Lawyer vs. Attorney
- Lynn Chefren
- Sep 2, 2020
- 3 min read
Is there really a difference? Should you know the difference?
Yes and Yes!
In the United States the terms “lawyer” and “attorney” are used interchangeably, but they are not the same. Honestly, I was unaware of the difference until I was on my way to law school and thinking about my future career path.
“All Attorneys are Lawyers, but not all Lawyers are Attorneys.” The difference is an essential one to understand when choosing representation.
A “lawyer” is someone who attended and graduated from law school. This person may give legal advice but cannot practice law. Many times, lawyers work in private industry using their legal education to supplement another area of focus, i.e., finance, business, or engineering.
An “attorney” is someone who attended and graduated from law school and passed the bar exam in a particular jurisdiction. Only when an individual has passed the bar, then been admitted to practice in a jurisdiction can they provide clients legal representation. The technical term for an attorney is “attorney-at-law” indicating that individual has met the requirements to practice law, not just give advice. In the United States, practicing law includes drafting documents and appearing in court. Abroad, attorneys split the duties, but that is a discussion for another day.
Photos (L-R): (1) Being hooded at my law school graduation May 15, 2010. (2) After my swearing in ceremonies for the State of W.Va. and Southern District of W.Va. on October 26, 2010. (3) During the swearing in at the W.Va. Supreme Court.
Another term used by some lawyers and attorneys is “Esquire.” It is used after a practicing attorney’s name to indicate that individual is an attorney, think of it like a physician using “Dr.” before his name. Some lawyers also use the term Esquire, so when looking for representation ensure that the individual you are researching is licensed to practice law in your jurisdiction.
When you are looking for legal representation, there are many avenues to find the right attorney for your matter. My first recommendation is to talk to trusted family and friends. They are more likely to give you an honest impression of the individual. Next, go online and run a basic search. There are many websites listing attorneys in your area – some list all attorneys, some only those who practice in a certain area. See who comes up on multiple sites with good reviews. You can always check social media too – LinkedIn is a great choice, and many firms have Facebook and Twitter pages that feature their staff and firm highlights.
It is key that you retain an attorney with experience in your matter. Only attorneys with advanced certifications, like an L.L.M. in Taxation can say they specialize in tax law. Most attorneys focus or concentrate on an area of law, even though they have been trained in all areas. Look for someone who focuses on what you need - you don’t want an attorney with a focus on personal injury cases handling your divorce and custody suit, or an adoption attorney suing your employer, or a real estate attorney giving you tax advice, etc.
Finally, check with the State Bar in your jurisdiction. Make sure that individual is licensed to practice law in your area. There is a caveat to this, if you are in one state, but will need to file suit in a neighboring state, you need an attorney who can practice where the case is filed, not necessarily where you live. Many lawyers that practice close to state lines are licensed in multiple jurisdictions. So, if you live in West Virginia, but think you will need to file suit in Pennsylvania, try to find an attorney licensed in both states.
This same caveat applies for suits in federal court – not all attorneys are admitted to practice before all federal courts. An attorney may be admitted to practice law in the state of West Virginia, but not the Northern or Southern District federal courts, or they may be only admitted to practice before one and not the other. Certain federal districts have online searches for admissions, other districts you will need to contact the Clerk of the Court directly.
At Chefren Legal & Business Consulting, PLLC, I myself, as our primary attorney, have been admitted to practice in all state courts in the State of West Virginia, and both the Northern and Southern District federal courts. While CLBC’s primary focus is not litigation, we can represent our clients in court when needed.
If you think CLBC could help with your matter, reach out through our website or social media pages to schedule a free consultation!
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