Many people use the terms “attorney” and “lawyer” interchangeably, but there are some important distinctions between these legal roles that impact their capabilities. This article will examine the key differences between attorneys and lawyers when it comes to education requirements, court representation, areas of law practiced, ethical obligations, and common misconceptions about their roles.
Defining the Roles: Attorney vs. Lawyer
While both attorneys and lawyers are trained in the law and can provide legal services, the primary difference lies in their authority to represent clients in court.
An attorney is a person qualified and licensed to represent clients in court and provide legal advice. They can file lawsuits, represent clients during legal proceedings, and make arguments on their client's behalf in front of a judge and jury.
A lawyer, on the other hand, is a legal professional who has a law degree and provides services like drafting legal documents and offering legal advice and guidance. However, unlike attorneys, lawyers are not necessarily licensed to represent clients in court.
Becoming an Attorney: Education and Licensing Requirements
The process of becoming a licensed attorney authorized to appear in court is more extensive than the training required to become a lawyer.
To become an attorney, you must:
Earn a Juris Doctor (J.D.) degree from an accredited law school. This typically takes 3 years.
Pass the bar exam in the state(s) where you wish to practice law. Each state administers its own bar exam testing your knowledge of that state's laws.
Get admitted to that state's bar association. This requires passing character and fitness reviews.
Maintain your law license by completing required continuing legal education (CLE) courses.
Once admitted to a state bar, attorneys must follow strict ethical rules and standards set by that bar to retain their license to practice law.
Lawyers, on the other hand, only need a law degree and do not have to be admitted to a state bar, pass the bar exam, or meet ongoing CLE requirements.
Representing Clients In and Out of Court
One of the biggest differences between these two legal roles is their ability to represent clients in court.
Only licensed attorneys can file and argue cases in court, represent clients during legal proceedings, and act as an advocate for their client to judges and juries. Attorneys can represent clients in both civil and criminal cases.
Lawyers are limited to providing legal services outside of court like legal research, drafting contracts and documents, and offering legal consultations and advice. While they have knowledge of the law, lawyers cannot represent clients during litigation or other court proceedings unless they are also licensed attorneys.
Areas of Law and Specializations
Both attorneys and lawyers can specialize in a particular area of law. Common legal specialties include:
- Criminal law
- Family law
- Corporate law
- Real estate law
- Tax law
- Intellectual property law
Attorneys may gain experience handling a wide variety of cases in court ranging from personal injury lawsuits and divorce proceedings to criminal trials. Over time, many attorneys choose to focus their practice on a narrow field of law they are most passionate about.
Lawyers specialize by gaining detailed knowledge of a specific legal practice area relevant to their work outside the courtroom, like drafting wills and trusts, mergers and acquisitions, or patent and trademark applications.
Ethical Standards and Professional Obligations
As court officers, attorneys are held to the highest ethical standards and face stringent disciplinary action if they violate their professional responsibilities.
The bar association regulates attorney conduct, and attorneys found guilty of breaking their ethical codes can face consequences ranging from censure and suspension to losing their law license. For instance, attorneys must strictly adhere to client confidentiality and avoid conflicts of interest when representing multiple clients.
Lawyers are not licensed by the bar association, so they do not face the same disciplinary risks under that governing body’s ethical rules. However, lawyers employed by a law firm may need to follow their employer’s professional conduct policies. Lawyers are also expected to follow ethical business practices and provide competent legal advice.
Public Perception and Misconceptions
There are some common public misconceptions when it comes to understanding the difference between these legal occupations.
In movies and TV shows, the term lawyer is liberally applied to any legal professional. In reality, characters that act as advocates in the courtroom are practicing as attorneys. Understanding this distinction can help clarify the capabilities of real-world legal practitioners.
The public may also believe lawyers have inferior qualifications or knowledge compared to attorneys. In truth, both lawyers and attorneys gain strong legal acumen and training by earning a Juris Doctor. The difference lies in attorneys’ additional credentialing and licensing requirements that allow them to bring that knowledge into the courtroom.
Key Takeaways: Attorneys vs Lawyers
While subtle, the distinctions between attorneys and lawyers impact their legal authority and professional obligations:
Only licensed attorneys can represent clients in court proceedings. Lawyers are limited to out-of-court legal services.
Attorneys have more stringent education and licensing requirements, including passing a bar exam.
Attorneys face strict ethics rules and disciplinary action under their state bar association. Lawyers have fewer professional conduct risks.
In common parlance, “lawyer” is often used loosely for any legal professional even though capabilities differ between lawyers and attorneys.
So in summary, attorneys do wield more power and authority than lawyers when it comes to courtroom representation. But both play important, nuanced roles in the legal system and provide valuable assistance to their clients. Understanding the key differences allows you to seek out the right legal professional for your specific needs.