Lawyer vs. Attorney: The Surprising Truth Nobody Told You

Are Lawyers and Attorneys the Same Thing? Unpacking the Definitions

Lawyers and attorneys are often used interchangeably by the average person, and even in the legal community, when speaking casually. However, it may surprise you to learn that they’re not the same thing, even though they are similar. According to the American Bar Association (ABA), there are over 1.3 million lawyers in the U.S., but many of these will be attorneys as well as lawyers. The rule of thumb is that all attorneys are lawyers, but not all lawyers are attorneys. Here’s what everyone should know about these two professional designations and how they differ. If you've been injured and need legal assistance, consulting with a qualified personal injury lawyer can help protect your rights and secure the compensation you deserve.

Key Takeaways

• Lawyers and attorneys are often viewed as interchangeable, but they have distinct roles. All attorneys are lawyers, but not every lawyer is an attorney.
• The main difference between lawyers and attorneys is that the latter is empowered to represent you in court and may act on your behalf in legal matters.
• Becoming a lawyer means graduating from an accredited law school with a degree, which typically takes seven years.
• Becoming an attorney requires becoming a lawyer first and then taking your state’s bar exam. Passing the bar allows legal professionals to become attorneys and represent their clients officially.
• Attorneys may invoke attorney-client privilege, meaning anything shared must be kept confidential even after they have ceased representing a client or the client has passed away. Lawyers cannot provide the surety of attorney-client privilege.
• Hiring a lawyer is best done for general legal matters, whereas anything requiring representation or filing court papers requires an attorney.

Understanding Legal Terminology: Defining Lawyers and Attorneys

Understanding the key differences means defining the two titles, from an American perspective:

1. Lawyer – A lawyer has finished their legal education and has been trained after attending law school. It’s a highly generalized term that doesn’t account for the limits to what they can do.
2. Attorney – Short for “attorney-at-law”, an attorney has passed their respective bar exam, is fully qualified and licensed to practice law, and may provide formal legal counsel. They also have the authority to represent their clients in front of a judge.

Both must have completed a degree and graduated from law school, but a lawyer can still be a lawyer without passing the bar exam or becoming a member of their state’s bar. Naturally, this means they can provide legal advice but can’t perform other functions that an attorney can.

The Origin of the Terms: Historical Context

Much of the American legal system is drawn from the English legal system. The distinction between a lawyer and an attorney also dates back to English legal precedent, dating back centuries. A lawyer is anyone trained in the law, whereas in England, an attorney is someone authorized to act on someone’s behalf in a legal matter. Essentially, an attorney in England is an agent under the law. The U.S. has adopted a similar system, but over time, the distinction has blurred, which is why you’ll see ordinary people and legal professionals alike use the term interchangeably.

Modern Definitions: How They Are Used Today

In the U.S., what we call a lawyer and an attorney is essentially an academic issue. It’s a term morphed to become one and the same, even though they still have important legal differences. Someone representing a client in court should be correctly referred to as an attorney. In an educational context, a lawyer is anyone with a law degree, regardless of whether they’ve passed the bar exam. Even law students who graduated yesterday can hold the title of lawyer, but won’t be able to call themselves an attorney. You may have also heard the terms “legal advisor, “solicitor, or “barrister.” These terms are the attorney equivalent elsewhere in the world. However, other countries have sharper differences in their roles between what we’d consider a lawyer vs. an attorney.

The Legal Distinction in Roles: Lawyers vs. Attorneys

Lawyers and attorneys have significant overlap in their roles, but attorneys can do what lawyers cannot. Although the U.S. Bureau of Labor Statistics projects 35,600 openings for lawyers annually over the next decade, many of these roles will be for attorneys explicitly. If you're considering legal help, understanding how much lawyers charge can help you make an informed decision. Even as an ordinary person, understanding the distinction between the roles is crucial if you’re ever in need of a legal professional. Let’s break down each of these professional roles by their responsibilities.

