law graduates from England, Wales, New Zealand and Australia are called Barristers. A barrister can’t represent his or her client in court. To represent a client in court, he has to obtain a licence from the Bar Council.

Solicitor

A solicitor normally proofreads documents, meets clients, drafts case notes and these types of things. Basically, a solicitor gets the case when a client walks in the door and hands it off when it goes to the court stage. So a majority of works are done by a solicitor. 

Difference between Barrister and Solicitor

The differences between these two are getting narrower with time. Traditionally, what would happen is a client would go to a solicitor first. The solicitor would go through the case and run the case. Then a solicitor will go to a barrister for specialist advice. It could be for a specialist opinion, court documents, etc. The barrister will mainly do the advocacy. But in recent times, solicitors are doing more and more advocacy and now the barristers have public access as well. So, anyone can directly approach a barrister.

Advocate

When a lawyer passes the Bar exam, then he is called Advocate. Every country has a bar council. This Bar Council gives a licence when a lawyer passes the exam.

That means an Advocate is a lawyer who has passed the Bar Exam. An advocate can represent his client in court. So minimum requirements for an Advocate is a law degree and licence from Bar Council. An advocate is authorised to appear in court.

Senior Advocate

Senior Advocate title is given by the Supreme Court or High Court. There are criteria that need to be followed to be a Senior Advocate. This criterion differs from country to country. In India, 45 years of age and at least 20 years of practice as an advocate is mandatory. Senior advocates’ gowns are different from Advocate’s.

Attorney General

An advocate who represents the central government or government is called an attorney general. He provides legal advice to the central government as well as represents its cases.

The Solicitor general assists the attorney general in his work.

Public Prosecutor and Government Pleader

If a crime is committed against an individual, then it will be deemed as the crime is committed against society at large i.e. state. Here the victim’s name is replaced by the state. Modern jurisprudence supports this idea.

Public Prosecutor: In criminal cases, the person who appears on behalf of the state is called a public prosecutor. He is also called PP. \

Government Pleader: In terms of civil cases, the person who appears on behalf of the state is called Government Pleader. 

Who can give solicitors?

It is part of a new, four-stage route to becoming a solicitor, introduced in 2021. To qualify through the SQE route you’ll need to: Have a degree (or equivalent) in any subject. Pass SQE1 and SQE2 assessments*

The Solicitors Qualifying Examination (SQE) is being phased in to become the new centralised way to qualify as a solicitor in England and Wales. It will eventually replace the Legal Practice Course (LPC) route to practice.

Can a non lawyer own a law firm in India?

Yes a non-lawyer can be owner of the Law Company, such person can do administrative work of running the company and not appearing in the case before the Court or Tribunal etc. 1. A “FIRM” is a legal entity, registered as a OPC or a LLP or a Pvt.

Can solicitors appear in court?

Solicitors represent clients in disputes and represent them in court if necessary. In complex disputes however, solicitors will often instruct barristers or specialist advocates to appear in court on behalf of their clients.

Why is a lawyer called a solicitor?

A lawyer is anyone who could give legal advice. So, this term encompasses Solicitors, Barristers, and legal executives. A Solicitor is a lawyer who gives legal advice and represents the clients in the courts. They deal with business matters, contracts, conveyance, wills, inheritance, etc.

 How to register a Law Firm in India?

Types of Law Firms in India.

A law firm is an organization that represents various government agencies, corporations, individuals in the court of law. Legal services are centered on analyzing legal challenges and providing fair and sound advice to attain justice. Most of the individuals in the legal field aspire to establish a legal firm of their own.

Before establishing a legal firm it is vital to know about the process of establishing, registering, and other legal-related documents. Registration of legal firms not only helps in creating a mark but also safeguards the rights of that organization.

Sole Proprietorship:

This Law Firm handle by a single person, who is the owner. All decisions of management, records, maintenance, financial & tax will be take care by him alone and the tax will be applicable as per his personal income.

