Most people imagine that the entire legal profession comes down to lawyers and attorneys, and that those two terms are interchangeable. But, just as there are many other jobs you can have with a law degree, there are some critical differences between those two in terms of both requirements and career paths. Law students interested in successfully obtaining a Juris Doctor or JD degree need to be aware of those distinctions.
Attorney vs. Lawyer: Common Requirements and Definitions
The terms “lawyer” and “attorney” have one crucial difference: While anyone who graduates from law school is a lawyer, that doesn’t automatically mean the same thing as becoming an attorney under US law. In other words, while all attorneys are lawyers, not all lawyers are attorneys.
To practice law and become an attorney, a lawyer must pass the bar exam and become a member of a state bar association. This exam covers a broad range of legal topics, such as constitutional law, tax law, wills, criminal procedure, torts, contracts, real estate law, and many others. In other words, the bar examination is a legal requirement for any law-school graduate who wants to practice professionally in their jurisdiction.
Keep in mind that, before joining the American Bar Association (ABA), and taking the exam, you have to get a degree from one of the 199 ABA-approved law schools.
Lawyer Definition
The word “lawyer” has Middle English origins, referencing a person with law education and training.
A lawyer is someone who completed law school and obtained a JD degree. A lawyer doesn’t have to pass the bar exam, as there are plenty of job opportunities for people with a law degree and without it.
However, to practice law, provide legal advice, and offer courtroom aid, you’re required to pass the bar. It’s considered illegal for an unlicensed lawyer to give legal advice, and this can result in criminal charges and legal actions against the individual. Without it, law graduates may only provide legal information without interpreting how said information would apply to a particular problem.
Lawyers can work in a law firm under a licensed attorney or as part of an externship for learning experience. This is a path most graduates take prior to passing the bar exam. The exam itself is very demanding, takes a lot of preparation, and usually lasts for two or three days.
Attorney Definition
The word “attorney” has French origins. It originally meant acting on others’ behalf as a deputy or agent. Nowadays, the meaning of the word has deviated slightly from that, but not by far.
An attorney - abbreviated from an “attorney-at-law” - is a lawyer who passed the state bar exam and can legally represent clients, practice law in court, take part in other legal proceedings, and offer legal advice directly pertaining to their client’s situation. They can also work as consultants for companies and individuals, just like regular lawyers.
So what is an attorney’s duty as part of a bar association? As its members, attorneys must comply with rules of professional conduct and a code of ethics to practice in court for both civil and criminal cases. The word ‘bar’ itself, in the context of legal proceedings, comes from Middle English, as well. It refers to the physical bar dividing a courtroom, at which law practitioners would speak (for the same reason, “barristers” are a type of attorney).
An attorney-at-law can also be defined as a court practitioner licensed by the state to defend a client or prosecute individuals accused of breaking the law.
Because of their similarities, the terms attorney and lawyer are used interchangeably in the United States, even though they are not synonyms. However, now that we are on the same page in the attorney vs. lawyer comparison, we can see some notable differences between the two titles, defining what each profession entails.
Education
A critical difference between these two types of legal professionals relates not to the type of education they get, but to its application. Aside from a Juris Doctor degree that law school graduates earn, students have other options to build their resumes, too.
A Master of Laws or LLM degree is a more advanced option offered by universities with a law program, giving practitioners knowledge that can be applied anywhere in the world. It can also play a significant role in how much a lawyer earns.
As mentioned, there aren’t any real differences in the level of basic education when it comes to the lawyer vs. attorney showdown, but legal professionals can specialize in various fields. For instance, the Master of Laws degree curriculum can focus on international law, human rights law, intellectual property, or environmental law.
And even without a LLM degree, there are many different types of lawyers with industry-specific skills. Most law schools provide a broad education in various fields of law, like real estate, intellectual property, criminal, family, corporate, business, civil rights, tax, bankruptcy, labor and employment, and personal injury.
Both lawyers and attorneys undergo additional training related to their chosen areas of expertise, and rarely switch from one field to another.
An Attorney vs. a Lawyer and Other Legal Professions
“Solicitor” is another name for a law professional in the UK and other countries. These professionals’ duties are to advise clients, draft documents, prepare cases for trial, and help with any other legal matter. A solicitor deals with clients in a primarily administrative setting and may appear in a lower court setting.
A barrister is another UK term for a legal professional whose duty is to represent their client’s best interest in court. Barristers most often deal with complex matters, appearing in courts, tribunals, and other litigation processes. Clients do not directly approach barristers - instead, solicitors act as intermediaries.
There is no difference between a lawyer and an attorney when they’re working as in-house counsel. In this case, both must pass the state bar to be eligible to provide legal advice. In the US, these legal professionals work for corporations or other types of organizations.
Esquire (Esq.) is an honorary title for a lawyer who has passed the bar exam and therefore holds the license of the state’s bar association. It’s the equivalent of a Dr. or Ph.D. in other professions, but requires no approval from ABA to use. It’s included on business cards, signatures, or resumes. Furthermore, this title also is used in England for a male member of the gentry, ranking just below a knight.
The term “advocate” is used as a synonym for an attorney or a lawyer in the US without any additional legal significance. Advocates are authorized to give legal advice. The term doesn’t take into account the lawyer vs. attorney differences with respect to how they practice law.
Should I say lawyer or attorney?
Keep in mind that all attorneys are also lawyers, but not all lawyers are attorneys. An attorney is a lawyer who passed the state bar exam, allowing them to practice law in their jurisdiction.
To operate in another state, an attorney needs to retake the bar exam, and each state has its own established norms for attorneys. Some states have reciprocity agreements or shorter bar examinations for attorneys that already passed the bar. In other words, when in doubt, use “lawyer.”
Is an attorney higher than a lawyer?
To define an attorney, you need to know that a lawyer is a broader term for a person who has finished law school or obtained a Master of Laws degree. When lawyers want to practice law, they need to pass the bar exam, which licenses them to act as an attorney and represent clients in legal proceedings and court or provide legal counsel.
Are lawyers called attorneys?
Yes, after they pass the state’s bar exam and start practicing law in court.
Is there a difference between a lawyer and an attorney?
The main difference in the attorney vs. lawyer comparison is their ability to practice law in a courtroom. Representation of clients is what makes a lawyer into an attorney, provided they are licensed to do so by ABA. For that reason, an attorney has more diverse job prospects than a lawyer who is not part of a bar association, as many job positions require candidates who passed the state bar exam. Working as a personal injury attorney, government advisor, legal officer, or other law professional has the same legal requirements as someone that participates in legal suits in court.
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