Attorney vs Lawyer: Understanding the Key Differences

Although the terms “attorney” and “lawyer” are used interchangeably in the United States, an attorney and a lawyer are two different legal professionals. Understanding the difference is essential for those who practice law, and those who hire and use the services of these legal professionals.

A lawyer has graduated from law school and can offer legal advice to others in some circumstances but cannot represent clients in court. A lawyer has not taken the state bar exam in any state.

An attorney has graduated from law school, can offer legal advice to others, and can represent their clients in court – since they have taken and passed their state’s bar exam.

There are other important differences and similarities between the two, and often the lawyers and attorneys don’t appreciate the distinction being reviewed here.

Definitions and Key Differences

An attorney has graduated from law school and passed their state’s bar exam. Some attorneys have taken the bar exam in other states and have been certified to practice in the state’s appellate court or federal court.

Attorneys can represent their clients in court and appear before judges. In ancient times, the area before the judge was protected by a fence or gate, hence the term “passing the bar” which only certain individuals could do. Today, ordinary people who want to represent themselves may do so, but that does not make them attorneys.

Attorneys have other rights and duties as officers of the court. These include the ability to:

• Negotiate on behalf of their client

• Act as their client’s legal representative

• Accept money or settlements on behalf of their client

• Maintain a client’s trust fund until the money is disbursed to their clients

A lawyer, on the other hand, has graduated from law school but has not passed the bar exam. In practical terms, a lawyer knows the law but cannot practice it. Lawyers have their juris doctor (JD) degree and can perform legal research and legal writing. They cannot, however, advise clients or represent them in court.

Those with JDs often work in colleges or academia as law professors, in government roles, or as legal researchers in law libraries. Lawyers seldom call themselves “lawyers” to avoid running afoul of the American Bar Association’s restrictions on “holding oneself out” as an attorney when one has not passed the bar.

Educational and Professional Requirements

Both attorneys and lawyers go to law school — taking the same courses and exams. Law school focuses primarily on federal laws, the Federal Code of Civil Procedure, the UCC, constitutional law, and other general courses. Law schools include intensive legal writing and legal research classes. Law students spend many hours learning how to interpret case law and apply statutory law to cases. Most students who graduate from law school have their JD, although some may have a Master of Law (LLM).

The bar exam is a rigorous, two- or three-day examination administered by the state bar association according to the American Bar Association requirements. The bar exam includes state-specific questions and the Multi-State Exam which covers federal law.

An attorney has taken and passed the exam. A lawyer may have taken the exam and not passed, or they may not have taken it at all. Not all law school graduates take the bar exam. Many LLMs are already attorneys, often from another country, and obtain an LLM so they can practice in the United States. Other attorneys may obtain their LLM in a specialized practice area like tax law or intellectual property.

Although lawyers and attorneys must both attend an ABA-accredited law school and complete the same courses, the attorney must pass the bar exam and meet their state’s licensing requirements. State bars require attorneys to pass a professional responsibility exam (PRE), and a moral fitness evaluation. The moral fitness evaluation can take several months and requires the would-be attorney to account for their entire history of employment, residence, and criminal history.

Roles and Responsibilities

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:

• Drafting legal documents, filling out forms and paperwork, and writing complaints and memos

• Researching case law, statutes, local laws, and client documents to support their client’s position

• Advising their client about the law, their case or policy, the opposing position, and the current status of the case

• Interviewing witnesses or interested parties

Attorneys have additional responsibilities:

• Representing clients in court and at hearings

• Giving clients specific legal advice about their case

• Representing their client’s interests in other proceedings

• Maintaining professional courtesy to the court process

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.

Common Misconceptions

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.

Career Prospects and Specializations

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:

• Law professor

• Mediator/arbitrator

• Recruiter

• Compliance officer

• Human resources officer

• Financial or policy analyst

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:

• Personal injury (tort) law

• Criminal law — especially DUI defense

• Intellectual property and patent law

• Medical malpractice

• Family law, divorce law, and child custody

• Bankruptcy law

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.

Client Considerations: Choosing the Right Legal Professional

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.

Legal System and Terminology

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.

Conclusion

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.

Sources

• https://www.embroker.com/blog/solo-law-firm-statistics/

• https://www.lawfirm.com/terms/attorney-vs-lawyer/

• https://www.indeed.com/career-advice/finding-a-job/attorney-vs-lawyer

• https://lawpath.com/blog/what-is-the-difference-between-a-lawyer-and-a-barrister