Typical Responsibilities of a Lawyer

Graduating from law school with a degree instantly enables you to wear the title of lawyer. Roles that a lawyer may take on include:

• Conducting legal research.
• Writing legal memos.
• Offering general legal advice.
• Working in policy development.
• Working as a legal analyst.
• Operating as a legal consultant.
• Preparing and drafting legal documents under supervision.
• Assisting with pre-trial functions with other legal professionals.

Passing the bar exam and becoming an attorney is the only way to represent a client before a judge in court. Likewise, lawyers can’t sign court filings. You might see a lawyer in court, but they can’t represent their clients. They can only advise.

Typical Duties of an Attorney

In contrast, an attorney can do everything a lawyer can do and more. An experienced attorney may even have a team of lawyers working on their behalf, especially in more complex cases requiring considerable legwork. Some of the responsibilities distinct to an attorney include:

• Actively represent clients in court.
• Argue motions.
• Cross-examine witnesses.
• Providing legal counsel.
• Signing and filing legal documents in court.
• Negotiating settlements and plea deals.
• Advocating in front of judges and juries.

Attorneys must pass the bar exam and usually comply with ongoing legal education requirements to maintain their licenses. Additionally, attorneys are bound by professional codes of conduct in a way ordinary lawyers aren’t.

Understanding the Attorney-at-Law concept

An attorney-at-law pertains to the attorney’s role as an agent. They’re someone who can act on behalf of someone else in a legal capacity. It’s not about their knowledge of the law but about being formally licensed to wield that knowledge on another individual’s behalf. An attorney-at-law is the long-form term for an attorney. In the U.S., the right to use this title is controlled by state bar associations. Nobody can legally function as an agent of law without obtaining admission to the bar. Moreover, it must be mentioned that just because someone is an attorney doesn’t mean they can’t lose their title later, such as if they choose to retire or are removed from the bar. This is another distinction of the attorney role. An attorney can cease to be an attorney, but someone with a valid law degree will always be a lawyer.

Regulatory and Educational Pathways: Becoming a Lawyer or Attorney

Becoming either a lawyer or an attorney means following a defined pathway. Strictly speaking, the pathway is the same except for the final step of passing your state’s bar exam and receiving the right to call yourself an attorney. Here’s what the pathway to becoming a lawyer, and then an attorney, looks like.

How Long Does it Take to Become a Lawyer or Attorney?

The minimum time to become a lawyer is seven years of education. It comprises four years for an undergraduate degree and then an additional three years of law school. Following graduation, most aspiring lawyers will take six to twelve months of practical training, usually as secretaries or paralegals. Of course, becoming an attorney can take longer, depending on the number of attempts required to pass the bar exam.

Necessary Education: Law School and Beyond

Education begins by achieving an undergraduate degree. No major is required to enter law school afterward, but most courses focus on a field that prioritizes writing, reading, and critical thinking skills. Examples of popular bachelor’s degrees include history, business, political science, and philosophy. The next step is applying to and completing law school, where you’ll receive a Juris Doctor (JD) degree. It takes around three years and covers several core subjects, including constitutional law, criminal defense law, torts, and civil procedure. You may also choose to specialize at this stage. For example, you may specialize in corporate, intellectual property, or tax law. Additionally, some choose to pursue extra education before beginning their professional lives. For example, someone looking to practice international law will take an LL.M. (Master of Laws).

Licensing Requirements: Bar Exams and Admissions

Following graduation, you’re a lawyer, and nobody can take that away from you. Those who want to go on to become attorneys must now pass the bar exam in any U.S. jurisdiction. Typically, this will be where you intend to practice. So, what does the process look like?

• Bar Examination – Each state produces its own bar exam, usually a combination of essay-style questions and a performance test. You may also need to pass the Multistate Professional Responsibility Exam (MPRE), which is only present in some states and focuses on ethics.
• Character Review – All aspiring attorneys must pass a background check to ensure they’re fit to practice. This in-depth check examines your legal and financial history and verifies your moral character.
• Admission – If you reach this stage, you’ll be sworn in and officially become part of your state’s bar association, which gives you the right to use the attorney-at-law title officially.

