Jul 18, 2020

What Is The Difference Between an Attorney and Lawyer?


Ehline Law, the injury victim's Friend
Injury lawyer Michael Ehline of Ehline Law Firm.

Ok. This difference in this distinction is a question few people don’t ask since they seem to mean the same thing. But are they? Most people think it's the same. But some differences could affect your interactions with the courts. Many people, including the editors over at Wikipedia, use the terms attorney and lawyer as if they were the same. But like most legal terms, they are not interchangeable. Because of this, I wanted to explain the slight differences for the technically minded.

What is An Attorney?

A person learned in the law; as an attorney, counsel, or solicitor. Any person who, for fee or reward, prosecutes or defends causes in courts of record or other judicial tribunals of the United States, or of any of the states, or whose business it is to give legal advice in relation to any cause or matter whatever. Act of July 13, 1800. (See Infra.)

This legal beagle is someone licensed by the state bar to practice law and represent their clients. Attorneys have a higher standard than lawyers. So they must have all of the prerequisite training and expertise needed to handle many types of cases.

Attorney usually denotes an agent or substitute appointed and authorized to act in the place or stead of another. In re Ricker, 60 N. H. 207, 29 Atl. 559, 24 L. R. A. 740; Eichelberger v. Sifford, 27 Md. 320. It is “an ancient English word, and signifies one that is set in the turn, stead, or place of another; and of these some be private * * * and some be [public], as attorneys at law.” Co. Litt. 516, 128a; Britt 2856. . . (See Infra.)

At the other end of the legal beagle spectrum is the “lawyer.” 

What is a Lawyer?

A lawyer is a person who studies law. And this person may even have a Juris Doctorate. But until this individual passes the Bar Exam, can't actually practice law. However, against State Bar Rules, they may give people legal advice. To recap, all it takes to be a lawyer at common law is to simply study the law. Paupers were considered lawyers at common law. In fact, many were highly respected. Modernly, we even have fee waivers called In Forma Pauperis "Waivers" because of the respect old courts had for poor people who were learned in the law. 

  • As a consumer, you need to protect yourself, even when you are seeking the help of someone to champion your legal interests.
  • You have to make sure they even have the legal authority to represent you at all!

Sometimes differences could seem minute. But they could make a significant difference in your case. Having an unqualified advocate is clearly against your best interest.

Those trained in the field of law are often called "lawyers." People trained in the law include paralegals. But they are not normally people who have read for the law or attended law school. So it is doubtful they could call themselves lawyers absent that special education. In any event, I think it is pretty clear that a paralegal is NOT a lawyer.

What is an Esquire?

Esquire often follows an attorney's name as a title. Esquire in the United States most often means that an attorney has passed the bar of that particular state, but not always. Of course, our founders looked upon titles of nobility as a potentially dangerous thing.

In the United Kingdom the "Esq" may be used for other educational titles. So in the UK, attorneys are called barristers or solicitors. In any event, knowing whether or not the person that you are contacting is prepared for the job remains vital.

If you think that these distinctions do not make a difference, it could lead you in the wrong direction. Making sure your advocate has the correct level of legal training is vital. After all, it could make all the difference in and out of court, or in negotiations. Don't cut any corners. Never allow an unqualified individual to take on your case. The wrong choice could affect you for the rest of your life. When in doubt, contact a real attorney with a name in good standing with the state bar.

Sources:

Black's Law Dictionary - "Attorney" defined Here.

Black's Law Dictionary - "Lawyer," defined Here.

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