What’s the Difference Between a Lawyer and an Attorney?

Ever wonder why some people call themselves lawyers, but others use the word attorney instead? Is there any real difference between lawyer and attorney, or are they just two words that mean the same thing? Surprisingly, there is one small (but very important) difference between lawyers and attorneys. Only attorneys licensed to practice law in your state or federal jurisdiction can represent you in court.

Keep reading to learn what else makes attorneys different from lawyers, advocates, or other legal professionals who completed law school.

Understanding the Difference Between Lawyer and Attorney: Key Takeaways

• The terms “attorney” and “lawyer” are often used interchangeably in the United States to refer to someone with a law degree. However, only someone who has passed the bar exam and is licensed to practice law in a specific state or federal jurisdiction is an attorney.
• Both attorneys and lawyers can provide legal advice, but only licensed attorneys can represent clients in court.
• Anyone who studies law and passes the bar association exam can call themselves a lawyer. Lawyers may choose not to practice law and instead review legal documents, become law school professors, or provide legal advice.
• LegalASAP is not a law firm and we do not give legal advice. However, we do work with hundreds of attorneys, lawyers, and advocates located nationwide who offer our readers free consultations.

What is an Attorney at Law? And Is That the Same as an Attorney?

According to Cornell Law School’s Legal Information Institute (LII), an attorney “is someone authorized to practice law.” In other words, attorneys are lawyers who are also sometimes called an “attorney at law.” But there’s also a less-common meaning of “attorney” listed in the LII definition.

An agent authorized to act on someone else’s behalf (but not necessarily practice law) is also sometimes called “attorney.” This means a document called “power of attorney” authorizes that individual to act as an “attorney-in-fact” for someone else. In some cases, you may also hear these individuals referred to as a “private attorney.”

According to the ABAJournal, anytime you hear the term “attorney at law” it indicates two things:

• That person has already completed law school and passed the bar exam, and
• They are licensed to practice law in a specific state or federal jurisdiction. This also means they can appear in court on a client’s behalf.

What is a Lawyer?

Merriam-Webster defines the word lawyer as “one whose profession is to conduct lawsuits for clients or to advise as to legal rights and obligations in other matters.” So, technically, all attorneys are lawyers, based on the two definitions shown in this article. But not all lawyers are attorneys, despite them having the same legal education and training.

While many people may think they’re the same, not all lawyers may appear in court. To represent clients in court in certain jurisdictions, lawyers must instead meet certain licensing requirements. And some lawyers may decide not to practice law and instead choose other career paths. This can allow them to focus on other things, such as using their legal expertise to:

• Provide legal advice
• Work as consultants or researchers
• Accept academic advisory or teaching roles at a nearby law school

Is “Attorney” and “Lawyer” the Same Thing?

All attorneys are lawyers, by definition, and the terms are often used interchangeably. But the main difference between a lawyer and an attorney is the second must pass additional licensing requirements. So, all attorneys are lawyers, but not all lawyers are attorneys, if that makes sense.

Attorney vs Lawyer: What are the Main Differences Between Lawyer and Attorney?

The main difference between lawyer and attorney is the ability to represent clients in court. Only attorneys licensed to practice law in a state or federal jurisdiction may appear in court. Not all lawyers choose to use their law degree to become licensed attorneys who represent clients in court.

Other Terms Commonly Used to Describe Legal Professionals

• Solicitor: This is the word for someone who practices law in countries like the United Kingdom. In other words, a solicitor can give counsel or make a court appearance on behalf of their clients.
• Advocate: In the United States, this generally means someone who can advise others regarding their legal rights. Many people use the terms advocate, lawyer, and attorney interchangeably.
• Barrister: Legal professionals who usually spend most of their time representing clients in court in the UK are called barristers. For this reason, barrister is closer to the word attorney than it is to calling someone a lawyer.
• Counsel: This term may refer to anyone with legal training that works in-house for an organization or corporation. This person may also be a retired attorney, lawyer, or judge who provides legal advice, but not currently licensed to practice law.
• Esquire: This is an honorary title for someone who has a law degree and passed a state bar exam. You’re likely to see “esquire” on law firm business documents in its abbreviated form, “esq.,” after someone’s name. Here’s an example: “John Smith, esq., personal injury attorney.”

What’s the Educational Difference Between Lawyer and Attorney vs. Esquire?

