Understanding the Distinction between Attorneys and Lawyers

If you are interested in pursuing a career in the legal field, you may have heard the terms attorney and lawyer used interchangeably. However, there are some important differences between these two roles that you should be aware of before choosing your path.

In this blog post, we will explain what an attorney and a lawyer are, how they differ from each other and what other legal professions you can explore.

What is an attorney?

An attorney is someone who has graduated from law school and passed the bar exam in the state where they practice law. The bar exam is a rigorous test that assesses the candidate's knowledge of state-specific laws and general legal principles. Passing the bar exam allows an attorney to be licensed by the state's bar association and to represent clients in court and other legal proceedings.

An attorney's duties include:

• Advising clients on their legal rights and obligations
• Researching and analyzing legal issues and precedents
• Drafting and reviewing legal documents, such as contracts, wills, deeds, etc.
• Negotiating settlements and agreements with other parties
• Advocating for clients in court trials, hearings, arbitrations, mediations, etc.
• Supervising and mentoring junior attorneys and paralegals

What is a lawyer?

A lawyer is someone who has been educated in the law and has completed law school. They can provide legal advice to others, but they cannot represent clients in court because they have not passed the bar exam. 

Some lawyers work under attorneys to gain experience in a law firm setting while preparing to take the bar exam. Others choose not to pursue a career as an attorney and work as a consultant or a government advisor without having to take the bar exam.

A lawyer's duties include:

• Conducting legal research and writing
• Preparing legal memoranda and briefs
• Assisting attorneys with case preparation and discovery
• Educating clients and the public on legal matters
• Teaching law courses or writing law books or articles

What is the difference between an attorney and a lawyer?

The main difference between an attorney and a lawyer is that an attorney has passed the bar exam and has been approved to practice law in their jurisdiction. A lawyer is a person who is trained in the field of law and has a law degree, but may not be licensed to practice law.

However, for everyday use, lawyer and attorney have the same meaning and are often used interchangeably. The word attorney comes from French, meaning "one appointed or constituted," and the word's original meaning is of a person acting for another as an agent or deputy. The word lawyer comes from Latin, meaning "one learned in the law," and refers to someone who studies or practices the law.

Both an attorney and a lawyer can provide legal counsel, but only an attorney can represent clients in court and other legal proceedings. In other words, someone who is a lawyer but not an attorney cannot take part in legal proceedings in the courtroom. Generally speaking, most lawyers are in the process of becoming attorneys.


What are some other legal professions?

Besides attorneys and lawyers, there are many other professionals who work in the legal field. Some of them are:

Paralegal

A paralegal is someone who assists attorneys with various tasks, such as conducting legal research, drafting documents, organizing files, interviewing witnesses, etc. Paralegals usually have an associate's degree or a certificate in paralegal studies.

Legal secretary

A legal secretary is someone who performs administrative duties for attorneys, such as scheduling appointments, answering phone calls, typing letters, filing documents, etc. Legal secretaries usually have a high school diploma or equivalent and some office skills.

• Judge

A judge is someone who presides over court cases and makes decisions based on the law and evidence presented by the parties. Judges usually have a law degree and many years of experience as attorneys.

• Prosecutor

A prosecutor is someone who represents the government or the public interest in criminal cases. Prosecutors usually have a law degree and work for federal, state or local agencies.

• Defense attorney

A defense attorney is someone who represents individuals or groups accused of crimes. Defense attorneys usually have a law degree and work for private firms or public defenders' offices.

• Mediator

A mediator is someone who facilitates communication and negotiation between disputing parties to help them reach a voluntary agreement. Mediators usually have a bachelor's degree or higher in a relevant field and some training in mediation skills.

• Arbitrator

An arbitrator is someone who hears and decides disputes between parties who have agreed to submit their case to arbitration instead of going to court. Arbitrators usually have a bachelor's degree or higher in a relevant field and some expertise in the subject matter of the dispute.

Attorneys and lawyers are both professionals who work in the legal field, but they have different levels of qualification and authority. 

An attorney is someone who has passed the bar exam and can represent clients in court, while a lawyer is someone who has a law degree but may not be licensed to practice law. 

However, these terms are often used interchangeably in common language. There are also many other legal professions that you can explore if you are interested in this field.

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