Have you ever wondered what the difference is between a lawyer and an attorney? You're not alone - many people use these terms interchangeably. However, there are some key distinctions between the two professional titles.
Defining Lawyer vs. Attorney
A lawyer is someone who has completed law school and earned a Juris Doctor (J.D.) degree. This means they have a broad knowledge of the law. However, simply having a J.D. does not give someone the right to practice law.
An attorney is a lawyer who has passed the bar exam and been admitted to the bar in a particular state. This allows them to legally represent clients in court and provide legal services within that jurisdiction. All attorneys are lawyers, but not all lawyers are attorneys.
Educational Requirements
To become a lawyer, an individual must:
- Earn a bachelor's degree (in any field)
- Complete 3 years of law school and earn a Juris Doctor (J.D.) degree
- Pass the Law School Admission Test (LSAT) for law school admission
To become an attorney, a lawyer must:
- Pass the bar exam in the state(s) where they intend to practice law
- Fulfill any other admission requirements for that state's bar
Each state has its own bar exam testing on both multi-state law topics and state-specific laws. Passing this exam is mandatory for anyone who wants to be licensed to practice law in that jurisdiction.
Roles and Responsibilities
While lawyers and attorneys often overlap in their work, their primary roles differ:
Lawyers focus on:
- Offering legal advice and consultation
- Drafting legal documents like wills, contracts, and real estate agreements
- Conducting legal research and analysis
Attorneys focus on:
- Going to court and representing clients in litigation
- Preparing cases for criminal and civil trials
- Presenting oral arguments and examining witnesses
- Filing appeals, motions, and petitions on a client's behalf
Attorneys act as advocates and advisors for their clients. They represent people, organizations, or the government in legal disputes and transactions. Lawyers who aren't licensed as attorneys cannot appear in court or plead cases.
Legal Contexts
Attorneys work in many legal contexts depending on their area of specialization, such as:
- Criminal law - represent defendants or the state in criminal litigation
- Corporate law - provide counsel to corporations on business matters
- Family law - handle divorce, child custody, and estate planning cases
- Litigation - represent plaintiffs or defendants in civil lawsuits
Lawyers who aren't attorneys are limited in their ability to go to court. However, they can still assist clients with legal advice, contracts, wills, real estate closings, and other matters. Many lawyers choose to practice in law firms, government agencies, corporations, or other organizations.
Common Misconceptions
There are a few common misconceptions about lawyers versus attorneys:
All lawyers are attorneys - In fact, someone who passes the bar and becomes an attorney is considered a lawyer, but not vice versa.
Lawyers can't practice law - They can under limited circumstances, but aren't licensed to represent clients in court.
The terms are interchangeable - While they're closely linked professions, lawyer and attorney have distinct meanings.
The bottom line is that all attorneys are lawyers, but not all lawyers are licensed attorneys entitled to represent clients in court. Checking credentials and state bar membership can help clarify an individual's professional standing. With this key distinction in mind, you'll be better equipped to work with the right legal professional for your needs.