Different states may have varying requirements regarding dues, continuing legal education requirements, and even local law tests.

Legal Privileges and Responsibilities: Attorney-Client Relationship

All attorneys owe a duty to their clients. An attorney advocates for their clients, but they’re also fiduciaries, and this is the root of what most people know as the attorney-client privilege. That allows clients to speak freely with their attorneys, knowing perfectly well that their attorneys are bound by law to maintain their confidence.

What is Attorney-Client Privilege?

Attorney-client privilege is a legal protection enshrining all communications between clients and their attorneys. It means anything said is done in the strictest confidence, allowing clients to speak freely, thus empowering attorneys to provide the best possible standard of legal representation. It applies to practically all forms of communication, including written and verbal. Moreover, it survives even after the death of the client and after the representation ends. In other words, it’s a form of protection that lasts until the end of time. But that doesn’t mean there aren’t exceptions to these rules. The exceptions to attorney-client privilege include:

• The attorney is acting in a non-legal capacity.
• Third parties not part of the legal team are present.
• The client is seeking legal advice regarding committing a future crime.

Another point is that it only comes into play with licensed attorneys. An ordinary lawyer can’t make these guarantees unless they’re acting on behalf of and under the supervision of a licensed attorney.

Legal Obligations of Attorneys and Lawyers to Clients

Legal professionals must follow several legal and ethical obligations when dealing with clients. Attorneys can lose their licenses if they don’t follow through on their obligations and see their reputations destroyed. Typically, there are five primary obligations and duties a practicing attorney must uphold at all times:

1. Competence – Attorneys must be knowledgeable and skilled when it comes to the law, which also means keeping up-to-date on the latest legal changes.
2. Loyalty – Attorneys must put their clients’ best interests at the forefront of what they do, which also means avoiding any conflicts of interest.
3. Confidentiality – Confidentiality extends further than attorney-client privilege and means that attorneys must keep all information related to their clients private, no matter the source.
4. Communication – Attorneys must stay in regular contact with their clients regarding developments in their case and are obligated to respond to all questions and concerns within a reasonable timeframe.
5. Diligence – To the best of their abilities, attorneys must handle all matters with the attention, care, and urgency appropriate to the client’s current situation.

Not upholding these five duties has consequences, including disciplinary action, malpractice claims, and even disbarment.

Regional Variations: Differences Across Jurisdictions

Defining attorneys vs. lawyers applies to the U.S., but it’s vital to mention that the definitions we use don’t necessarily apply across borders. Likewise, there are also slight variations within the country itself. Knowing some of the differences is crucial when navigating legal matters cross-country or across borders. Let’s examine some of the regional variations.

International Perspectives: How the Terms Differ Globally

Like the U.S., other countries have clear delineations between lawyers and attorneys but use different terms. Some of these roles are more sharply divided than others. In the UK, the legal profession uses “lawyer” as a general descriptor, and “attorney” is rarely used at all. Instead, solicitors are used to handle legal paperwork and interactions with clients, whereas barristers are specialists in courtroom advocacy. Canada is similar, but barristers and solicitors are typically the same thing in practice. The term “attorney” is used, but attorneys in Canada act under the power of attorney, rather than acting as legal advocates. In a sense, the U.S. is unique in how it uses the term “attorney” because in most other English-speaking countries, they aren’t courtroom advocates and go under other specific professional titles.

State-Specific Definitions and Usage in the U.S.

Within the U.S. itself, the definitions of lawyers and attorneys are mostly standardized, but there are some slight variations in terms of licensing and regulation. To begin with, all 50 states require an attorney-at-law to pass their respective bar exams. Only licensed attorneys may formally represent clients in a courtroom and sign official court filings. However, the differences are mainly in how they’re referred to. For example, states may refer to attorneys differently within official documentation. For example, California uses “attorney” consistently in all filings, but local culture means that many practitioners are usually referred to as lawyers in all cases. Ultimately, it’s not the term that matters. The right to practice law and the roles someone can perform are tied to their licensure, even when the terminology on the ground differs.