All of the terms above may describe someone with a law school education and legal training. However, esquire is an honorary title only. And some legal professionals might choose one specific term over another because it “sounds better.” An example of this might be “John Smith, employment law attorney” instead of “John Smith, employment law lawyer.”

The Juris Doctor (J.D.) Degree

Someone who graduates from an accredited law school receives a “juris doctor degree,” also known as a law degree. This is commonly abbreviated as J.D. after the person’s name, like “John Smith, J.D.” or “John Smith, Ph.D.” However, this abbreviation indicates only that the person graduated law school and has a degree. It does not mean that person passed the bar exam, is a member of the bar, or is authorized to give legal advice. Industry studies show 8.83% of law school graduates in 2019 never passed the bar exam to become practicing attorneys.

To receive a law degree, every student must complete three years of coursework involving core legal topics, such as:

• Constitutional law
• Contract law
• Criminal law
• Civil procedures
• Property law
• Negligence and product liability law (also known as “tort law”)

Law School

Earlier, we mentioned any U.S. law school accredited by the American Bar Association (ABA) can award a J.D. degree. However, not every law school has ABA accreditation (such as those outside the U.S.). Think of the J.D. as equivalent to a Bachelor’s degree from any typical four-year college. Now, you’ll understand that some schools only offer advanced law degrees, called Master of Laws (LL.M.) degrees.

Law school graduates from other countries may practice law in the United States after completing an LL.M. degree. However, once they pass the bar exam and become licensed to practice law, those attorneys may not have J.D. degrees.

The most common legal degrees you may pursue in different types of U.S. law schools include:

• Juris Doctor (J.D.): Equivalent to a Bachelor’s degree for non-legal undergraduate students.
• Master of Laws (LL.M.): Post-graduate degree equal to a Master’s of Arts or Master’s of Science degree after receiving your J.D.
• Doctor of Juridical Science (S.J.D. or J.S.D.): Equivalent to a Ph.D., but for legal professionals.
• Juris Master (J.M.): This is a Master’s degree designed specifically for non-lawyer working professionals looking to enhance their legal knowledge.
• Master of Legal Studies (M.L.S.): If you work in a field that has a lot of tricky legal regulations to navigate, you may benefit from an M.L.S. Think: Government contractors, energy sector jobs, international trade contracts and restrictions, etc. However, this degree is also for non-lawyer working professionals.
• Master of Studies in Law (M.S.L): This is a Master’s degree program for gaining a comprehensive understanding of the legal system without practicing law. One example might be if you work for a large multinational corporation and want to understand intellectual property law.

What Type of Legal Professional Should You Choose?

This one’s pretty simple. Understanding the difference between lawyer and attorney means knowing why you need one. Just need legal advice or help understanding a contract or similar legal document? Then you can choose a lawyer, attorney, or advocate for that task.

But for certain legal issues, only an attorney will do. For example: If you need bankruptcy help, a lawyer may not be suitable because most of that process happens inside a courtroom. In that case, you would need an attorney, not a lawyer. And if you face criminal charges, then you need an attorney to represent you in court proceedings.

Need help understanding if you have a valid injury claim? We can match you with an attorney or a lawyer in your area for a free consultation. But if you plan to sue your employer for discrimination, you’ll need an attorney who specializes in employment law.

If you’re not sure whether you’re speaking to an attorney vs. lawyer or legal advocate, ask for their license number. That way, you can use that number to look this person up in your state’s bar association website. You may also wish to seek an attorney’s help if your current lawyer cannot meet your legal needs.

It’s Free to Connect with Legal Professionals Nationwide through LegalASAP

Talking to an a legal professional licensed to practice law in your state doesn’t have to cost you anything up front. This is called contingency-based representation, also known as a “no win, no fee” agreement. Depending on your current issue, many in the legal profession offer free, no-obligation initial consultations.

These legal practice areas that offer free claim evaluations and consultations for their potential clients:

• Workers’ compensation injuries
• Auto accident injuries
• Social Security disability benefits
• Veterans’ disability benefits
• Personal injury accidents
• Employment law attorneys
• Nursing home neglect and abuse injuries

If you aren’t sure where to find someone to help you with your problem, call us at 888-927-3080 or fill out this short evaluation form. You can also click the button below to request a free, no-obligation consultation now: