Attorney Or Lawyer: a Guide to Understanding the Roles

Legal professionals are often referred to as lawyers or attorneys. But these terms have different meanings, and it's essential to know the distinctions if you're looking for legal help.

Although both work in the field of law and can represent clients in court or when drawing up documents, there are some key differences between them—which this article will explain further.

If you've ever been unsure about the difference between a lawyer and an attorney (or vice versa), we'll help clear things up. After reading our post, you'll understand what kind of legal work each professional does—including how their job descriptions may vary depending on where they practice.

Short Summary

Who Is a Lawyer?

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If you've completed law school and obtained a law degree, you are a lawyer. To clarify: while all attorneys are lawyers, not all lawyers are attorneys.

Take, for instance, a person with a law degree who gives advice to businesses about following the law (but doesn't represent them in court). That individual is correctly referred to as a lawyer, not an attorney.

There are many other sorts of lawyers, too. Some specialize in fields like corporate law (the rules that govern companies), tax law, immigration law, or intellectual property law (patents, trademarks, copyrights).

And even if they don't go to court often—or at all—they may have jobs such as drafting documents, doing legal research, or teaching.

Who Is an Attorney?

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An attorney is a specialized type of lawyer who has passed the bar exam and been licensed to practice law in a particular area. This credential empowers them to represent clients in court, offer advice on legal matters.

For instance, while both attorneys and lawyers can advise individuals on contract negotiations or divorce proceedings, only attorneys are authorized to go to court on behalf of their clients.

Attorneys can do everything lawyers do—from preparing paperwork and conducting investigations to providing legal advice and appearing in court.

Law School and Certification Requirements

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Your path splits after an accredited law school if you want to become a lawyer or attorney. Both lawyers and attorneys have to go to law school. They learn about things like constitutional law, criminal law, and contracts while they're there. But there's a difference.

After they get their degree, lawyers can do lots of jobs that don't require passing the bar exam. They might become legal consultants, work in academia (meaning colleges or universities), or advise companies about laws they should know — stuff like that.

As an example, lawyers often work as legal researchers. Law firms hire them to help write difficult legal documents for big cases – even if these professionals won't set foot inside a courtroom themselves.

On the other hand, to become an attorney, one must pass the bar exam for the jurisdiction where they wish to practice. This certification is crucial because it enables attorneys to practice law, represent clients in court, and provide legal counsel.

For instance, an attorney might defend a client in a high-profile criminal case or negotiate a settlement in a civil dispute, utilizing their deep knowledge of the law.

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When it comes to legal matters and duties, there is a distinction between attorneys and lawyers. Attorneys, who are licensed by the state bar association after passing the exam, can do all of the things that lawyers can. They can argue in court, draft law documents for clients, and provide legal advice.

For example, if you have an attorney, they could defend you against criminal charges in court one day but then use them to form a contract with someone else for you the next day.

Lawyers, on the other hand, may not always be licensed to practice before a court of law even though they've gone through law school. Instead, they specialize in areas such as legal counsel, advising on policy, or academia.

For example, an attorney might create important legal paperwork behind the scenes, but a lawyer would do research for it as well as provide guidance to corporations about regulations and compliance.

While both positions require extensive knowledge of the law, attorneys have a wider range of legal duties—which means they can take part in direct negotiations or litigation in a courtroom.

Common Misconceptions About Attorneys and Lawyers

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The terms "lawyer" and "attorney" are often confused, but they refer to different roles within the legal profession. Let's clear up some common myths about lawyers and attorneys:

Myth 1: Any Lawyer Can Represent You in Court

One of the biggest misconceptions is that any lawyer can represent you in court.

An attorney is licensed to practice law in a specific jurisdiction. This license enables them to represent clients in court, negotiate on their behalf, and give legal advice in formal settings.

A lawyer who hasn't passed the bar might excel at legal research, drafting contracts, or working in academia –– but they can't stand before a judge to argue your case.

Misconception 2: Attorneys and Lawyers Are the Same Everywhere

Many people think the terms attorney and lawyer are interchangeable worldwide. In fact, these words can be used differently in different countries.

For example, while common law jurisdictions use only one or the other term (such as "attorney" in the United States or "lawyer" in Australia), different countries have more specific distinctions. In England, there are solicitors and barristers. Scotland has advocates. Knowing who can help when seeking legal assistance abroad is essential.

Misconception 3: Attorneys Are Only Needed to Practice Law in Court Cases

Another misunderstanding is that you only need an attorney if you end up in court. In fact, attorneys do far more than argue cases in front of judges. They can draw up wills, guide you through a divorce, or negotiate a sale on your behalf.

For example, an estate-planning attorney can help draft documents to determine what happens to your assets after death or if you become incapacitated—without ever having to sue someone.

Misconception 4: Lawyers Don't Have a Major Role Outside of Courtroom Representation

Although lawyers who haven't passed the bar cannot represent clients in court, they still serve crucial roles in various legal fields.

One such role is corporate counsel. A company may employ a lawyer as its legal advisor. In this position, they would draft documents for the business, ensure it complies with regulations, and even negotiate deals on its behalf.

By helping companies avoid later legal battles—or at least making them less messy—non-litigator lawyers demonstrate that knowing the law has value beyond arguing in front of a judge.

Deciding between an attorney and a lawyer relies on your particular legal requirements. If you necessitate someone to represent you in court – for a criminal defense or lawsuit, for example – then an attorney is who you would call upon, as they are licensed to practice law there.

However, if you're seeking legal advice, contract-drafting assistance, or guidance on regulatory compliance matters that are unlikely to result in litigation, then a lawyer with expertise in the relevant area may suit you just fine.

For instance, a corporate lawyer can help steer clients through thorny business dealings while complying with often intricate regulations. An estate lawyer can craft wills and trusts that actually work when it's time to divvy up peoples' possessions.

To decide which kind of legal eagle might best serve your needs, think about the specifics of what you want done – as well as their professional capabilities. Still, you can even find a lawyer-attorney.

Conclusion

When it comes to navigating the legal world, it's essential to understand the difference between an attorney and a lawyer. Although both are trained in law, what they can do for you and their qualifications can vary greatly.

Knowing who is best equipped to handle your court representation, draft legal documents, or provide specialized advice will save you time, money, and possibly frustration.

When next confronted with a legal quandary, consider each practitioner's unique certifications and skill set. Armed with this knowledge, you'll be better prepared to select the right legal professional for any situation that may arise.

Frequently Asked Questions

What Does It Mean to Practice Law as an Attorney?

Acting as an attorney involves representing clients in court, giving legal advice, and having the power to act for them in legal proceedings.

Correct. Both lawyers and attorneys can draft legal documents, but only attorneys can provide legal representation and advice in court regarding those documents.

Is Attending Law School Required to Practice Law?

Yes, it is necessary to go to law school to acquire the basic understanding needed for a career as an attorney or lawyer.

Attorneys have the ability to create different types of legal paperwork, such as contracts, last testaments, trusts, property transfers, and court papers. This will depend on their specific area of law practice.