In legal talk, people often use “lawyer” and “attorney” like they mean the same thing. But actually, they have different jobs. This article will explain what sets them apart and what they have in common. It’ll help you figure out which one you might need for your legal problems.
Defining a Lawyer
Who is a Lawyer?
A lawyer is someone who has gone to law school and earned a law degree, like a Juris Doctor (JD) in the United States. They know the law well, can give legal advice, and provide different legal services. However, not all lawyers are allowed to represent clients in court.
Roles and Responsibilities
Lawyers can perform a variety of roles, including:
- Providing legal advice and consultation
- Drafting legal documents, such as contracts and wills
- Conducting legal research
- Advising clients on legal matters
Although all attorneys are lawyers, not all lawyers are attorneys.
Defining an Attorney
Who is an Attorney?
An attorney, or attorney-at-law, is a lawyer who has passed the bar exam and is licensed to practice law in a specific area. This means an attorney can legally represent clients in court, sign legal documents, and take other actions for clients in legal cases.
Roles and Responsibilities
In addition to the duties of a lawyer, an attorney can:
- Represent clients in court
- Present cases before a judge or jury
- File lawsuits and other legal actions
- Negotiate settlements on behalf of clients
Attorneys have the authority to act on behalf of their clients in legal matters, making them essential for courtroom litigation and other formal legal processes.
Key Differences Between a Lawyer and an Attorney
Licensing and Bar Exam
The main difference between a lawyer and an attorney is in their licensing. A lawyer has completed legal education and earned a law degree but may not have passed the bar exam. An attorney, on the other hand, has passed the bar exam and holds a license to practice law in a specific jurisdiction.
Scope of Practice
Lawyers can provide legal advice and draft documents, but they cannot represent clients in court unless they are also licensed as attorneys. Attorneys, however, are fully authorized to represent clients in legal proceedings, which makes them suitable for litigation and other formal legal matters.
Professional Titles
While “lawyer” is a broad term for anyone with legal training, “attorney” specifically refers to those qualified to act on behalf of clients in legal matters. This distinction is significant in professional contexts and affects the range of services these legal professionals can offer.
When to Hire a Lawyer vs. an Attorney
When to Hire a Lawyer
You might seek the services of a lawyer if you need:
- Legal advice and consultation
- Assistance with legal documents and contracts
- Guidance on legal matters without the need for court representation.
When to Hire an Attorney
You should consider hiring an attorney if you require:
- Representation in court
- Assistance with filing lawsuits or other legal actions
- Legal representation in negotiations and settlements
Comparison Table
| Aspect | Lawyer | Attorney |
| Education | Completed law school (JD degree) | Completed law school (JD degree) |
| Bar Exam | May or may not have passed | Must have passed |
| License | Not necessarily licensed to practice law | Licensed to practice law |
| Court Representation | Cannot represent clients in court if not licensed | Can represent clients in court |
| Roles | Legal advice, document drafting, consulting | All lawyer roles plus court representation |
What about outside of the US?
The distinction between lawyer and attorney varies significantly outside the United States, particularly in countries with different legal systems such as the United Kingdom, Australia, and other Commonwealth nations.
United Kingdom
Lawyer
Definition: A general term for someone who can give legal advice, like solicitors, barristers, and legal executives.
Roles: Lawyers can give legal advice, write legal documents, and help clients with legal issues.
Solicitor
Definition: A legal expert who gives specialized advice and help to clients.
Roles: Solicitors handle legal matters outside of court, such as making contracts, negotiating deals, and preparing cases for barristers to present in court. They can represent clients in lower courts but usually ask barristers to handle cases that need court appearances.
Barrister
Definition: An expert in arguing cases in court and dealing with legal disputes.
Roles: Barristers represent clients in higher courts, offer specialized legal advice, and handle complex legal arguments and questioning in court. They usually work with solicitors and typically don’t meet directly with clients.
Australia
Lawyer
Definition: A general term for someone qualified to practice law, including solicitors and barristers.
Roles: Lawyers can give legal advice, write legal documents, and represent clients in different legal matters.
Solicitor
Definition: A legal professional who offers legal advice and services, such as drafting documents and doing research.
Roles: Like in the UK, solicitors in Australia handle legal work outside of court and prepare cases for barristers to present in court.
Barrister
Definition: A legal expert specializing in courtroom advocacy.
Roles: Barristers in Australia specialize in representing clients in court and usually receive instructions from solicitors.
India
Lawyer
Definition: A broad term for anyone with a law degree, including advocates.
Roles: Lawyers can give legal advice, write legal documents, and represent clients in different legal matters.
Advocate
Definition: A legal professional qualified to represent clients in court.
Roles: Advocates in India, similar to attorneys in the US, have passed the bar exam and are licensed to practice law in court. They specialize in various fields such as criminal law, family law, or corporate law.
Continental Europe
Lawyer
Definition: A term for anyone qualified to practice law, including advocates and notaries.
Roles: Lawyers can give legal advice, write legal papers, and help clients with different legal issues.
Advocate
Definition: A legal professional who represents clients in court.
Roles: Advocates in civil law countries act like barristers in common law countries, focusing on representing clients in court and legal advocacy.
Notary
Definition: A legal professional who specializes in certain legal tasks.
Roles: Notaries in civil law countries verify documents, write wills, and manage property deals. They usually don’t represent clients in court.
Also read:
Indicted vs Charged: Understanding the Legal Differences
Full Tort vs Limited Tort: Which Option is Right for You?
Negligence vs. Gross Negligence: Knowing the Legal Differences
