Understanding the Difference Between a Lawyer and an Attorney
While both are highly educated professionals who can provide legal advice, represent clients, and interpret the law, there are subtle differences in their roles and responsibilities. Knowing these differences can help you figure out what kind of route you would like to take if something happens and you require legal assistance.
So, what really is the difference between a lawyer and an attorney? Let’s break it down.
Who is a Lawyer?
A person can be a lawyer if and only if they have graduated from law school and hold a J.D. (Juris Doctor). Understanding the difference between a lawyer and an attorney is important here, as not all individuals with legal education are authorized to represent clients in court.
Most lawyers have passed the bar exam and are practicing law, while some may or may not actively practice. The term “lawyer” here refers to anyone who has matriculated in law school and has a formal legal education. But that does not mean every lawyer is authorized to stand in court on behalf of an individual or deliver legal services directly to the public.
Similarly, attorneys can offer general legal advice, help you carry out research, or play a part in any other form of assistance. For instance, a lawyer could advise a person drafting a contract on the potential risks and benefits of certain terms.
Who is an Attorney?
Lawyer is a general term for anyone who has completed a law degree. An attorney, conversely, is a certain type of lawyer, and the individual must first pass the bar exam in their jurisdiction before having the legal ability to represent clients in court or perform mandatory legal duties that require a license.
The word “attorney” derives from “attorney-at-law,” meaning a person representing another , as any lawyer in court working on that other’s behalf. Fully authorized attorneys may be licensed to practice law, appear in court, argue cases, and represent clients before judges or other government officials.
That said, one does not simply become a lawyer by graduating from law school; they must also pass the bar exam and meet other requirements set by the state or country in which they choose to practice.
Key Differences in Practice
Although the line between a lawyer and an attorney may appear slight at times, there are material proclamations that affect the services rendered. A lawyer can have a legal education and not necessarily be a licensed attorney.
For example, if you need help to understand business contracts or estate planning, a lawyer can assist and guide you. Still, in case of lawsuits or filing a legal claim, an attorney is most likely needed to represent your side in court.
Likewise, the difference between lawyer and attorney primarily concerns the employment of legal experts for specific purposes.
Takeaways
Understanding the difference between a lawyer and an attorney is essential when looking for legal assistance. Here’s what to keep in mind:
- A lawyer is a person who has gone to law school and is trained to offer legal advice, but may not be licensed to represent you in court.
- All this suggests you may need an attorney if you want court representation in a dispute.
- You’ll need a lawyer if you are being sued, going to court, or want someone to represent your case in court.
- Understanding the distinction will allow you to make more informed decisions about the legal help you need and receive.
Knowing whether you need a lawyer or an attorney will ensure your selection is appropriate and ultimately save time, money, and effort.
