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Saturday, July 27, 2013

Attorney vs Lawyer Definition




The terms attorney and lawyer are often used interchangeably in the United States. There is very little distinction made between the two. This difficulty to differentiate is a result of the fact that in the United States, unlike in other countries, this distinction is not made. However, a slight one does exist.
Have you ever wonder what the difference is between a lawyer and an attorney? The difference between the two is not usually distinguished in the U.S., although there is a difference. Namely, if you have graduated from law school, you are a lawyer. If you are licensed to practice law, then you may call yourself an attorney.
However, that doesn't mean you should call yourself either. Steven Lubet, Director of the Fred Bartlit Center for Trial Strategy at Northwestern and author of Lawyers' Poker was quoted regarding the distinction between lawyers and attorneys. He says:
"...the lawyer/attorney distinction is folklore. The terms are synonymous in American English and you may not hold yourself out as either unless you are admitted to practice somewhere."
What this amounts to is that even if you graduate from law school, unless you pass the bar exam and are licensed to practice law, you wouldn't really refer to yourself as a lawyer or an attorney, as doing so would be, for the most part, considered unethical and deceptive. Further, you would be greatly frowned upon by other colleagues in your profession.

What is a Lawyer

Lawyers, by matter of definition, are those who have studied the law and its application. Lawyers are called upon to represent a client in a court of law and advise their clients in legal matters.

What is an Attorney

By definition, an attorney is someone who is licensed to represent a client in the court of law. Attorneys are bound by obligation to act on a client’s behalf and in their best interest. According to Dictionary.com, the word attorney has its orign in the year 1250–1300 and comes from the Middle English Anglo-French attourne, which literally means, "turned to." In other words, an attorney is one who is turned to.

Differences in Speech and Writing

You may also find that people within the profession may use the words lawyer and attorney interchangeably. In fact, lawyers may refer to themselves as a lawyer, attorney, counselor, barrister, or esquire. Although the latter two are not frequently used., the first three are. There may be other colloquialisms that occur within the profession, such as a judge who refers to a lawyer as a counselor when irritated, or a lawyer referring to themselves as esquire in formal writing.

Additional Resources

Interested in learning more about becoming a lawyer or attorney? Check out our reference guide on how to become a lawyer, or how to become a paralegal, or take a look at some of our online legal degrees to find the right online school and program to match your needs.

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