What Is the Role of a Lawyer vs. an Attorney?
The role of a lawyer vs. an attorney is similar, but there is a technical difference between the two terms in the United States.
A lawyer is someone who has studied law or earned a law degree, while an attorney (or attorney-at-law) is a lawyer who is licensed to practice law, represent clients in court, and act on their behalf in legal matters. In everyday use, however, most licensed legal professionals are both lawyers and attorneys.
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It is the context in which the words are used that causes the confusion. People looking for the difference between a lawyer and an attorney might think they are two different careers, but the difference is typically more subtle than people think.
Let’s explore this!
What Does a Lawyer Do?
A lawyer can educate a client about legal rights and responsibilities. This could translate to drafting contracts, negotiating, studying laws, researching laws, providing legal counsel to businesses, or representing a client in a dispute.
For instance, if a person is involved in a business contract, he or she might require a lawyer to check the contract before signing it. The same professional might be needed by a party to a lawsuit to prepare the documents, do negotiations with the other party, and attend court.
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According to the ABA, a lawyer is someone who is licensed to give legal advice or represent others in legal proceedings.
What Does an Attorney Do?
An attorney in the United States is a lawyer who has been authorized to practice law. The term is derived from the concept of acting as another person’s legal representative, which can make the word “attorney” sound more formal.
An attorney could represent a client in a lawsuit, speak with the opposing party, go over a settlement, or present in front of a court. The exact position and qualifications of the attorney vary according to the state of practice.
State licensing issues are important because the legal profession is state-regulated. The ABA points out that each state has its own agency to handle the discipline of lawyers, not the ABA.
Is There a Legal Difference Between the Two?
To the majority of those who look for legal assistance, it is actually a trivial distinction. If you call a licensed attorney a lawyer, and a lawyer licensed in practice a lawyer, then it is safe to do so with a licensed attorney.
The bigger question is, of course, whether the individual is licensed in the jurisdiction in which the legal matter will be handled. It doesn’t take a lawyer to have permission to represent clients in court.
Differences in terminology are also possible outside the USA. There are some countries that differentiate between solicitors and barristers, and generally, the American legal system doesn’t differentiate between solicitors and barristers, just licensed lawyers.
Who to Hire?
Rather than the title, think about the professional’s license, experience, and field of practice. A person involved in a divorce case might require a family law attorney, and a person facing a criminal charge may require a criminal defense attorney.
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To get legal counsel before hiring, you should keep these things in mind:
- Whether or not the professional has a license in the jurisdiction in which the service is provided.
- Whether they routinely work cases like yours or not. If they do or do not routinely handle the kinds of cases you might encounter.
- If they can be present for you in the forum involved.
- Whether they have experience with your type of issue.
Key Takeaways
- In the United States, lawyer and attorney are used interchangeably.
- An attorney is normally a lawyer who is licensed to practice in a particular state.
- Attorneys can represent clients, draft documents, mediate, and resolve conflicts.
- Attorneys can represent their clients in court and other legal proceedings.
- State licensing regulates who can be a lawyer.
- The terms can have different meanings in other countries.
- Experience and practice are more important than the title alone.
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