Attorney vs Lawyer: Understanding the Key Differences

Attorneys and lawyers have similar duties, regardless of who their clients are. A lawyer whose “client” is the government agency that hired them and an attorney whose “client” is a civil plaintiff will both have the same responsibilities throughout their workday. These include:

Attorneys have additional responsibilities:

For instance, an attorney would appear in court to argue for a plaintiff in a car accident case — making an opening statement to the jury and presenting evidence. They would question witnesses and cross-examine the defendant’s present witnesses.

A lawyer might work for the insurance company’s legal department in the same case. They would review the plaintiff’s claim, flag any questionable areas, and locate supporting statutes for the staff attorney to develop a case against the plaintiff.

Because the terms “attorney” and “lawyer” are used interchangeably, yet mean different things, it’s important to understand what each means and when one should be used over the over. An attorney isn’t “better” than a lawyer, and an attorney isn’t licensed for federal courts while a lawyer is only for state courts.

The most important thing the layperson must understand is which one is licensed to practice law and can give legal advice about a court case. Under ABA and state bar regulations, someone who has not passed the bar is not allowed to give legal advice about an ongoing court case.

In other words, an attorney may give you legal advice about the possible outcome of divorcing your current spouse. A lawyer may only explain possible outcomes of divorce in general. It is a critical distinction because, if something goes wrong, the attorney has malpractice insurance. The lawyer does not.

If you are seeking general legal advice about the law, a lawyer can give you that information. If you want legal advice about your case, contact an attorney.

Both lawyers and attorneys can go into corporate legal, policy, academia, and support roles. Many academic positions want practicing or recently retired attorneys in professorial positions — mainly because such attorneys are current on case law and court procedure.

Non-litigating jobs for JDs (lawyers) include:

All these positions require a working knowledge of law, an ability to analyze legal and policy matters, and an ability to write legal facts clearly.

Attorneys may go into private practice, although sole practice is a difficult way to begin one’s career. Becoming an associate attorney at a large firm is less fulfilling, according to industry statistics, but a safer way to gain experience before striking out on one’s own.

Common practice areas for attorneys include:

Bankruptcy law is a specialized area that requires the attorney to certify to appear in federal court. Medical malpractice is considered especially difficult because of the intricacies of medical coding. Both are lucrative practice areas.

If you need someone to represent you in court, you must have an attorney. If you need someone to give you specific advice about what you should do in your particular legal matter, you should consult an attorney with experience in your specific legal area.

One way to determine whether you are consulting the right professional is to ask whether they are breaking the law by helping you. Unauthorized practice of law is a criminal offense in most states, and no ethical lawyer will do anything unlawful to help you. If the legal professional is not licensed to practice law, they will not give you assistance they are not licensed to provide.

On the other hand, a JD who works for a legal department or is properly employed as an advisor for an agency to perform legal research is not practicing law. If you consult a librarian in a law library, you can ask them to explain a legal case as that is within their expertise.

In some countries, there is a considerable difference between attorneys and other types of legal professionals. For instance, in British Commonwealth countries and former colonies, a “barrister” is someone who may appear in court and argue before a judge. A “solicitor” does not appear in court but can give legal advice and prepare legal documents. A “clerk” can do legal paperwork under the supervision of a solicitor, just as a paralegal would.

Barristers and attorneys from other nations need to obtain their LLMs (Master of Law) degrees to take the bar exam when they arrive in the U.S. The LLM gives them legal knowledge about the American legal system without needing to attend law school and complete an entire bar exam to practice in the U.S.

Attorneys and lawyers have many of the same duties and responsibilities. The major difference is that attorneys have passed the bar exam and can represent clients in court.

It’s essential for clients to research their attorney carefully and know the difference between an attorney who can appear in court and a lawyer (JD) who cannot.