What’s the Difference?
While the terms “attorney” and “lawyer” are often used interchangeably in everyday conversation, there are important distinctions between them in the legal profession. Understanding these differences can help you better navigate legal matters and communicate more effectively with legal professionals.
All attorneys are lawyers, but not all lawyers are attorneys. The key difference lies in their ability to practice law in court.
| Feature | Lawyer | Attorney |
|---|---|---|
| Definition | A person who has studied law and is qualified to give legal advice | A lawyer who is licensed to represent clients in court |
| Education | Law degree (JD or LLB) | Law degree (JD or LLB) |
| Bar Admission | Not necessarily admitted to the bar | Must be admitted to the state bar association |
| Court Representation | Cannot represent clients in court | Can represent clients in court |
| Scope of Practice | Legal advice, document preparation | Full legal services including litigation |
| License to Practice | May not have a license to practice law | Must have a license to practice law |
| Client Representation | Limited to out-of-court services | Full representation including in court |
Lawyer
A lawyer is someone who has completed law school and obtained a Juris Doctor (JD) degree. They are knowledgeable about the law and can provide legal advice to clients.
Typical responsibilities:
- Providing legal counsel and advice
- Drafting legal documents
- Researching legal issues
- Negotiating settlements
- Explaining legal rights and obligations
Attorney
An attorney (or attorney-at-law) is a lawyer who has passed the bar exam and been licensed to practice law in a specific jurisdiction. They can represent clients in court proceedings.
Additional responsibilities:
- Representing clients in court
- Filing legal motions and pleadings
- Examining and cross-examining witnesses
- Presenting evidence in court
- Making oral arguments before judges and juries
Key Differences Explained
Educational Requirements
Both lawyers and attorneys complete the same educational path, which typically includes:
- Bachelor’s degree (any field)
- Law School (3 years) leading to a Juris Doctor (JD) degree
- Passing the Multistate Professional Responsibility Examination (MPRE)
The key difference is that attorneys must also pass the bar exam in the state where they wish to practice.
Licensing and Bar Admission
To become an attorney, a lawyer must:
- Pass the state bar examination
- Undergo a character and fitness evaluation
- Take the attorney’s oath of office
- Receive a license from the state supreme court or bar association
- Complete continuing legal education (CLE) requirements
Scope of Practice
The most significant practical difference lies in what each professional is authorized to do:
- Lawyers can provide legal advice and prepare documents but cannot represent clients in court.
- Attorneys can perform all legal services including representing clients in court proceedings.
Geographic Variations in Terminology
The distinction between lawyer and attorney is most pronounced in the United States. In other English-speaking countries:
- In the United Kingdom, the term “solicitor” is similar to a lawyer, while “barrister” is similar to an attorney.
- In Canada, the terms are often used interchangeably like in the U.S.
- In Australia, “lawyer” is the general term, while “solicitor” and “barrister” denote specific roles.
Conclusion
While the terms “lawyer” and “attorney” are often used interchangeably in casual conversation, the distinction is important in legal contexts. An attorney is always a lawyer, but a lawyer isn’t necessarily an attorney. The key difference is that an attorney has passed the bar exam and is licensed to represent clients in court, while a lawyer may not have these qualifications.
When seeking legal assistance, it’s important to understand this distinction to ensure you hire the right professional for your specific needs.
