01 Jun 2025

Who is a Lawyer in India? Advocates, AORs, Attorney General, Advocate General and Legal Ethics Explained

In the diverse world of Indian legal practice, the term "lawyer" may sound simple, but its meaning expands across designations like Advocate, Attorney General, Advocate General, Patent Attorney, Solicitor, Barrister, and Advocate-on-Record (AOR). If you're confused about these titles, their eligibility, authority, or even how they charge fees but you're not alone.

This article will simplify everything that whether you're a law aspirant, a fresh graduate, or someone who just wants to know how the legal machinery works in India.

Who is an Advocate?

In India, the legal profession is governed by the Advocates Act, 1961, particularly Section 2(1)(a), which defines an “Advocate” as someone who is enrolled on the rolls of a State Bar Council and has been granted a certificate of practice by the Bar Council of India (BCI).

To practice law:

You must have an LL.B. degree
Enroll with a State Bar Council (e.g., Delhi Bar Council)
Pass the All India Bar Examination (AIBE) within 2 years of enrolment with State Bar Council to get the Certificate of Practice

After clearing the AIBE, you're eligible to practice in any court across India, except the Supreme Court, which requires a special qualification.

Advocate-on-Record (AOR) in The Supreme Court

Under Article 145 of the Indian Constitution and the Supreme Court Rules, 2013, only an Advocate-on-Record (AOR) can file and plead cases before the Supreme Court on behalf of clients.

To become an AOR:

Practice for a minimum of 4 years
Undergo 1 year of training with a senior AOR
Clear the AOR exam conducted by the Supreme Court

While any advocate can argue if permitted, only an AOR holds the right to file a petition in the Supreme Court.

Who is the Attorney General of India?

Appointed under Article 76 of the Constitution, the Attorney General (AG) is the top legal officer of India, representing the Union Government in constitutional and other legal matters before the Supreme Court.

Key facts:

Must be eligible to become a Supreme Court judge
Appointed by the President of India
Advises the Government on legal issues
Has right of audience in all courts of India

Advocate General of a State

Every state has its Advocate General, the highest law officer for state legal affairs, similar to the AG but at the state level.

Appointed under Article 165 of the Constitution, the Advocate General advises the State Government and represents it in the High Court.

Trademark & Patent Attorneys – Intellectual Property (IP) Law Expert

Unlike constitutional roles, Patent Attorneys or Trademark Attorneys are specialists in Intellectual Property Law. They:

Represent clients before IP tribunals or patent offices
Require registration with regulatory bodies like the Trade Marks Registry or Patent Office
Often have technical/science backgrounds in addition to a law degree

Their titles include “attorney” due to international influence but legally fall under the "Advocate" umbrella.

Solicitor & Barrister – British Legacy and Indian Reality

These are legal roles predominantly used in UK, Australia, and South Africa.

Solicitors deal with client advice, documentation, and lower court matters.
Barristers specialize in courtroom advocacy, particularly in higher courts.

In India, these titles are not commonly used, except in Mumbai, where the Bombay Incorporated Law Society (BILS) still confers the title of “Solicitor” after a specialized exam. However, this title is more of a professional recognition than a separate category of practice.

Senior Advocate – The Recognition

Under Section 16 of the Advocates Act, 1961, the Supreme Court and High Courts can designate a lawyer as Senior Advocate for their legal expertise, integrity, and standing.

This process was reformed by the landmark PIL:

Indira Jaising v. Supreme Court of India (2017) – Introduced a point-based designation system
Indira Jaising v. Supreme Court of India (2023) – Reaffirmed the transparency and fairness reforms
Jitender @ Kalla v. State (Govt.) of NCT of Delhi (2025) – Raised concerns on misuse, leading to possible reconsideration of the current point based system.

Points are awarded based on:

Years of experience
Judgments and pro bono work
Publications and teaching
Interview and personality

Rules for Charging Fees: No Commission-Based Fee!

A major ethical rule every advocate must follow is not to charge percentage-based fees from the decretal amount or client compensation.

In the landmark case:

B. Sunitha v. State of Telangana & Anr. (2017) 4 SCC 506, the Supreme Court held that charging contingency fees (like a percentage % of compensation) violates the fiduciary duties of a lawyer and amounts to professional misconduct.

This is also echoed in:

Rule 20 of Part VI, Chapter II of BCI Rules, which prohibits fee stipulation based on case outcomes

This principle ensures that the legal profession remains noble, not a business venture.

How to Start Legal Practice in India

Once you're an advocate, you can begin your journey by:

Joining a senior’s chamber for litigation training
Practicing in Consumer Forums, MACT, or Revenue Courts
Working with NGOs or Legal Services Authorities (LSA) for pro bono exposure
Writing legal blogs or attending seminars to build credibility

Remember courtroom learning, ethical conduct, and client trust are foundational pillars of a successful legal career.

Final Takeaway: Legal Titles Are Roles, Not Power Badges -

Being a lawyer in India is more than passing exams, it's about upholding justice, ethics, and public trust. Whether you're an Advocate, AOR, or even a Patent Attorney, the mission remains the same: serve the people, respect the Constitution, and stay true to the legal oath.

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