Choosing the Right Professional: Lawyer vs. Attorney for Your Needs

Are you facing a pressing legal problem? Knowing who you want to hire is critical to ensuring you’re working with the right professional. In most cases, the difference doesn’t matter, but if you’re planning to go to court, this is when it matters. Let’s examine the differences from a more practical perspective.

When to Hire a Lawyer: Understanding Your Case

Lawyers are able to assist and advise on many legal issues. Likewise, they can prepare some documents and offer assistance during the pre-litigation stages of cases. Plus, they’re a fountain of knowledge for demystifying aspects of the legal system, including when it comes to legal proceedings and concepts. In many cases, they will also be working directly as part of a team led by a licensed attorney. The chances are that when you hire a lawyer from a large firm, much of the work will be done by a lawyer. What matters is that you understand that a lawyer can’t appear in court or negotiate a legal matter on your behalf. Remember, they can’t represent anyone in a legal sense.

When to Consult an Attorney: Specialized Legal Services

Attorneys are there when your legal needs extend beyond understanding your case. If you need to file official paperwork, such as filing a personal injury lawsuit, you need an attorney. If you’re dealing with legal agreements and contract negotiations, you need an attorney. Above all, if you intend to attend court and need to be represented in any matter, civil or criminal, only an attorney can do this for you. Attorneys are the only legal professionals who can represent and act on your behalf.

Common Misconceptions: Debunking Myths Around Lawyers and Attorneys

Many misconceptions about these two legal designations float around. Unfortunately, since many in the legal industry also use the terms interchangeably, they’ve inadvertently contributed to many misconceptions. Here’s a selection of myths and the realities.

All Lawyers Can Represent You in Court

Lawyers cannot represent you in court at any stage. Only a lawyer who has passed the bar exam and become a licensed attorney may represent you in court. Law degrees are only the foundation. They don’t grant any courtroom authority alone.

Attorney and Lawyer are Interchangeable

Every day usage means attorneys and lawyers are used interchangeably and often believed to be the same thing. However, the legal system doesn’t recognize this, and an attorney is the only professional who can act on someone’s behalf in a legal sense.

An “Esq.” is Automatically an Attorney

Look up legal systems and you’ll see many attorneys with “Esq.” after their names. In many states, it’s recognized that if you use this honorary title, you’re an attorney, but this is a convention, not a legally protected term. It’s nothing more than a courtesy. Sometimes, you’ll even see lawyers using the term because they don’t know how to use it correctly.

You Only Need an Attorney to Go to Court

This is an enormous misconception because only an attorney can take on this specialized role. However, attorneys do so much more, including negotiating settlements, providing official legal advice, and taking proactive action to prevent legal action.

Are All Lawyers Attorneys?

It’s a standard question and one that’s often answered incorrectly. Not all lawyers are attorneys, but all attorneys are lawyers. A lawyer is an extremely generalized term for anyone who has completed law school and possesses a law degree.

Frequently Asked Questions: Lawyers vs. Attorneys

Is there a difference between a lawyer and an attorney in practice?

Absolutely! Lawyers aren’t necessarily members of their state’s bar association and don’t hold the authority to represent clients or act on their behalf. An attorney does. An attorney can do everything a lawyer can, but a lawyer can’t do everything an attorney can.

What qualifications should I look for in a legal professional?

Expertise and experience are the twin pillars you should be looking at when hiring either an attorney or a lawyer. If needed, you should also look for evidence of specialization. If you need somebody to represent you, check that whoever you want to hire is licensed with your state’s bar association.

Do attorneys have more authority than lawyers?

Yes, because attorneys are authorized to represent their clients and act on their behalf. A lawyer can’t do these things independently and may only do so if a licensed attorney officially supervises them. Even then, many things like representing clients before a judge can’t be delegated to a non-attorney.