Who is a lawyer and how do you become one?
A lawyer is a person trained in law who gives legal advice and can speak for others in court. In India a lawyer who is allowed to argue in court is called an advocate.
The Advocates Act, 1961 is the main law for this profession in India. It does three big things:
- It creates Bar Councils: one for each state and the Bar Council of India at the top.
- It says only an enrolled advocate may practise (argue) in courts.
- It lets Bar Councils make rules on conduct and punish misconduct (for example, suspend a lawyer).
Steps to become an advocate
- Finish school (Class 12).
- Get a recognised law degree (LLB).
- Apply to a State Bar Council and get your name on its roll (list).
- Pass the bar exam that lets you practise.
Many other countries are similar: a law degree, then a professional exam or training, then admission to a bar or law society.
Professional ethics: the four duties
Ethics means rules of right and wrong. Lawyers have special ethics because people trust them with secrets and with justice.
- Duty to the client: keep secrets (confidentiality), work honestly, do not take the other side in the same case, and do not take a cut of the money won.
- Duty to the court: never lie to the judge, never hide or make up evidence, behave with respect.
- Duty to the other side: be fair, do not talk directly to the other party when they have a lawyer.
- Duty to society: help people who cannot pay (legal aid), and support the rule of law.
A lawyer who breaks these rules can face disciplinary action from the Bar Council.
Can lawyers advertise?
In India, lawyers are not allowed to advertise or ask for work through touts, posters or paid ads. The idea: law is a service to justice, not a business to sell.
Small, plain things are allowed: a simple nameplate, and a website with basic facts (name, address, qualifications, areas of practice).
Some countries, like the USA and UK, allow lawyers to advertise, but the ads must be true and not misleading. A promise like "we always win" is not allowed anywhere.
Law goes global, and more women join
Globalisation of legal practice
Companies now trade across many countries, so they need lawyers who know several legal systems. Big international law firms work in many cities. Some countries let foreign lawyers advise on foreign law and international deals, under rules set by their bar councils. India has slowly opened up in this way, mainly for non-court advisory work.
Women in law
For a long time women were kept out of law. In India, Cornelia Sorabji was among the first women to study law and work for women's rights. A law in 1923 allowed women to practise. Today many women are advocates and judges, but there are still fewer women at the very top, such as senior judges. More equal chances help justice reflect everyone.
Legal education in India, the USA and the UK
| Country | Route | Then |
|---|---|---|
| India | 5-year integrated LLB after Class 12 (for example at National Law Universities), or 3-year LLB after a degree | Enrol with a State Bar Council and pass the bar exam |
| USA | A first university degree, then 3-year JD (Juris Doctor) at a law school | Pass the state bar exam |
| UK (England & Wales) | 3-year LLB, or any degree plus a conversion course | Practical training and exams to become a solicitor or barrister |
In the UK the profession has two branches: solicitors (mainly advise clients) and barristers (mainly argue in higher courts).
Careers in law
- Litigation: arguing cases in court.
- Judiciary: becoming a judge through exams or promotion.
- Corporate law: contracts, mergers, company rules.
- Legal aid and NGOs: helping people who cannot pay.
- Teaching and research.
- Government and policy: drafting laws, public prosecutor, legal adviser.
Try it
Use the career picker in step 6. Then talk to one lawyer you know (or watch a court's public website) and list three things they do in a normal week.
Key formulas and definitions
- Advocate = a lawyer enrolled with a Bar Council, allowed to argue in court
- Bar Council = the body that enrols lawyers and disciplines them
- Roll = the official list of enrolled advocates
- Professional misconduct = breaking the ethical rules of the profession
- Confidentiality = keeping a client's secrets
- Solicitor / barrister = the two branches of lawyers in the UK
Worked examples
1. Ravi has an LLB degree but is not enrolled with any Bar Council. Can he argue a case in a district court for a friend?
No. Under the Advocates Act only enrolled advocates may practise in courts. He must first get his name on a State Bar Council roll.
2. A lawyer prints posters saying "Divorce in 30 days, guaranteed!" Which rule does this break?
The rule against advertising and soliciting work. It is also misleading, because no lawyer can guarantee a court result.
3. A client tells her lawyer a secret about her business. The other side offers the lawyer money to reveal it. What should the lawyer do?
Refuse. The duty of confidentiality to the client comes first, and taking money from the other side is serious misconduct.
4. Meera wants to become a lawyer in the USA. She has a degree in history. What is her route?
Join a law school for a 3-year JD, then pass the bar exam of the state where she wants to practise.
Common mistakes
- Thinking a law degree alone lets you argue in court. You also need enrolment with a Bar Council.
- Thinking lawyers can advertise like shops everywhere. In India they cannot; elsewhere ads must be truthful.
- Thinking a lawyer's only duty is to win for the client. Duties to the court and society also matter.
- Mixing up solicitor and barrister: solicitors mainly advise; barristers mainly argue in higher courts.