Documents required (Sole Proprietorship)

1. Shop Establishment Registration Certificate.
2. Letter of CA regarding nature of business.
3. Firm Letterhead with name and address.
4. Stamp having name of proprietorship firm.
5. Address and ID Proof of proprietor alongwith office address proof.

Partnership Firm:

This Law Firm handle by two or more partners to the firm and all the partners can give their opinions and decisions as per their choice and experience in their fileds.

Partnership firms in India are governed by the Indian Partnership Act, 1932 and it is not mandatory to register partnership firm. That the tax will be applicable at the flat rate of 30%.

Documents required

(Partnership firms)

1. Application for Registration having Name of Firm, Place, Joining date of partners, duration of firm, date of establishment, permanent addresses of partners etc. alongwith supporting Affidavit alongwith prescribe fee.
2. Certified copy of the Partnership Agreement.
3. Proof of place of business.

Limited Liability Partnership:

In this law firm (LLP) the partnership work in protected ways compare to a common partnership. That the advantage of an LLP Law Firm is, to protect the personal assets of partners in the case of dispute arise between partners. Now a days most of the Law Firms (Partnership) are adopting this model after it’s enactment in India.

In LLP model the liabilities of its partners is limited to their contributions to the business and protection them from the misdeeds, negligence, or incompetence of the other partners.

Documents required

(Limited Liability Partnership)

1. Apply for designated Partner Identification Number (DPIN).
2. Apply for Digital Signature Certificate (DSC).
3. Then apply for the unique name of LLP Firm which will be used to file incorporation with the MCA. Thereafter certificate of Incorporation will be issued.
4. Thereafter approval from Ministry of Corporate required to get the LLP name.

Remember that every LLP needs a registered Permanent Account Number (PAN) and Tax Account Number (TAN).

Can an advocate run a law firm?

According to Rule 47.

An advocate shall not personally engage in any business; he can be a sleeping partner in a firm and do business that is deemed appropriate by the State Bar Council, the nature of the business should not be inconsistent with the dignity of the profession.

Are Advocates Allowed to do Business in India? 

The Bar Council of India puts various restrictions on advocates such as an advocate cannot take up other employment such as running a business while serving as an advocate.

These restrictions given by the bar council are enumerated from Rules 47 to 52 of Bar Council of India Rules, frames under Advocates Act 1961z

According to Rule 47. An advocate shall not personally engage in any business; he can be a sleeping partner in a firm and do business that is deemed appropriate by the State Bar Council, the nature of the business should not be inconsistent with the dignity of the profession.

According to Rule 48. An advocate may be the Director or the Chairman of the Board of Directors of a Company, provided none of his duties are of an executive character. Advocates are restricted from being a Managing Director or a Secretary of any company.

According to Rule 49. An advocate cannot be a full-time salaried employee of any government, person, firm, corporation or concern, during the reign of his practice. An intimation to the bar council is to be given if he wants to do so. An intimation, thus, will lead to termination of his practice, as long as he continues such employment.  

  According to Rule 50. An advocate who has inherited, or succeeded by survivorship to a family business may continue it, but not personally participate in the management. 

Advocates are permitted to do the following things such as review Parliamentary Bills for a remuneration, edit legal textbooks at a salary, do press-vetting for newspapers, coach pupils for legal examination, set and examine question papers; and subject to the rules against advertising and full-time employment, engage in broadcasting, journalism, lecturing and teaching subjects, both legal and non-legal. (Rule 52) 

So, it is necessary for advocates to adhere to the rules given by the bar council of India. Otherwise, they would be subjected to various penalties and would have to bear the consequences. So Advocates cannot do individual business in India.

Conclusion

It is to be kept in mind that different countries have different systems. For example, South Africa, Bangladesh, India, Srilanka, and Pakistan have almost the same structure and hierarchy. So, the terms are the same in these countries. But, the UK, Wales and many other countries have different terms as well.