Difference Between a Lawyer and an Attorney

by Yuvi - August 17, 2023

In the United States, the terms “lawyer” and “attorney” are often used interchangeably. However, there is a subtle difference between the two, which lies in the specifics of their qualifications and functions. Here’s a detailed explanation:

Lawyer:

A lawyer is a general term that refers to someone who is trained in law, and possesses a Juris Doctor (JD) degree from a law school accredited by the American Bar Association (ABA). They understand and can interpret the law, but may not necessarily be licensed to practice law in a specific jurisdiction.

• Education: A lawyer must complete a bachelor’s degree and then a three-year law degree (JD) from a law school.
• Role: Lawyers can work in various capacities, such as legal consultants, legal writers, legal analysts, and more, without necessarily being involved in court proceedings.
• Licensing: A lawyer doesn’t necessarily have to be licensed to practice law. After earning a JD, they must pass the bar exam of the jurisdiction in which they intend to practice in order to become an attorney.

Attorney:

An attorney, also known as an attorney at law, is a lawyer who is licensed to practice law in a specific jurisdiction. This means they have not only completed their legal education but have also passed the bar exam, making them eligible to represent clients in legal matters.

• Education: Just like a lawyer, an attorney must complete a bachelor’s degree and a JD from a law school.
• Role: An attorney can represent clients in court, file and draft legal documents (e.g., lawsuits, appeals, wills, contracts), provide legal advice, and engage in negotiations on behalf of clients. In essence, all attorneys are lawyers, but not all lawyers are attorneys.
• Licensing: An attorney must pass the bar exam in the jurisdiction where they intend to practice. They are then admitted to the bar, which allows them to practice law in that jurisdiction.

The outlines the differences between a lawyer and an attorney, primarily in the context of the United States:

Please note that this table is designed to illustrate the general differences between lawyers and attorneys in the United States. The specific requirements and regulations may vary between different jurisdictions within the country.

Here are some common questions about the difference between a lawyer and an attorney:

Can a lawyer represent me in court?

While a lawyer has legal training, they need to be licensed as an attorney to represent clients in court.

Is passing the bar exam the only requirement to become an attorney?

In addition to passing the bar exam, candidates must usually pass a character and fitness assessment and may need to fulfill other state-specific requirements.

Are the terms ‘lawyer’ and ‘attorney’ used interchangeably in other countries?

The usage of these terms varies from country to country. In some countries, like the UK, the legal profession is divided into solicitors and barristers, which are somewhat analogous to attorneys in the US.

What is the significance of being ‘admitted to the bar’?

Being admitted to the bar signifies that the individual is licensed to practice law in a specific jurisdiction. It involves passing the bar exam, as well as meeting other state requirements.

In summary, the primary distinction between the two lies in the capacity to practice law in a court of law – an attorney is licensed and authorized to represent clients in legal proceedings, while a lawyer, though educated in law, may not practice law in a court unless they are also licensed as an attorney.